The Court upheld the disqualification of a candidate for multiple appearances in an examination, affirming that only the last completed application should be considered.

1. Heard Mr. T. M. Venjane along with Mr. Vikrant S. Valse, learned counsel for the petitioner, Mr. S. R. Yadav Lonikar, learned A.G.P. for respondent No.1 and Mr. A. R. Nikam, learned counsel for respondent Nos.2 and 3.

2. By the present writ petition under Art.226 of the Constitution of India , the petitioner is seeking relief as prayed in prayer clauses 'B' and 'C', which are as under:

"B] This Hon'ble Court by issuing writ of mandamus or any other writ in the like nature, may kindly direct to the respondents to permit the petitioner for self certification on Pavitra portal from Economically Weaker Section (EWS) Category or Open Category.

C] Pending hearing and final disposal of this Writ Petition, be pleased to direct the respondents to permit the petitioner for self certification on Pavitra portal from Economically Weaker Section (EWS) Category."

3. It is the case of the petitioner that he is educationally qualified to be a teacher and he submits that for filling the posts of teachers in the schools the Maharashtra State Examination Council conducts examination of Teachers Aptitude and Intelligence Test (TAIT). On 31.01.2023 an advertisement along with guidelines was published for examination of TAIT. As per the guidelines in clause 4, a candidate is permitted to submit one application, however, in case multiple applications are submitted by a candidate, only the latest valid (completed) application would be accepted and the application fees / intimation charges paid for the other multiple registrations would stand forfeited. Clause 4 of the Guidelines (Instructions) is quoted hereunder:

"Not more than one application should be submitted by any candidate. In case of multiple applications, only the latest valid (completed) Application will be retained and the application fees / intimation charges paid for the other multiple registration(s) will stand forfeited."

4. The Maharashtra State Examination Council also issued further online instructions along with the call letter and clause 14 of the instructions provides that a candidate is allowed to appear only once in the online examination. Instructions further provide that multiple appearance in online examination will result in cancellation of candidature. It is also provided that in case more than one call letter is generated, candidates are advised to appear only once at the time mentioned in the call letter and all other call letters were required to be surrendered.

5. For ready reference clause 14 of the instructions issued with the call letter is quoted below:

"14. Please note that a candidate is allowed to appear only once in the online examination. Multiple appearance in online examination will result in cancellation of candidature. In case more than one call letter has been generated candidates are advised to appear only once on the date and at the time mentioned on the respective call letter. All other call letters are to be surrendered."

6. The petitioner applied for TAIT examination on 02.02.2023 in open category and again applied on 12.02.2023 in Economically Weaker Section (EWS) category. On 27.02.2023, the petitioner answered the TAIT examination online as an open category candidate and on 01.03.2023, the petitioner answered the TAIT examination online as an EWS category candidate.

7. On 01.09.2023, the Maharashtra State Examination Council published instructions on it's website for completion of self certification of the candidates within the period from 01.09.2023 to 15.09.2023. In terms of these instructions, the petitioner tried for self certification on the pavitra protal website, however, the self certification was not accepted by the website. The petitioner