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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

1011 WRIT PETITION NO.3316 OF 2021

GHANSHYAM NAVNATH BHAPKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND

ANOTHER

...

Advocate for Petitioner:

Mr. S. D. Tawshikar h/f. Mr. Patil Vishnu Y.

AGP for Respondents: Mr. P. S. Patil

...

CORAM:S. V. GANGAPURWALA &

SHRIKANT D. KULKARNI, JJ.

DATE: 26^th FEBRUARY, 2021

PER COURT:

1.

The petitioners challenge the notice issued

by the respondent for conduct of examination as

per advertisement of February-2019 for 54

different posts on single day in two shifts. The

exams are scheduled on 28.02.2021.

2.

Mr. Tawshikar, learned Counsel for the

petitioners submits that the advertisement in

question did not restrict the rights of the

petitioners to apply for two or more posts. The

advertisement was for 54 posts. Some of the

petitioners have applied for 5 to 7 posts. If the

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examinations are held on one day, then the

petitioners would be deprived from exploring their

chances of seeking employment for various posts.

The action of the respondents is arbitrary and

violative or Article 14 of the Constitution of

India. The advertisement is issued in the year-

2019, and now in haste, the exam is scheduled on

28.02.2021. The said date is fixed on 29.01.2021.

In Covid-19 pandemic situation where the Classes /

exams are required to be conducted online, the

respondents are conducting physical examinations.

The advertisement did not prohibit the candidates

from applying at different centres. Even, the

advertisement provided that candidate can give

three preferences. The petitioners have given

preferences to various centres in different

districts. Now, for 14 posts the exam is conducted

in first shift and for 40 posts the exam is

conducted in second shift. If the petitioners

apply for the post of Junior Clerk and Senior

Clerk the exam for both the posts are held in the

same shift. The petitioners would be deprived from

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participating in the exam for one post and the

right to appear for the exam would be restricted

to the single post. The same was not the object of

the advertisement. The very purpose of inviting

applications for two or more posts pursuant to the

advertisement is frustrated. The respondents be

directed to conduct the examination in more

phases.

3.

Mr. Patil, the learned Additional Government

Pleader submits that, though, the posts are to be

filled in, the Covid-19 measures are to be

implemented, the State Government has to optimize

all the resources and is required to address the

increase in load on healthcare. There are about

4,23,000/- applications received. Less than 25%

candidates have applied for two or more posts. The

Health Department would fill in only 50% posts at

present.

4.

We had asked the learned A.G.P., if the exam

can be conducted in more phases. The learned

A.G.P., on instructions, submits that now it would

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not be possible. The examination is scheduled on

28.02.2021, arrangements are made for

transportation of the exam papers and all other

arrangements have been made. Except the 12

petitioners, nobody has raised any objection to

the conduct of the examination. According to the

learned A.G.P., the State requires immediate staff

of X-ray technicians, Laboratory Technicians,

Staff Nurse and all other staff, the recruitment

is required to be made emergently.

5.

The advertisement is issued in the year-2019

for filling in the various posts detailed in the

advertisement. At the outset, we fail to

understand the propriety in inviting the

applications from one candidate for various posts.

In the advertisement there are many posts which

have no co-relation with each other. In the

petition, we observed that, though, the candidate

may belong to