LAWS(SC)-2024-1-86

PRIYANKA PRAKASH KULKARNI Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION

Decided On January 29, 2024
Priyanka Prakash Kulkarni Appellant
V/S
MAHARASHTRA PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The decision of the Division Bench of the High Court of Judicature at Bombay (the "High Court") wherein the High dismissed Writ Petition No. 9040 of 2023; and consequently, granted imprimatur to the decision of the Maharashtra Administrative Tribunal, Mumbai (the "MAT") dtd. 7/7/2023 in Original Application No. 396 of 2023 (the "OA") is assailed before us (the "Impugned Order").

(3.) An advertisement was issued by the Respondent on 11/5/2022 in relation to the State Services Preliminary Examination for the recruitment of person(s) to the gazetted post of 'Group A' and 'Group B' officers under the Government of Maharashtra (the "Impugned Advertisement"). Pertinently, Paragraph 5.5 of the Impugned Advertisement contemplated the benefit of inter alia female reservation subject to certain prerequisites which included (i) that the candidate must be a domicile of Maharashtra; and (ii) that the candidate must belong to the Non-Creamy Layer ("NCL").