LAWS(BOM)-2023-12-121

AKSHAY ASHOK CHAUDHARI Vs. GOVERNMENT OF MAHARASHTRA

Decided On December 22, 2023
Akshay Ashok Chaudhari Appellant
V/S
GOVERNMENT OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule in all the Petitions. Rule is made returnable forthwith. Taken up for final disposal as per the earlier order.

(2.) In the year 2018, the State of Maharashtra enacted the "Maharashtra State Reservation for Socially and Educationally Backward Class Act, 2018" (SEBC Act), which came into force on 30/11/2018. This legislation conferred a right on the individuals from the Maratha community, SEBC category, to 13% of total admissions in educational institutions and 16% of total appointments in direct recruitment for public services and posts within the State. The constitutional validity of the SEBC Act was challenged in this Court. After this Court upheld the validity, the challenge was taken further to the Hon'ble Supreme Court. The Supreme Court initially granted an interim order and then declared the SEBC Act to be unconstitutional. The State of Maharashtra issued Government Resolutions (GRs), regarding candidates who had applied under the SEBC category in the recruitment process for filling up public posts. These candidates were permitted to apply in the Economically Weaker Sec. category (EWS) for the process of recruitment of various posts advertised in the year 2019. The GRs. and the actions taken by the State Government in this regard were challenged before the Maharashtra Administrative Tribunal by the candidates who had initially applied under the EWS category. The Tribunal upheld the challenge by the impugned order dtd. 2/2/2023. The Tribunal directed the State of Maharashtra to prepare a final list of the original EWS candidates along with further directions and disqualified the candidates who had initially applied under the SEBC category.

(3.) Challenging this order of the Tribunal dtd. 2/2/2023, the State of Maharashtra and the aggrieved SEBC candidates have brought these writ petitions before us. Intervention applications are filed. The Petitions and Applications are argued together as they arise from the common order passed by the Tribunal and are disposed of by this common judgment and order.