MANOJ MOHAN MAHIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this group of writ petitions is to the common judgment and order 8/5/2019 passed by the Maharashtra Administrative Tribunal, Mumbai (the Tribunal) in Original Application No. 1091 of 2015 along with connected original applications. In the impugned judgment, the Tribunal has held the action of Maharashtra Public Service Commission (MPSC) in shortlisting candidates on the strength of possession of higher educational qualification as unsustainable. The action of shortlisting adopted by MPSC is interpreted by the Tribunal as en bloc elimination of candidates holding lower qualification of bachelor's degree in dental surgery (BDS). The Tribunal has also held that candidates having experience in private hospitals/clinics could also be considered for determining eligibility. The Tribunal has directed MPSC to revise the list of selected candidates and send additional names by including therein names of Original Applicants meeting the minimum prescribed qualifications.

(2.) MPSC is aggrieved by the Tribunal's judgment to the limited extent of setting aside shortlisting criteria and treating shortlisting as en bloc elimination of candidates with BDS qualifications.

(3.) The contractual/temporary candidates already in service as clinical assistants (original applicants) are also aggrieved by the finding of the Tribunal accepting experience of candidates in private hospitals/clinics. Therefore, even though the operative portion of Tribunal's order is in their favour, they have filed Petitions challenging the Tribunal's order to that limited extent.