SHIVAJI Vs. CHAIRMANMAHARASHTRA PUBLIC SERVICE COMMISSION AND

JUDGEMENT

(1.) The two petitioners in this petitioner under Art. 226 of the Constitution have challenged the memoranda dt. 20th April, 1983 whereby their services are directed to stand terminated on the expiry of the period of 30 days from the date of the issue of the said notices. There is a somewhat long history behind the issuance of these notices and naturally the facts leading to the issuance of these notices must be stated in great details.

(2.) Pursuant to an advertisement issued by the Maharashtra public Service Commission on 4th Jan., 1979 the petitioner applied for the posts of Probationary Tahsildars in Maharashtra Civil Services Class II. The notification also declared the filling up of vacancies in several other services such as probationary Deputy Collectors in Maharshtra State, Maharshtra Finance and Accounts Services, Class I, Probationary Deputy Superintendents of Police, etc. and the posts were to be filled on the basis of an examination and that in each category of posts 80% of the posts were reserved for various classes mentioned therein. Scheduled castes, scheduled tribes, denotified nomadic tribes and other backward communities together were allowed 34% of the total number of seats in each category of the posts. Forty-six per cent of the posts in each category were allotted to the economically weaker sections of the society. Together therefore, there was reservation of 80% of the posts in favour of what the Stat has regarded as backward classes within the meaning of Art. 16(4) of the Constitution.

(3.) The category of posts for which the petitioners applied and ultimately succeeded is probationary Tahsildars. Maharashtra Civil Service, Class II. There were 25 vacancies to be filled in this category. For the scheduled castes (including scheduled castes converted to Buddhism), scheduled tribes, denitrified nomadic tribes and other backward communities 9 posts were reserved. Nine posts out of 25 posts constituted 34% of the total posts. Eleven posts out of 25 posts constituting 46% of the posts were reserved for economically weaker sections of the society. Thus 20 of the posts were reserved for economically weaker sections of the society. Thus 20 out of 25 posts in the category of Probationary Tahsildars class II amounting to 80% of the total posts were reserved for one or the other section of the community.