AMRAPALI SIDDHARTH KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned advocate Mr. Bolkar for the petitioners.

(2.) Rule. Rule is made returnable forthwith. The learned A.G.P. waives service for respondent no. 1. Learned advocates for other respondents also waive service. At the joint request of the parties, the matter is heard finally at the stage of admission.

(3.) The petitioners belong to Scheduled Caste/Scheduled Tribe and OBC categories. They have participated in the recruitment process undertaken by the respective Zilla Parishads under the Integrated Child Development Services Schemes for selection and appointment of Anganwadi Sevikas, Mini Anganwadi Sevikas and Madatnis (helper). Having not been able to get selected, they are before us. According to them the Human and Child Welfare Department of the State of Maharashtra dtd. 2/2/2023 (Exh. C), resolved that in the matter of allotment of marks under various heads to the candidates from reserved categories in the selection process. Scheduled caste and scheduled tribe candidates will have 10 additional marks and the candidates from Other Backward Classes, Vimukta Jaties and Nomadic Tribes categories, Special Backward Classes would have 05 additional marks. However, by the impugned resolution dtd. 30/1/2025, decision has been taken to reduce these marks from 10 to 5 and from 5 to 3. This decision is arbitrary, has no rationale nexus with the object with which the decision was taken to award additional marks and hence they have put up a challenge and are seeking declaration that the resolution dtd. 30/1/2025 is null and void with a further direction in the nature of mandamus to restore the marks awardable under the Government resolution dtd. 2/2/2023.