MUNICIPAL MAZDOOR UNION Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) THIS petition under Article 226 takes exception to the eligibility criteria fixed by the Maharashtra Public Service Commission for admission to the screening test for the post of Ward Officer, Bombay Municipal Corporation (BMC ). The petitioner is a Trade Union registered under the Trade Unions Act, 1926, representing a large number of BMC employees. The petitioner Union has filed this petition for and on behalf of Pest Control Officers working in the Insecticide Branch of the Health Department of the BMC listed in Ex. A to the petition.

(2.) BRIEFLY the facts are that the BMC by its notification no. NBM-10 (a) (3)/34/xm dated May 15, 1996 caused an advertisement through the Maharashtra Public Service Commission (MPSC) in the local newspaper inviting applications for 11 vacancies of Ward Officers in the Municipal superior service. In the said notification qualifications, eligibility criteria and other requirements are stated. Clause 4 of the said notification lays down qualifications and it reads as follows :-

(3.) THE sub-clause (3) of Clause 4 of the notification provides that if the number of prima facie eligible candidates applied for the post is disproportionately large in comparison to the number of posts available, a screening test may be held or suitable criteria may be held or suitable criteria may be adopted for short - listing candidates for interviews. Pursuant to subclause (3) of Clause 4 the following criteria is fixed by the Maharashtra Public Service Commission :