CHARUSHILA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this group of petitions, the question, that arises for consideration, is as regards methodology of filling in the vacancies prescribed for horizontal reservation which flows from Article 16(1) of the Constitution of India. Another question, that would be required to be considered is, as to whether rule of migration/shifting can be applied and to what extent.

(2.) In Writ Petition No.4159 of 2018, the petitioners are objecting to the Government Circular dated 13.08.2014 and are also praying to quash Clause 19 recorded in the call letters issued to them. The petitioners participated in the process of selection conducted by the Maharashtra Public Service Commission for filling up vacancies for the posts of Deputy Collector, Deputy Superintendent of Police, Assistant Commissioner of Police and such other posts. The posts have been earmarked under the advertisement for various vertical and horizontal reservation categories. The petitioners appeared for main examination and have been declared qualified for the interview, which was scheduled on 09.04.2018. It is recorded in the call letters issued to the petitioners, "while filling up the posts from horizontal reservation from general category, firstly the selection of the candidates should be made on the basis of merit amongst all the candidates including the backward category candidates also". The candidates were directed to bring their school leaving certificate at the time of interview for verifying as to which category they belong to and from which category they have filled in their application forms.

(3.) The petitioners contend that though they belong to reserved category, they have filled in their application forms as a general category candidates and have not claimed any benefit as a member belonging to reserved category. In view of the Circular dated 13.08.2014, issued by the State of Maharashtra, the petitioners apprehend that since they belong to reserved category, though they have not claimed any benefits of reservation, they will not be considered for the unreserved vacancies even if they are qualified on the basis of their individual merit.