Case Note & Summary
The petitioner, a 41-year-old woman with 100% permanent visual impairment, applied for the post of Clerk-Typist (Marathi-English)-2023 under the Person with Disability category in response to an advertisement published by the Maharashtra Public Service Commission for the Maharashtra Subordinate Group-B and Group-C Services Combined Preliminary Examination-2023. Due to her disability, she took assistance from a person at an internet café to fill the online preference form for the appointing authority. The assistant inadvertently selected the option 'no preference' in the preference list. The petitioner, unaware of this error, successfully cleared both the preliminary and mains examinations with a score of 192.48. When she discovered the error, she immediately addressed a letter dated 28 February 2025 to the respondent, requesting permission to edit the preference option. After receiving no response, she sent a further representation on 3 March 2025. The National Association for the Blind also appealed on her behalf. The petitioner invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India, seeking a direction to the respondent to allow correction of the inadvertently selected preference. The Court issued rule and, by consent of the advocates, took up the petition for final hearing. The factual matrix detailed the petitioner's disability, the inadvertent error, and the lack of response from the respondent. The core legal issue was whether a disabled candidate should suffer prejudice due to an error directly linked to her disability, particularly when she had otherwise qualified in the examination. The judgment text provided does not contain the final decision or reasoning of the court.
Issue of Consideration
Whether a visually impaired candidate who inadvertently selected 'no preference' in the online recruitment form due to her disability should be allowed to correct the error, and whether the refusal to allow correction violates rights.
Case Details
2025 LawText (BOM) (04) 118
Writ Petition No. 4023 of 2025
M.S. Karnik, Ashwin D. Bhobe
Dr. Uday Warunjikar, Mr. Siddhesh Pilankar, Mr. Ashutosh Kulkarni, Mr. Siddharth Shitole
Maharashtra Public Service Commission, Through its Chairman
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Nature of Litigation
Writ petition under Article 226 seeking correction of inadvertently selected preference in a recruitment form for the post of Clerk-Typist under the Person with Disability category.
Remedy Sought
Petitioner sought indulgence to correct the error in the preference option for appointing authority, to allow her to edit the option and give her choice of preference.
Filing Reason
Petitioner, a 100% visually impaired person, inadvertently selected 'no preference' due to error by assistant at internet café, and her subsequent requests to correct the error were not responded to.
Issues
Whether a visually impaired candidate who inadvertently selected 'no preference' in the online recruitment form due to her disability should be allowed to correct the error, and whether the refusal to allow correction violates rights.
Judgment Excerpts
Petitioner, battling and surmounting debility against visual impairment (100% blindness), has filed the present Petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
While selecting the preference option, person from internet cafe assisting Petitioner, inadvertently selected the option of “no preference” in the preference list for selecting the appointing authority.
Petitioner successfully cleared the preliminary as well as mains examination in one attempt with a total score of 192.48.
Petitioner immediately by her letter dated 28.02.2025, brought the said error to the notice of the Respondent and requested for indulgence to correct the said error by editing the said option to give her choice of preference for the appointing authority.
Procedural History
Petitioner filed writ petition; court issued Rule and, with consent of the advocates, took up the petition for final hearing on 8 April 2025.
Acts & Sections
- Constitution of India: Article 226
