Case Note & Summary
The petitioners, 87 aspirants belonging to the Special Backward Classes (SBC), filed a writ petition challenging the revised select list and revised wait list dated 27 October 2022 published by the Maharashtra State Electricity Distribution Company Limited (MSEDCL) for the post of Vidhyut Sahayyak. The petitioners had applied pursuant to an advertisement in 2019 for 5,000 posts, out of which 1,378 were for Open Category and the rest reserved for various social categories including SBC. They were subjected to a written test and were included in the earlier wait list published on 8 February 2022. However, due to certain developments regarding reservations for SEBC and EWS categories, the State Government directed that SEBC candidates be considered under EWS category. Consequently, MSEDCL revised the select list and wait list, excluding the petitioners' names. The court examined whether the exclusion was arbitrary and violative of Articles 14 and 16 of the Constitution. The court noted that the petitioners had already been included in the earlier wait list and had a legitimate expectation of being considered for appointment. The revision of the wait list without any rational basis and without affording any opportunity to the petitioners was held to be arbitrary. The court directed MSEDCL to include the petitioners' names in the revised wait list and consider them for appointment in accordance with the earlier wait list. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Reservation - Special Backward Classes - Revised Select List - The petitioners, belonging to SBC category, were included in the wait list dated 8 February 2022 for the post of Vidhyut Sahayyak. Subsequently, MSEDCL published a revised wait list on 27 October 2022 excluding them, purportedly due to re-allocation of SEBC/EWS vacancies to Open Category. The court held that the exclusion was arbitrary and without any rational basis, as the petitioners had already acquired a right to be considered for appointment from the earlier wait list. The court directed MSEDCL to include the petitioners' names in the revised wait list and consider them for appointment. (Paras 1-16) B) Constitutional Law - Articles 14 and 16 - Arbitrariness - The court held that the action of MSEDCL in revising the wait list and excluding the petitioners was arbitrary and violative of Articles 14 and 16 of the Constitution. The court observed that the petitioners had a legitimate expectation of being appointed from the earlier wait list, and the revised list could not be used to defeat their rights without any valid justification. (Paras 10-15)
Issue of Consideration
Whether the exclusion of SBC candidates from the revised wait list dated 27 October 2022, after they were included in the earlier wait list dated 8 February 2022, is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The court allowed the writ petition and directed MSEDCL to include the petitioners' names in the revised wait list dated 27 October 2022 and consider them for appointment in accordance with the earlier wait list dated 8 February 2022. No order as to costs.
Law Points
- Reservation
- Special Backward Classes
- Revised Select List
- Arbitrariness
- Articles 14 and 16
- Horizontal Reservation
- Vertical Reservation
- SEBC Act
- EWS
- MSEDCL
