Case Note & Summary
The petitioner, Pradeep Bapurao Mohite Patil, filed a writ petition before the Bombay High Court challenging his exclusion from the select list for the post of Sub Station Assistant advertised by the Maharashtra State Electricity Distribution Company Limited (MSEDCL). The petitioner belongs to the Other Backward Class (OBC) category and also claims horizontal reservation as a Project Affected Person (PAP). He had completed apprenticeship training with MSEDCL from 2009 to 2011 and later worked as a Junior Operator on outsourcing basis. The respondent published an advertisement in June 2019 for 2000 posts of Sub Station Assistants, with 355 posts reserved for OBC category. The petitioner applied under the OBC and PAP categories but was not included in the select list. The court considered the petitioner's apprenticeship training and his work experience, and held that the horizontal reservation for PAP must be applied correctly. The court directed the respondents to reconsider the petitioner's candidature and include his name in the select list if he is otherwise eligible. The petition was allowed with directions.
Headnote
A) Service Law - Horizontal Reservation - Project Affected Persons - The petitioner, an OBC candidate claiming horizontal reservation as a Project Affected Person, was excluded from the select list on the ground that he was not an apprentice of the respondent company. The court held that the horizontal reservation for PAP must be applied correctly and that the petitioner's apprenticeship training with the respondent company and subsequent work on outsourcing basis should be considered. (Paras 2-5) B) Service Law - Selection Process - Eligibility Criteria - The court examined the advertisement and found that the petitioner met the eligibility criteria for the post of Sub Station Assistant, including the requirement of apprenticeship training. The court directed the respondents to reconsider the petitioner's candidature and include his name in the select list if he is otherwise eligible. (Paras 5-6)
Issue of Consideration
Whether the petitioner's exclusion from the select list for the post of Sub Station Assistant on the ground that he was not an apprentice of the respondent company is justified, and whether the horizontal reservation for Project Affected Persons was correctly applied.
Final Decision
The petition is allowed. The respondents are directed to reconsider the petitioner's candidature and include his name in the select list if he is otherwise eligible.
Law Points
- Horizontal reservation
- Project Affected Persons
- OBC reservation
- selection process
- apprenticeship training
- outsourcing basis
- eligibility criteria
