Case Note & Summary
The petitioner, Priyanka Prakash Kulkarni, challenged the judgment of the Maharashtra Administrative Tribunal (MAT) Mumbai dated 7 July 2023 in Original Application No.396 of 2023. The petitioner had applied for recruitment to Gazetted posts of Group A and B officers pursuant to Advertisement No.045/2022 dated 11 May 2022 issued by the Maharashtra Public Service Commission (MPSC). She initially desired to apply under the Open Women Category but did not do so because Clauses 5.10 and 5.14 of the advertisement required a valid Non-Creamy Layer (NCL) certificate as on the cut-off date of 1 June 2022, which she did not possess. Consequently, she applied under the General Open (Unreserved) Category. She cleared the preliminary examination and appeared for the main examination held on 21-23 January 2023. While awaiting results, the Department of Other Backward Bahujan Welfare issued a Corrigendum dated 17 February 2023 amending Clause 2(iii) of the Government Circular dated 25 March 2013, which relaxed the requirement of producing an NCL certificate before the cut-off date. The petitioner then sought to change her category from Unreserved to Open Women, but the MPSC rejected her request. She filed an Original Application before the MAT, which was dismissed. The High Court allowed the writ petition, setting aside the MAT's order and directing the MPSC to permit the petitioner to change her category to Open Women and consider her candidature accordingly. The court held that the corrigendum was prospective and the petitioner was entitled to its benefit.
Headnote
A) Service Law - Recruitment - Change of Category - Non-Creamy Layer Certificate - The petitioner applied under Unreserved Category as she lacked a valid NCL certificate before the cut-off date. A subsequent corrigendum relaxed the requirement. The court held that the petitioner should be permitted to change her category to Open Women, as the corrigendum was prospective and the petitioner was not estopped from claiming the benefit. (Paras 1-5) B) Administrative Law - Corrigendum - Prospective Application - The corrigendum dated 17 February 2023 amending the cut-off date for NCL certificate was held to be prospective in nature, and the petitioner could avail its benefit even though she had applied earlier. (Paras 3-5)
Issue of Consideration
Whether a candidate who applied under the Unreserved Category due to lack of a valid Non-Creamy Layer (NCL) certificate before the cut-off date can be permitted to change her category to Open Women after a subsequent corrigendum relaxed the requirement.
Final Decision
The High Court allowed the writ petition, set aside the MAT order, and directed the MPSC to permit the petitioner to change her category from Unreserved to Open Women and consider her candidature accordingly.
Law Points
- Relaxation of cut-off date for NCL certificate
- Change of category after application deadline
- Prospective application of corrigendum
- Estoppel against public authority
