Case Note & Summary
The petitioner, Smita D/o Mahendra Jadhor, filed a writ petition seeking a direction to the Maharashtra State Road Transport Corporation (MSRTC) to consider her claim for appointment on the post of Clerk-Typist (Junior) from the open (female) category. The MSRTC had published Advertisement No. 2/17 for filling various posts in 10 divisions, including Ahmednagar division, where 111 posts were advertised. No posts were reserved for the NT(D) category, to which the petitioner belongs. The petitioner applied and was eligible, but her candidature was not considered from the open category. The Court, while issuing notice, granted interim relief restraining the respondents from issuing appointment orders to candidates with less marks than the petitioner and from filling one post from the open (female) category, relying on the decisions in Anil Pandurang Shep v. State of Maharashtra and Sneha Gajanarao Farkade v. State of Maharashtra. The Court, after hearing the parties, directed the respondents to consider the petitioner's claim for appointment from the open (female) category, as she was entitled to be considered based on her merit. The petition was disposed of with the direction to the respondents to decide the petitioner's claim within a stipulated period.
Headnote
A) Service Law - Appointment - Reservation - Open Category - The petitioner, belonging to NT(D) category, applied for the post of Clerk-Typist (Junior) advertised by MSRTC. Since no posts were reserved for NT(D) category, the petitioner sought consideration from the open (female) category. The Court held that the petitioner is entitled to be considered from the open category based on her merit, and directed the respondents to consider her claim for appointment. (Paras 1-5) B) Service Law - Interim Relief - Restraint on Appointment - The Court granted interim relief restraining the respondents from issuing appointment orders to candidates with less marks than the petitioner and from filling one post from the open (female) category, pending disposal of the petition. (Paras 3-4)
Issue of Consideration
Whether the petitioner, who belongs to NT(D) category, is entitled to be considered for appointment as Clerk-Typist (Junior) from the open (female) category when no posts were reserved for NT(D) category in the advertisement.
Final Decision
The Court directed the respondents to consider the petitioner's claim for appointment on the post of Clerk-Typist (Junior) from the open (female) category. The petition was disposed of with the direction to decide the claim within a stipulated period.
Law Points
- Appointment from open category when no reservation for specific category
- Consideration of candidature based on merit
- Interim relief in service matters
- Direction to consider claim for appointment
