Bombay High Court Examines EWS Candidates' Challenge to State Government Letter Permitting SEBC Candidates in EWS Vacancies. Petition Seeks Certiorari Against Letter Dated 10/02/2021 and Public Notice Dated 11/02/2021 Alleging Arbitrary Mid-Recruitment Reservation Change Under Article 226.

Writ petitions under Article 226 of the Constitution of India challenging the legality of the State Government's decision to permit SEBC category candidates to compete against EWS category vacancies in MSEDCL recruitment.

Quashing of letter dated 10/02/2021 issued by Industries, Energy and Labour Department, Government of Maharashtra and public notice dated 11/02/2021 issued by Maharashtra State Electricity Distribution Company Ltd.; direction that SEBC candidates cannot be considered for EWS vacancies.

EWS candidates alleged that the State Government's decision to allow SEBC candidates who fulfill eligibility for open or EWS category to be considered against EWS vacancies was arbitrary, unconstitutional, self-contradictory, and without authority of law, especially after the Supreme Court's interim stay on SEBC reservation.

Supreme Court interim order directed that appointments to public services and posts under the Government shall be made without implementing the reservation as provided under the MSEBC Act; earlier the Bombay High Court had upheld the constitutional validity of the MSEBC Act, which was under challenge before the Supreme Court.

Whether the State Government's decision dated 10/02/2021 permitting SEBC candidates who fulfill eligibility for open or EWS category to be considered against EWS vacancies is arbitrary, unconstitutional, and without authority of law. Whether introducing SEBC reservation at an advanced stage of the recruitment process is impermissible. Whether EWS category candidates have a separate and distinct reservation category that cannot be encroached upon by SEBC candidates.

EWS category candidates contended that the State Government's action in allowing SEBC category candidates to participate in the selection process meant for EWS category was completely arbitrary and unconstitutional, self-contradictory, violative of Government Resolution dated 23/12/2020, and issued without authority of law. EWS candidates further contended that introducing a reservation for SEBC category at such an advanced stage of the recruitment process was impermissible. SEBC category candidates contended that the directives of the State Government permitting them to participate in the selection process in the vacancies reserved for EWS category was an informed decision which should be taken to its logical conclusion.

the advertisement provide for a separate and distinct reservation for the SEBC. The Supreme Court passed an order that appointments to public services and posts under the Government shall be made without implementing the reservation as provided under the MSEBC Act. The State Government then took a decision that those candidates from SEBC category, who otherwise fulfill the eligibility prescribed for open or EWS category, may be considered against the vacancies meant for open or EWS category. The petitioners belonging to EWS category contend that the action of the State Government... is completely arbitrary and unconstitutional. B. By issuing Writ of Certiorari... to quash and set aside the letter dt. 10/02/2021 at Exhibit-O issued by Industries, Energy and Labour Department, Govt. of Maharashtra as being unconstitutional, illegal, arbitrary, self-contradictory, violative of Government Resolution dt. 23/12/2020 and moreover being issued without any authority of law.

The Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 was enacted. Its constitutional validity was challenged in the Bombay High Court, which upheld the Act. The decision was challenged in the Supreme Court. Pending the Supreme Court challenge, MSEDCL issued advertisement nos. 04/2019, 05/2019, and 06/2019 for various posts, providing for SEBC reservation but subject to the outcome of the Supreme Court decision. MSEDCL published a combined merit list on January 17, 2020. The Supreme Court then passed interim directions that appointments to public services and posts under the Government shall be made without implementing the reservation under the MSEBC Act. Consequently, MSEDCL could not fill SEBC reserved posts. The State Government took a decision permitting SEBC candidates who fulfill eligibility for open or EWS category to be considered against open or EWS vacancies. MSEDCL decided to comply. EWS candidates filed Writ Petition No. 2663 of 2021 on February 24, 2021, seeking certiorari against the State Government letter dated 10/02/2021 and MSEDCL public notice dated 11/02/2021. Multiple connected writ petitions were filed by SEBC and EWS candidates, which were heard together.

• Constitution of India: Article 226
• Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018: