High Court: Negation of the Caste Certificate will not be a Bar for the Interviewee [Read Order]

On 10^th August 2020 the Bombay High Court in the case Deepali Satyawan Bhadekar and Others v. State of Maharashtra and Others, comprising of Justice Ujjal Bhuyan and Smt. Anuja Prabhudessal, held that negation of the Caste Certificate will not restrict the interview of a deserving candidate.

It is contended that the Applicants had appeared for the Maharashtra Forest Service(Main) Examination, 2019 that is conducted by the Maharashtra Public Service Commission under the reserved category. Applicant No. 1 qualified the examination and was asked to appear for the interview on 13.08.2020, in the Office of the Divisional Commissioner, Pune.

As the Applicant no. 1 had appeared in the examination as a reserved category candidate, she was asked to bring the Caste Certificate along with her for her interview.

The submissions of the Applicant-

It has been argued by the learned counsel of the applicant a Writ Petition No. 2142 of 2019 has been filed against Respondent No. 2 as the caste certificate of the applicant was invalidated by the Respondent. The counsel opined that if the Applicant is restricted from appearing in the interview due to the invalidation of the caste certificate, it will amount to prejudice that will have to affect the future prospects of the applicant.

The Learned  Assistant Government Pleader(AGP) stated that he has not got any instructions in this regard.

ORDER-

The Court after observing the facts of the case directed that the interview of Applicant No. 1 shall be conducted on the scheduled date that is 13.08.2020 or any other date. The output of the interview shall be kept in a sealed cover and may be made subject to the outcome of the writ petition.

In view of the above reasons, the interlocutory application is disposed of and this Order will be digitally signed by the Private Secretary of the Court. All the concerned parties will act according to the order which shall be provided to them either by fax or email.

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