Tribunal directs state govt to clear appointment of two candidates as sub-inspectors under orphan quota

In 2019, the Maharashtra Public Service Commission (MPSC) had issued an advertisement for the post of 505 sub-inspectors. A total of 121 candidates appeared for the examination under the reservation for orphans category. But among those shortlisted after clearing the various tests, only four held the valid orphan certificate. But two of them, despite clearing the physical tests, were denied the posts on the ground that they had not cleared the cut-off in the preliminary
examination.

The two approached MAT through law firm Parinam Law Associates. It was submitted to the MAT that as of today, the two were eligible to the appointment to the post from the orphan category, having cleared the physical test, main test and the interview.

“The decision of MPSC for not recommending the names of these applicants on the ground that they did not reach up to the cut-off marks in preliminary examination cannot be justified. The MPSC has allowed the candidates though provisionally, now M.P.S.C. on account of doctrine of acquiescence cannot debar the applicants,” the MAT tribunal comprising Chairperson Mridula Bhatkar and Member Medha Gadgil said.

It said that the MPSC, while allowing the candidates provisionally, had accepted the suggestion by the government of their appointment, adding that it is “unjust” to now go back and treat them as ineligible when they have cleared three tests.

“They hold valid certificate of orphan. We emphasize that the decisions of the M.P.S.C. should be consistent with the laudable object of the policy of the Women and Child Development Department to uplift orphans and to provide them opportunity in the public service,” the MAT order said.

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Allowing the application of the two candidates, the MPSC was directed to recommend their names to the state government and for the government to issue orders of their appointment this month. The Director General of Police was also directed to send them for training.

The Maharashtra government had granted reservation for orphans in 2018 in government jobs and education. Last year, the government had announced dividing the beneficiaries in three categories, including one for orphaned children whose parents, siblings, close relatives are unknown, others whose relatives exist but are under institutional care and may or may not be aware of their castes, and a third category comprising people who lost their parents before they turned 18, who are staying with their relatives and are aware of their caste. The third category was allowed reservation in education but not jobs.