HC set aside MAT’s order allowing change of caste category

Lokmat News Network

Chhatrapati Sambhajinagar:

The Aurangabad Bench of the Bombay High Court, comprising Justice R G Avachat and Justice Sandipkumar More, has set aside an order by the Maharashtra Administrative Tribunal (MAT) that permitted a change in caste category in a Police Sub-Inspector (PSI) application.

Pooja Babasaheb Jadhav had approached MAT seeking correction of a caste category error in her application after the PSI recruitment process had concluded. MAT had granted her request, allowing the change. However, the Maharashtra Public Service Commission (MPSC) challenged this decision by filing a petition in the High Court. Manisha Gusinge, who was allegedly denied selection despite being eligible, also filed an intervention application.

What was the original application?

In her original application for the post of PSI, Pooja Jadhav had mistakenly selected the 'OBC' (Other Backward Class) category. However, she belongs to the 'DT-A' (Denotified Tribe – A) category. Upon realising the error, she requested the MPSC to allow her to correct the caste category, but her request was rejected. Jadhav then challenged the MPSC's decision before the MAT, which ruled in her favour and permitted her to change her caste category. As a consequence of this decision, Manisha Gusinge, who was originally shortlisted, was excluded from the selection list.

Appeal in the High Court

The MPSC filed a petition before the Aurangabad Bench challenging the MAT order. The court observed that Jadhav had filed her petition to alter the caste category at the very last moment of the selection process, which could not be entertained. It further noted that due to her error, a deserving candidate who had successfully cleared the entire selection process, Manisha Gusinge, was unfairly denied selection. Taking this into account, the bench allowed both the MPSC's petition and Gusinge’s intervention application, setting aside MAT’s earlier order. Advocate Mukul Kulkarni represented the MPSC, while Adv Anand Deshpande, assisted by Adv Amol Dabhade, appeared for Manisha Gusinge.