a writ petition seeking to quash a Tribunal order exempting an 'Orphan' candidate from a typing test and rejecting fraud allegations regarding a blank page uploaded during application, held to be without merit.
The Writ Petition is dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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903-WP.8985.2023(J).doc
2024:BHC-AS:17838-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8985 OF 2023
The Secretary, Maharashtra Public Service Commission, Mumbai, having office at Trishul Gold Field, Plot No.34, opposite Sarovar Vihar, Sector 11, CBD Belapur, Navi Mumbai – 400 614. .. Petitioner
Versus
Mr. Shekhar Jagtap a/w. Ms. Sairuchita Chowdhary & Mr. Venkatesh Shinde i/by. J. Shekhar Associates for the Petitioner.
Mr. Sandeep S. Dere a/w. Ms. Aarti Patil Dere & Ms. Sonali Pawar for Respondent No.1.
Mr. N. C. Walimbe, Addl. G. P. a/w. Mr. A. R. Deolekar, AGP for Respondent Nos.2 & 3-State.
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903-WP.8985.2023(J).doc
CORAM : A. S. CHANDURKAR & JITENDRA JAIN, JJ.
DATE : 12th APRIL 2024.
Judgment :- (Per Jitendra Jain, J.)
Brief facts are as under :-
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903-WP.8985.2023(J).doc
June 2022, the Petitioner-MPSC published advertisement for conducting main exam for the said vacant post. Meanwhile, on 7 th July 2022, the Respondent No.2-State issued a Government Resolution for candidates from “Orphan” Category by which such “Orphan” candidates were permitted to clear typewriting examination within a period of two years from the date of appointment they need not have cleared the said typewriting examination at the time of appointment. The Respondent No.1 appeared for the main exam and qualified for the same. The Petitioner-MPSC thereafter issued a Notification stating that qualified candidates will have to give a typing test. Being aggrieved by the said Notification, the Respondent No.1 approached the Tribunal seeking exemption from appearing for the said typing test, in view of Circular dated 7th July 2022. The Tribunal vide its order dated 24th January 2023 allowed the Original Application of Respondent No.1, whereby Respondent No.1 was exempted from appearing from typewriting exam in accordance with the decision of the Tribunal in the case of Arjun Ramkrishnarao Tarke vs. The State of Maharashtra & Anr. The Tribunal further rejected the contention of the Petitioner-MPSC that by uploading a blank paper to show that the Respondent No.1 was holding typing certificate, he has played a fraud, and therefore, on this very ground, the Respondent No.1 be disqualified. It is on this backdrop that the Petitioner-MPSC is before us today.
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903-WP.8985.2023(J).doc
Secretary Maharashtra Public Service Commission, Mumbai vs. Arjun Ramkrishnarao Tarke & ors. (supra) .
1 Writ Petition No.12210 of 2022 dtd. 19th October 2022
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903-WP.8985.2023(J).doc
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903-WP.8985.2023(J).doc
application. The documents specified therein includes orphanage certificate, sport certificate, other reservation certificate, defence certificate, etc. The documents specified in the said clause does not refer to any typing certificate to be uploaded. Therefore, in our view, Respondent No.1 is justified in contending that the submissions made by the Petitioner that Respondent No.1 has uploaded the blank page to suppress his non-possession of typing certificate is incorrect, since there was no requirement of uploading the typing certificate at the first place itself. Furthermore by virtue of Government Resolution dated 7 th July 2022, the Respondent No.1 was exempted from appearing for typing exam and he was granted benefit to clear the typing exam within two years from the date of appointment. Admittedly, there is no dispute that the Respondent No.1 belongs to orphan category, and therefore, as observed by us above he was entitled to the benefit of Government Resolution dated 7th July 2022. Therefore even on this count, the submission made by the Petitioner is to be rejected. The Tribunal has accepted the reason given by Respondent No.1 that the blank page was uploaded so that the computer would accept his application. We do not find any perversity in such acceptance of the reason by the Tribunal moreso, when the page was a blank page and not a page on which anything was certified with respect to typing speed.
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903-WP.8985.2023(J).doc
(JITENDRA JAIN, J.)
Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 18/04/2024 12:54:34
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2 issues framed by the court
Whether the Government Resolution granting exemption from typing certificate to 'Orphan' candidates applies to advertisements issued prior to its date.
Whether uploading a blank page instead of a typing certificate constituted fraud since the advertisement did not mandate uploading a typing certificate.
Colour shows how this judgement treated each authority
The Secretary Maharashtra Public Service Commission, Mumbai vs. Arjun Ramkrishnarao Tarke & ors.Followed¶5
The Secretary Maharashtra Public Service Commission, Mumbai vs. Arjun Ramkrishnarao Tarke & ors.
The Secretary, Maharashtra Public Service Commission
Mayur Chandrakant Bhave
The State of Maharashtra
The Principal Secretary, Women and Child Development Department
A. S. Chandurkar
Jitendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
