State’s move to change category from SEBC to EWS challenged

 

 

 

Nagpur bench of Bombay High Court has issued notice to State Government in a petition challenging extension of benefits of Economically Weaker Section (EWS) category to Maratha community students whose reservation in public employment under Socially and Educationally Backward Class (SEBC) category was scrapped by the apex court. According to petitioners Shubham Mishra and others, when the recruitment process was going on, the Rules which were in force as on date of commencement of the recruitment process would only apply to the recruitment process and they could not be changed mid-way for any reason.

 

In the present case, the recruitment process for filling up the Civil Engineering posts through MPSC was going on and vacancies were reserved for different backward categories including SEBC and EWS. When the recruitment process reached the interview stage, the reservation for SEBC was scrapped by the apex court. The candidates who applied for their appointment as SEBC category candidate were re-categorised as EWS candidates, petitioners claimed while challenging legality of such a move. Such change of category was totally illegal and unconstitutional, it was stated.

 

Candidate, who claims to be belonging to SEBC, cannot by default be added into EWS and category of such candidate would be required to be ascertained from the caste and/or the class to which he originally belongs. A division bench consisting of Justice Sunil Shukre and Justice Anil Kilor, while issuing notice to respondent-State, posted the matter for further hearing after two weeks. Adv Mihir R Puranik appeared for the petitioners. AGP Amit Madiwale represented the State.