But MAT said, “It is up to the respondent state to take policy decisions in respect of these applicants. We are sympathetic towards the plight of the applicants who are trying to wade through very hard water. We expect that respondent-state consider and take appropriate policy decisions in respect of creation of super numeric posts for the applicants."

“This is a clear case of gross injustice by the state government to its own people. The state has violated the fundamental right under Article 16 of the constitution, which guarantees public (state government) employment to citizens, and therefore, if the state doesn’t take steps to accommodate these applicants by creating  supernumerary post (created for a limited period to accommodate a government employee when no regular post is available), then the applicants should be compensated for losing their opportunity to work in a state government-run establishment,” advocate Rajeshwar Panchal, who appeared for the petitioners said.

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A total of 58 candidates had approached MAT to seek directions that the respondents No.1 (State of Maharashtra) and 2 (The Director of Technical Education) issue orders of appointment as lecturers of English to the applicants, and from the date of the selection they be treated as employees.

The advertisement was issued on July 6, 2013 for 92 posts including lecturers in English across Maharashtra. Out of 58 candidates only 41 maintained their grievances before the tribunal. These applicants were selected. MPSC declared a list of 87 recommended candidates with the applicants included.

Petitioners argument

Advocate Panchal submitted that the stand taken by the government that it does not give any right to the candidates, does not hold, as some candidates were appointed and therefore they have right under Article 14 of the Constitution.

Panchal even pointed out a G.R. dated September 21, 2022 issued by the General Administration Department (GAD) recommending creation of supernumerary posts based on Supernumerary Post Act 2022. He had also submitted that the Rural Development Department of the State of Maharashtra issued a G.R. dated February 10, 2023, creating supernumerary posts in the civil service of Zilla Parishads for those who were recommended and deprived of due to no vacancy. Panchal also said there are a total of 43 Government Polytechnic colleges in Maharashtra with 57 lecturers’ vacancies.

The other side

S P Manchekar, chief presenting officer (CPO) for the respondents, explained that the appointment orders could not be issued as all vacant posts were exhausted while implementing the orders of the High Court and the Tribunals protecting the adhoc lecturers in English. He said that the government decided not to create more posts of English lecturers when the requirement is less. 

MAT order

Justice Mridula Bhatkar, chairperson, and Medha Gadgil, member, MAT, in their recent order stated, “We are sympathetic towards the plight of the applicants who are trying to wade through very hard water. We expect the Respondent-State to consider and take appropriate policy decisions in respect of creation of supernumerary posts for these   applicants. However, we direct that the applicants, as per their merit, be accommodated against the present or future vacancies depending on as and when available in the said subject, unless the applicants are age barred.”

Petitioners speak

Many of the applicants come from low income families, and in some cases, are the first educated member in the family.

Shilpa Sonawane, 36, a resident of Kalyan said, “I was teaching at a private college, when I cleared MPSC in 2014. The college did not allow me to continue teaching, as they were sure that I would quit the job, once I got the appointment letter. Since then neither have I got an appointment letter from the state government, nor a job.”

Govind Waghmare, 40, of Panvel is the first in his family to have done  post graduation in English. “Today, I am working for 1/4th of the salary other MPSC pass outs have been drawing at state government institutions (over R1.20 lakh per month). The government should consider our age at the time of selection (in 2014), so some are not barred from being recruited),” said Waghmare.