Maharashtra: No HC relief for applicants who missed the deadline for job exam applications


Written by Omkar Gokhale
| Mumbai |October 5, 2020 12:42:16 am

By advocate Vicky Nagrani, the petitioners sought restricted reduction to allow them to look for exams as they’re held as soon as each 4 years. (File)

In a uncommon Sunday listening to, the Bombay Excessive Courtroom declined reduction to 10 workers of an ammunition manufacturing unit who had missed an software deadline to look in a recruitment examination scheduled on October 5.

A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni carried out the Sunday listening to by video-conference to listen to two petitions filed by 10 individuals, together with Mahesh Bhalke and Abhijit Pawar, who sought pressing reliefs after the Central Administrative Tribunal (CAT) refused them reduction within the matter.

By advocate Vicky Nagrani, the petitioners sought restricted reduction to allow them to look for exams as they’re held as soon as each 4 years.

The petitioners knowledgeable the Court docket that they had been working in an ammunition manufacturing unit and pursuing diploma programs for chargeman in varied institutes affiliated to the All India Council of Technical Training (AICTE). The petitioners submitted that the ultimate exams of the diploma course had been to be held in April or Could this yr, however was postponed because of the Covid-19 pandemic.

The petitioners stated they had been prepared to look within the recruitment examination for the submit of chargeman introduced by the Ordnance Manufacturing unit Board in Could this yr, nevertheless, as the ultimate exams of their diploma course had been pending, they had been declared ineligible. They advised the Court docket that they’d approached the CAT in search of to waive the eligibility standards however the tribunal had declined.

After listening to the submissions, the bench stated, “We’re absolutely sympathetic to your case as you’ve got stated within the petition that the stated job alternative comes solely as soon as in 4 years. Nevertheless, a Supreme Courtroom judgment stares us in our face.”

CJ Datta added that the apex court docket judgment prescribed that if a candidate was ineligible on the final date of software, an employer couldn’t be held liable to permit her or him. The final date for making use of for the recruitment exams was June 15.

The HC stated for the reason that recruitment notification and eligibility standards stipulating {that a} candidate ought to have handed a diploma course was not contested within the plea, it could not intervene and dismissed the pleas.

Thereafter, Justice Kulkarni recalled a listening to held by a division bench of Justices S J Vazifdar and Okay R Shriram on a Sunday in 2013 and stated:

“The bench had gone to the court docket and sat on the dais and carried out listening to for your entire day. I used to be making arguments throughout the bar then.”

Advocate Rui Rodrigues, showing for one of many respondent authorities, stated in 2013 the court docket was listening to on Sunday petitions filed by college students who had sought permission to look in exams that had been to be held on the following day.

Extra Solicitor Basic Anil Singh stated, “After a very long time the Excessive Courtroom is sitting on Sunday.” To this, CJ Datta stated the HC was open 24 hours a day for anybody in search of justice. “We’re there 24 by 7, if the matter requires,” CJ stated.

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