Aurangabad: The state has assured the Aurangabad bench of the Bombay high court that orders of appointment will not be issued to successful candidates in the Maharashtra Public Service Commission (MPSC) examination for class-I and II officers held earlier this year till the court hears a petition on whether a woman candidate from a reserved category can stake a claim for a job through the open category.A special bench of Justice RM Borde and Justice AM Dhavale posted the matter for hearing on July 30, when state’s advocate general Ashutosh Kombhakoni will personally present the state’s stand on the matter.In July last year, MPSC issued an examination notification for filling up 377 posts of deputy collector, deputy superintendent of police, assistant sales tax commissioner, chief officer of municipal corporations etc.The examination was held earlier this year. Before results were declared, Charusheela Chaudhari, who belongs to a reserved category, moved the HC for directions that candidates who are unable make it to the merit list due to competition within their respective categories be allowed to stake claim from the open category.Representing the petitioner, lawyer Siddheshwar Thombre said the high court bench comprising RM Borde and Justice KK Sonawane, citing three judgments delivered by the division bench of Bombay HC, allowed such relief.Following the directives of the HC, MPSC prepared a recommendation list. Because of accommodation granted in the matter raised by Chaudhari, a candidate called Shilpa Kadam and others did not make it to the merit list in the open category for women.This prompted Shilpa Kadam and Seemanjali Ware, both belonging to the open category, to move a fresh petition challenging the legality of letting a reserved candidate migrate to other categories.Contesting on behalf of Kadam and Ware, senior lawyer PR Katneshwarkar, in the writ petition, pleaded that the law in respect of horizontal reservation for women shall be interpreted in the light of law declared by the Supreme Court in Rajesh Kumar Daria Vs Rajasthan Public Service Commission and law declared by Bombay High Court in the case of Rajani Khobragade Vs The State of Maharashtra.This petition reached another bench comprising Justice SV Gangapurwala and Justice SK Kotwal on June 27, 2018.As the matter in the first petition was to be decided, the high court chief justice Vijaya Tahilramani constituted a special bench for hearing both petitions. Accordingly, a bench comprising Justice Borde and Justice Dhavale came to be formed.The lawyers said the special bench would decide whether a woman candidate belonging to backward category who secures more marks than the candidate competing from the woman category open (horizontal reservation of open category woman) can be given appointment from female category open? (female category horizontal reservation)

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