MPSC stir: Bombay HC backs students’ right to protest, seeks vacancy details from Maharashtra

The Bombay High Court on Wednesday backed the right of students protesting alleged irregularities in Maharashtra Public Service Commission (MPSC) examinations to agitate, saying the government must take steps to restore their trust in the recruitment process.

At the same time, the court urged the protesters to return to their studies and directed the Maharashtra government to file an affidavit within three weeks giving a department-wise and reservation-wise break-up of nearly 70,000 vacancies.

“They are students, not anti-nationals,” a bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said.

The court also emphasised that recruitment examinations must be conducted fairly and impartially, and said it would examine how the state was handling the concerns raised by the aspirants.

Court says grievances are serious

The bench was hearing a petition filed by Pune resident Amit Supekar, who sought directions to the authorities to provide a designated space for the protesters and action against simultaneous “illegal” public agitations.

Thousands of job aspirants have been protesting at three locations in Pune despite the denial of police permission. The agitation has focused on alleged irregularities in MPSC recruitment examinations, including the alleged leak of the Drug Inspector examination paper.

The court observed that Pune is an educational hub and that most students there are genuinely interested in their studies.

“They are not interested in coming on the roads to agitate. ...if they are agitating, it means the grievances are serious,” the bench said, adding that students preparing for competitive examinations work hard and have every right to protest if they believe there has been “hanky-panky” in the examination process.

The court said the government must ensure that students regain confidence in the recruitment system and that forthcoming examinations and recruitment processes remain fair.

Students asked to return to classes

While acknowledging the students’ right to protest, the court asked them to withdraw their road-blocking agitation and return to their studies, warning that a prolonged protest could affect their career trajectory.

“We will ensure the recruitment drive is taken care of. All the forthcoming processes should be fair,” the bench said.

The court clarified that students who wished to continue protesting would have to identify an appropriate location so that the public was not inconvenienced. They would also have to obtain permission from the authorities, failing which the authorities could take action.

The court stressed the concerns of parents who send their children to Pune for education and said there should be no impression that the city was an unsuitable place for students.

“See the plight of the parents who have sent their children to study in Pune. These children are innocent. All parents in the country are in crisis,” the bench said.

It added that no message should go out that Pune was not a fit place for students, as this could create apprehension among parents.

State lists protesters’ demands

Advocate General Milind Sathe, appearing for the Maharashtra government, told the court that the students’ demands included the resignation of MPSC chairman Vivek Bhimanwar, reducing examination fees to ₹100 and conducting all examinations offline.

Sathe said the state had accepted one of the demands and that a representation seeking action against the MPSC chairman had been sent to the governor.

The state had already announced several measures in response to the students’ concerns. Following a meeting between Chief Minister Devendra Fadnavis and student representatives on September 30, the government announced the transfer of MPSC secretary Mahendra Harpalkar, an inquiry into the commission’s functioning and plans for a major recruitment drive. The government also committed to continuing MPSC examinations in offline mode and preparing a three-year recruitment plan.

The students had subsequently suspended a proposed October 2 agitation after the government agreed to several of their demands.

Drug Inspector paper leak triggered latest protests

The latest protests intensified after allegations of a leak in the Drug Inspector recruitment examination. The MPSC cancelled the recruitment process for Drug Inspector, Group-B posts in the Food and Drug Administration department in August after an inquiry found that the examination paper had been leaked.

The controversy had already put the recruitment of hundreds of candidates on hold. Earlier, 488 candidates had cleared the provisional list for 154 posts, but the final selection was kept pending while police investigated allegations surrounding the examination.

The protests have since drawn the participation of hundreds of aspirants, teachers, examination mentors and politicians, who have demanded accountability from the commission.

The protesters have also demanded greater transparency in recruitment, action over alleged irregularities in multiple examinations and the resignation of the MPSC chairman.

Court seeks roadmap on vacancies and recruitment

The High Court’s direction for a detailed break-up of nearly 70,000 vacancies comes amid the government’s broader commitment to increase recruitment.

The court said it wanted the state to provide clarity on the vacancies by department and reservation category, while also seeking assurances that recruitment would proceed quickly and fairly.

The court has stressed that its objective is to ensure that examinations remain impartial and recruitment does not get unnecessarily delayed.

The bench also indicated that the authorities have a responsibility to identify those responsible for examination leaks and address the concerns of candidates. The matter has been posted for further hearing on November 25.

Protests continue despite earlier government assurances

The Pune agitation is the latest in a series of student protests over examination and recruitment irregularities.

In July, student protests over examination irregularities forced the then Union education minister Dharmendra Pradhan to resign. Job aspirants and student unions who had been agitating against alleged irregularities in recruitment examinations for nearly a month in another state had announced a suspension of their sit-in after the government conceded to almost all their key demands.

In Pune, protests have continued at three sites despite earlier attempts to resolve the dispute. Police have issued more than 70 notices to protesters, coaching classes and Telegram channels, describing the ongoing agitation as unauthorised and warning of possible action because of public inconvenience.

The demonstrations have been held at locations including SM Joshi Bridge, Alka Talkies Chowk and Lal Bahadur Shastri Road, with residents complaining of traffic disruption and difficulties for emergency services.

The protests have also received political support, with Maharashtra Navnirman Sena chief Raj Thackeray backing the aspirants and calling for accountability and reforms in competitive examinations.

For now, the High Court has sought to balance the students’ right to protest with the need to prevent disruption to public life, while placing the responsibility on the state to address the examination concerns and restore confidence in the recruitment process.