Bombay High Court Grants Relief to BHMS Graduate Denied Exam Opportunity

A recent ruling by the Bombay High Court has provided relief to a Bachelor of Homeopathic Medicine and Surgery (BHMS) graduate who had been denied permission to appear for an exam for the positions of food safety officer and assistant commissioner of food in Maharashtra. The court allowed the graduate to file an application to the Maharashtra Public Service Commission (MPSC) and directed the MPSC to accept the application and issue a hall ticket to the petitioner within 24 hours.

Dr. Nitin Hiralal Shimpi, the petitioner, had challenged an order from the Maharashtra Administrative Tribunal (MAT) that had denied him interim relief to appear for the exam. The MAT had refused the relief on the basis of a perceived delay in filing the application. In a previous order on March 29, the MAT had directed the MPSC to provide an online application site and allowed Bachelor of Ayurveda Medicine and Surgery (BAMS) graduates to apply for the exam, with the outcome of the case pending.

However, this year, the MPSC, through an advertisement on February 24, had limited the eligibility for the exam to only MBBS graduates. BAMS graduates subsequently approached the MAT, which allowed them to apply for the exam subject to the outcome of the ongoing case. In response, the MPSC issued a corrigendum on April 28, extending the application deadline and allowing BAMS candidates to apply.

During the court proceedings, the petitioner's advocates argued that despite the MAT acknowledging in its earlier order that BHMS was a branch of medicine, it had denied interim relief to the BHMS candidate due to an alleged delay in submitting the application form. The government lawyer opposed the plea, citing the petitioner's delay in submitting the form. However, the court disagreed with the government's argument and observed that the petitioner had met the eligibility requirements and that substantial proceedings in the original application were still pending before the MAT.

The court found merit in the petitioner's submission and noted that the rejection of the interim order by the MAT chairperson contradicted the tribunal's earlier order. Consequently, the court allowed the petitioner to file the application within two days and instructed the MPSC to issue the hall ticket promptly.

This ruling from the Bombay High Court has provided relief to the BHMS graduate, allowing them the opportunity to apply for the desired positions. The decision emphasizes the importance of considering the eligibility and rights of candidates in such matters and upholding the principles of fairness and justice.

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