Ms. Deepti Rahul Jawale And ORS v. State Of Maharashtra Thr. Chief Secreary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2022.08.20 17:06:58 +0530 WRIT PETITION NO. 6188 OF 2022 WITH INTERIM APPLICATION NO.3236 OF 2022 Ms.Deepti Rahul Jawale and Ors.
..... Petitioners Vs.
State of Maharashtra & Ors.
..... Respondents Mr.Asim Suhas Sarode a/w Mr.Trunal Tonpe i/b Mr. Ajinkya M. Udane for the Petitioners Mr.A.I.Patel, Addl. G.P. for the State
CORAM:
S.V.GANGAPURWALA & MADHAV J. JAMDAR, JJ.
DATED :
AUGUST 19, 2022 P.C.
The learned Counsel for the Petitioners submits that the Petitioners have filled in forms for the post of Child Development Officer and equivalent posts. The prelims are to take place on 21.08.2022 and the main exam is to take place in January, 2023. The learned Counsel for the Petitioners strenuously contends that the syllabus for the examination has been completely changed. Earlier examination was conducted by the Women and Child Development Department. Now the examination is being conducted 1/4
by MPSC. The syllabus that was the basis for the examination earlier has been completely changed. Now the syllabus has been made very vast. It is humanly impossible for the students to cover the said syllabus. The said syllabus was declared only in May, 2022. The syllabus is unconcerned with the posts for which the Petitioners have applied. Old syllabus was proper and was concerning the topics relevant for the posts.
According to the learned counsel, the Respondents be directed to hold the exam as per the old syllabus. Injustice would be caused to the large number of students. Examination has to be held on the topics commensurate to the post.
The learned A.G.P. submits that about 1,92,499 students are to appear for the examination. The said examination is held for seven cadres. The Petitioners have only applied for two cadres. According to the learned counsel, there is not much change in the syllabus commensurate with the posts for which the Applications are invited. According to the learned counsel, the syllabus is fixed by the experts.
We have considered the submissions canvassed by the parties. 2/4
The courts are not experts to judge which syllabus would be proper for a particular examination. The syllabus is fixed by the experts in the particular field. The Apex Court in the case of Maharashtra State Board of Secondary and Higher Secondary Education vs. Paritosh Bhupesh Kumar Sheth etc.1 has observed that it is not within the domain of the courts to interfere with the policy decision taken by the experts, more particularly, in academic matters. The courts cannot substitute its wisdom to the decision taken by the experts in the particular field. Whether a particular syllabus is commensurate or not is best left for the experts to decide. It is further submitted that about 1,92,499 students are to appear for the examination to be held for seven cadres of Group A and Group B. Preliminary exams are to be held after two days.
It will not be possible at this eleventh hour to interfere in the matter. The exam to be held after two days is preliminary exams and for the mains also, almost six months time is available. In the light of the above, we are not inclined to interfere in the matter.
(1984) 4 SCC 27 3/4
Writ Petition as such is disposed of. No costs. In view of disposal of Writ Petition, Interim Application also stands disposed of.
(MADHAV J. JAMDAR,J.) (S.V. GANGAPURWALA, J.) 4/4