Manisha Uddhav Daund v. The State Of Maharashtra And Another
1 WPST 14336-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION STAMP NO. 14336 OF 2020 Manisha Uddhav Daund .. Petitioner
Versus
The State of Maharashtra and another .. Respondents Mr. S. S. Thombre, Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondents/State.
CORAM :
S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.
DATED : 07th SEPTEMBER, 2020.
PER COURT:- .
Mr. Thombre, the learned counsel for the petitioner submits that pursuant to the advertisement the petitioner applied for the post of Assistant Secretary, Maharashtra State Technical Board. The petitioner is issued with the call letter to remain present for the interview on 08.09.2020 at Mumbai. The learned counsel further submits that the petitioner is pregnant and is in advanced stage of pregnancy. The pregnancy is of almost 39 weeks. The Government of Maharashtra has issued advisory on 31.08.2020 considering the pandemic situation. As per the advisory, persons above 65 years of age, persons with comorbidities, pregnant women and children below the age of ten years are advised to stay at home, except for essential and health purposes.
2 WPST 14336-2020.odt The petitioner is resident of Aurangabad. The petitioner applied to M.P.S.C. for conducting interview by virtual mode. The request is not considered by M.P.S.C. under communication dated 04.09.2020. The learned counsel for the petitioner submits that arrangements can be made from Collector office, Aurangabad for conducting interview. 2.
We requested the learned A.G.P. to take instructions in the matter. The order is passed by the M.P.S.C. rejecting the request of the petitioner for conducting interview via video conferencing. 3.
In normal course, we would not have entertained the petition. 4.
An extraordinary situation exists. The lockdown is ordered by the Central as well as the State Government and restrictions are eased in a phase wise manner. The State of Maharashtra has issued an order on 31.08.2020 further easing the restrictions and phase wise opening of lockdown. The order dated 31.08.2020 permits passenger movement by private bus and other operators, so also permits inter district movement of persons. The said order dated 31.08.2020 has placed restrictions on vulnerable persons under Clause 7 Annexure 2 of the said order. The persons above 65 years of age, persons with comorbidities, pregnant women and children below the age of ten years are advised to stay at home, except for essential and health purposes.
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The petitioner is in advanced stage of pregnancy. It is reported that the pregnancy is now almost 39 weeks. It would not be possible and advisable for such a lady to travel all the way to Mumbai for an interview to be conducted by M.P.S.C.
6.
In view of the above extraordinary circumstance, we are inclined to entertain the petition and allow the interview to be conducted via video conferencing / virtual mode.
7.
The M.P.S.C. shall conduct the interview of the petitioner via video conferencing / virtual mode. It is submitted that the same can be conducted from the Collector office, Aurangabad. The petitioner shall remain present before the Collector office, Aurangabad on the appointed time. The respondent / M.P.S.C. shall conduct the interview of the petitioner as scheduled on 08.09.2020 as per the time mentioned in the call letter or such time as would be convenient to the M.P.S.C. with due intimation to the petitioner. The petitioner shall remain present in the Collector office, Aurangabad from 9.00 a.m. The necessary arrangement be made accordingly. The petitioner as well as the respondents shall cooperate for smooth conduct of the interview. 8.
With the aforesaid observations, the writ petition is disposed of. No costs.
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Parties to act upon authenticate copy of the order. 10.
The learned A.G.P. shall also intimate the present order to the M.P.S.C. and Collector office, Aurangabad.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.