Pune man wins court battle for job he rightfully deserved

A shopkeeper buying idli from him

A 41-year-old Pune resident, who accused MSRTC of wrongfully rejecting his application for a job that he rightfully deserved in 2018, has been selling idlis to make a living and still struggling to make ends meet. However, a recent high court judgment has brought cheer to his family.

Gautam Mailagir had applied for the post of junior clerk-cum-typist at Maharashtra State Road Transport Company (MSRTC) after securing the seventh rank in an online exam. However, his job application was rejected because his basic computer certification was from Maharashtra State Board of Vocational Examination (MSBVE) and not from Maharashtra State Certificate in Information Technology (MSCIT).

Gautam Mailagir prepares idli at his home at Manjari Budruk, Pune

Mailagir, who lives at Manjari Budruk in Pune, approached the Bombay High Court for justice. It was then that he learnt that a Government Resolution (GR) issued in 2013 stated that computer certification for recruitment can be accepted from 86 more institutes, including MSBVE.

The Bombay HC on Monday directed the MSRTC to appoint Mailagir and issue his appointment letter within the next 45 days. Mailagir is now confident that his financial difficulties will end soon, and he will be able to send his five-year-old daughter to school.

Advocate Rajeshwar Panchal fought Gautam Mailagir's case in the Bombay HC

Mailagir, who lives at Manjari Budruk in Pune, said, "This job was very important to me to improve my financial condition, which is so weak that my wife Swati, 28, has to work as a security guard on an hourly payment of R60. I make about Rs 80-Rs 150 daily selling idlis. I couldn't send Gargi to school, as we could not afford the school fee of Rs 25,000. My son, Shitanshu, 8, studies in Std III."

Why MSRTC?

An Arts graduate, Mailagir said he previously worked in the back office of a reputable developer, but lost his job. In 2017, he came across an MSRTC ad inviting applications for the post in Aurangabad division. "There were 157 vacancies and 14 seats were reserved for Scheduled Castes. I appeared in an online exam and was among the top 10 scorers, with the seventh rank. I was confident of getting the job, as I was not only from a Scheduled Caste, but also a top ranker."

Gautam Mailagir with his family at their home in Pune

"In April 2018, I even received an email from MSRTC declaring that I was selected for the post. However, during scrutiny of the documents, MSRTC officials verbally informed me that the MSBVE certificate wasn't acceptable, and only those from MSCIT are valid," he said. Mailagir said he appealed to them that his MSBVE certificates were among those approved by the state government, but "I was still disqualified".

"But I decided to not give up, as this job was my only hope for financial stability. I learnt about Advocate Rajeshwar Panchal. I approached him and he filed a plea before the HC in 2018," he added. "A few months ago, I filed an RTI application on my lawyer's advice," Mailagir said.

Advocate Panchal said, "We wanted to know whether MSRTC had its own rules mandating that candidates possess MSCIT certificates, and if it's bound by the state GR. In response, MSRTC supplied a circular issued by its central office directing all original managers to act on terms of the aforesaid GR. However, before supplying this circular under RTI, the MSRTC had made a contrary argument before the court." Mailagir said, "MSRTC officials kept hiding this circular and even issued a statement claiming it wasn't applicable to them."

‘Many denied jobs'

Panchal said, "The circular shows that many other candidates like Gautam had submitted the certificates from institutes equivalent to MSCIT, but were not appointed."
Panchal added, "MSRTC wrongly denied a job to my client despite the fact he had secured the 7th rank. We are very happy to finally get justice from the high court." This case is an example of how the corporations or public authorities, like MSRTC, show lack of empathy towards candidates who work hard for public sector employment."

Court's observation

The division bench of Justice Sadhana Jadhav and Justice Surendra Tavade observed, "Submission of a Certificate showing that the candidates have passed MSCIT is inevitable for the State Government employees. However, it is for the Corporations to adopt the Government Resolution dated 4th February, 2013.."

The other side

Advocate Yashodeep Deshmukh, who represented the MSRTC in court, said, "MSRTC will now issue appointment orders to the petitioner [Gautam Mailagir]. MSRTC has taken the decision to extend recognition to certificates issued by 86 other institutes that will benefit a large number of job applicants."