Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023

Advertisement No.83 of 2021 was issued on 17.9.2021.  The recruitment was completed on 29.9.2022.

 On 4.5.2023, the Government Resolution was issued to dispense with the Non-creamy Layer certificate for the post reserved for women from open category and backward class category. However, it was made applicable only to the recruitment undertaken vide Advertisement No.83 of 2021 and the advertisements published after 29.9.2022.

 Thus, the women candidates who participated in the recruitment process of Advertisement No.12 of 2022 were denied the benefit of the said GR.  They had sought parity and claimed benefit of the same.

 HELD that the GR in effect has retrospective operation from the date of 1.9.2021 publication of Advertisement No.83 of 2021 and thereafter from 29.9.2022 onwards.   There does not appear any justification whatsoever for excluding the application of this GR to the advertisements issued alongwih or shortly after the Advertisement No.83 of 2021 was published.  This GR had created sub-classes in one classes without any rationale it.

 There is also no nexus of dispensing with furnishing of a Non-creamy Layer Certificate by women candidates of Advertisement No.83 of 2021 while not denying the same latitude to the subsequent advertisements issued upto 22.9.2022.

 Judgment dated 2.5.2025 of the Division Bench of the High Court of Bombay in Writ Petition No.14222 of 2024 of Maharashtra Public Service Commission  Vs.  Dr.Sanghamitra Kumari Phule and others with connected matters