MPSC protest: Students not anti-social elements, have right to agitate, says Bombay HC

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said the government must make sincere efforts to restore the confidence of students and the public in the examination system.
Bombay High Court.
Bombay High Court.(File Photo | PTI)
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Students protesting alleged malpractices in Maharashtra Public Service Commission (MPSC) examinations are not “anti-social elements” and have a right to agitate over their grievances, the Bombay High Court observed on Wednesday, stressing that the state is duty-bound to ensure recruitment exams are conducted fairly and impartially.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said the government must make sincere efforts to restore the confidence of students and the public in the examination system.

“If they do not have an opportunity and they get the idea that there has been hanky panky, they have the right to agitate. Because they have given hours of study,” the court said.

The bench was hearing a petition filed by Pune residents against the ongoing agitation by students and others in the city over alleged irregularities in MPSC examinations and related controversies.

The court appreciated the state government for not registering FIRs against the protesters. “The protesters are students. They are not anti-social elements,” it said.

Advocate General Milind Sathe, appearing for the state, said the authorities had exercised reasonable restraint and that most of the protesters’ demands had been addressed.

One of their demands was the resignation of the MPSC chairman, he said, adding that a recommendation in this regard had been sent to the Governor and further action was awaited.

Bombay High Court.
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The court urged the protesting students to return to their studies, saying their grievances should now be addressed through the judicial process.

“The court is now seized of the matter and the trust should be restored. Their grievances should be addressed. Free and fair examinations should take place. I will look into how the state is moving. They should trust the court,” the bench said.

Chief Justice Tripathi also appealed to the students to consider their families and return to their colleges.

“These children are innocent, but now they are on the roads. Their careers will be spoilt,” he said, while asking the protesters to ensure that their agitation did not cause hardship to Pune residents.

The bench directed the state government to submit a roadmap and file a report within three weeks. The matter will be heard next on November 25.

The petition, filed by Pune residents Amit Supekar and Sourabh Virkar, named the state government and protest organisers Pramod Patil, Nitin Andhale and Chetan Wagaj as respondents.

One of the organisers told the court that he would withdraw the agitation, while the other two said they were willing to shift the protest to any location designated by the Pune authorities.

(With inputs from PTI)

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