
Maharashtra Administrative Tribunal (MAT) has granted relief to around 100 dentists by directing the Maharashtra Public Service Commission (MPSC) to consider them for appointment as dental surgeons in government hospitals across the state.
While these dentists had completed Bachelors in Dental Surgery (BDS), till now, only those who had completed Masters in Dental Surgery (MDS), were eligible for the jobs.
As many as 100 dental surgeons (applicants) across the state had approached MAT seeking to quash and set aside a corrigendum issued by the MPSC on December 2, 2015, holding them ineligible for appointment as dental surgeons. This was after the original advertisement, published by MPSC in the media on July 31, 2015, had stated that both BDS and MDS degree holders were eligible for 189 posts of dental surgeons.
In the order passed on May 8, MAT Chairman A H Joshi and member P N Dixit said, “Justice can be attained by directing MPSC to revise the list of selected candidates and send additional names by including therein such of the names of applicants who, to MPSC on scrutiny stands to eligibility based on minimum qualification (sic).”
Advocate Abhijeet Ashok Desai, while appearing for the applicants, told the tribunal that those holding BDS degree are “en bloc eliminated” and the issue needs to be dealt with.
To this, Joshi said, “It would have been legitimate as well reasonable and fair to have granted weightage to those who are holding the larger/ longer experience and weightage to those who are possessing the degree of MDS However, en bloc elimination of those who are holding BDS, is denying to those who do not possess the degree of MDS equal opportunity of public employment, though eligible and qualified as per Recruitment Rules (sic).”
The tribunal added that if such elimination is done, it would result in “denial of equal, reasonable and fair opportunity”. “…rejection of their candidature en bloc turns out to be violative of constitutional guarantee conferred under Article 14 and 16 of Constitution,” Joshi said.