Maharashtra: First-generation tribal grad wins legal battle for govt job

Shridhar Pole at his home in Wai village in Vidarbha

More than four years after the government had advertised for the post of librarians, a tribal candidate who is a first generation graduate, finally got his job appointment letter last week following the intervention of Maharashtra Administrative Tribunal (MAT). Though the MAT had passed the original order six months ago, it was the notice issued by the MAT under contempt proceedings which resulted in the state government's tribal development department to issue the appointment letter.

The issue

The commissioner of the tribal development department, Thane, had issued an advertisement dated December 18, 2018, inviting applications for recruitment to 15 posts of librarians in government ashram schools and other institutions. Shridhar Pole, 30, son of daily wage farm labourers, had applied under the nomadic tribe-C general category. On completion of the written examination, the applicant was called for document verification on July, 20, 2019. In the merit list of 25 selected candidates, Pole's name figured second while the first candidate was Hajare Dnyaneshwar Sukhadev.

According to Pole's lawyer Rajeshwar Panchal, Sukhadev, who had applied in the NT-C General category, did not remain present for document verification. Not being physically present for the document verification amounts to disqualification of the candidate from the process. Thus logically, Pole who was second in the merit list should have been considered for the post of librarian, however, that did not happen, said advocate Panchal.

Pole submitted representation through an email on November 8, 2019 to the tribal development department, Thane and sought to know when the second candidate in the merit list will be called. Failure to get a satisfactory reply resulted in the moving a petition before the MAT, said advocate Panchal.

The other side

K S Gaikwad representing the state government and the tribal development commissioner before the tribunal had contended that the appointment of remaining candidates in the merit lists could not be considered owing to lack of approval from the general administration department.

MAT observation

After hearing both the sides, the tribunal bench of Justice Mridula Bhatkar, chairperson and member Medha Gadgil, in their order, stated that it was clear that the respondents (state government and tribal development department) did not prepare category wise select lists. As per the order, the decision of the respondents to prepare a list of only 15 selected candidates for the 15 posts of librarian was inconsistent with clause 12 of the government resolution dated June 13, 2018.

"Moreover, when the candidate number one in NT-C General category did not turn up for document verification, they should have offered an appointment to the applicant, who was next in the order of merit in the same category. In view of the above, we direct the respondents to give appointment to the applicant to the post of librarian within a period of three months from today," stated the order dated April 13, 2023.

Appointment letter last week

"Last week, as per MAT directives, I was called for verification of my documents at the tribal development department, Thane, and I was given my appointment letter, I will report to work in the next few days," said Pole speaking to mid-day from Washim. He said that he had completed his librarian course, a prerequisite for the job eligibility, after his graduation in 2016. "My parents earn a daily wage of Rs 200 as farm labourers and I being the first graduate in our entire family, this job means a lot to me and my parents. I will now be able to financially support my family," he said with a choked voice.

Advocate speak

Advocate Panchal said Pole hails from a very humble background and was doing a part time job of a ward assistant in a private hospital. "I hope his life will be better with this government job," said Panchal.