HC imposes ₹50K cost each on 41 ineligible sugar mill MD aspirants
Bombay high court imposed a cost of ?50,000 on each of the 41 petitioners who approached the court seeking directions to the state sugar commissioner to permit them to appear for the exam to fill up the posts of managing director of various sugar mills in the state. The court dismissed the petitions, observing that the petitioners did not have the requisite qualification to appear for the exam conducted on April 5.
MUMBAI: The Bombay high court has imposed an exemplary cost of ₹50,000 each on 41 petitioners who had approached the court seeking directions to the state sugar commissioner to permit them to appear for the exam to fill up the posts of managing director of various sugar mills in the state.
Observing that the petitioners, who did not have the requisite qualification to appear for the exam conducted on April 5, had hoodwinked the court and got interim permission to appear for the same, the HC dismissed the petitions with an exemplary cost.
The division bench of justice K R Shriram and justice R S Patil heard the petitions of various individuals who had challenged their disqualification from appearing for the exam for the empanelment of managing directors in sugar factories by the sugar commissioner.
The petitioners had claimed that as they had been heads of departments and hence, sought a declaration that they were eligible to appear for the exam. In all, 45 candidates had approached the HC with the same prayer. Of them, two had withdrawn their petitions, while the eligibility of the other two were being verified.
The bench was informed by additional government pleader K N Solunke for the state that as per the advertisement issued by the sugar commissioner, none of the candidates had the requisite minimum educational qualification.
{{/usCountry}}The bench was informed by additional government pleader K N Solunke for the state that as per the advertisement issued by the sugar commissioner, none of the candidates had the requisite minimum educational qualification.
{{/usCountry}}On the other hand, the counsel for the petitioners relied upon the clause in the advertisement which stated that if the candidate worked as head of department in sugar factories, any degree from a recognised university was enough. The counsel submitted that considering this, the minimum educational qualification criteria was not relevant in their case.
{{/usCountry}}On the other hand, the counsel for the petitioners relied upon the clause in the advertisement which stated that if the candidate worked as head of department in sugar factories, any degree from a recognised university was enough. The counsel submitted that considering this, the minimum educational qualification criteria was not relevant in their case.
{{/usCountry}}The minimum education qualification in the advertisement required the candidate to be post graduate in agriculture or MCom or BE (Mechanical/chemical/electrical) or MSc (Wine brewing and alcohol technology) or chartered accountant or ICWA or company secretary or MBA (Finance)/MBA(HR).
{{/usCountry}}The minimum education qualification in the advertisement required the candidate to be post graduate in agriculture or MCom or BE (Mechanical/chemical/electrical) or MSc (Wine brewing and alcohol technology) or chartered accountant or ICWA or company secretary or MBA (Finance)/MBA(HR).
{{/usCountry}}Incidentally, as the exam was scheduled for April 5 and the current bench was not available for hearing on April 3, the petitioners had moved an alternate bench and sought permission to appear for the exam as an interim arrangement till the petitions were decided.
After hearing the petitions and perusing the qualifications of the petitioners, the bench noted, “We shudder to think that anyone without having the requisite qualification mentioned in clauses 5.1 to 5.8 and with the kind of present job profile mentioned above could become managing director of a sugar factory running under the Maharashtra Cooperative Societies Act. It will not be in the interest of the sugar factory.”
The bench stated that as per the advertisement, the criteria was education and experience, not either one of them, “We must keep in mind the post applied for is not the same as they are working currently or a step above but is that of managing director, the numero uno in the sugar factory, who will be answerable and responsible to the owners, workmen, farmers and the state government.”
In light of this observation, the court dismissed the petitions and directed that the petitioners pay a cost of ₹50,000 each within four weeks, failing which it will be recovered from their salaries.
