Mumbai, Oct 7 The Bombay High Court on Wednesday said the students protesting against alleged malpractices in the MPSC examinations are not anti-social elements, and stressed that the state government was duty-bound to ensure that public recruitment exams are conducted impartially.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna noted that the government has to give an assurance that whenever examinations are conducted, they are "impartial, fair and without any malpractices."
The court was hearing a petition filed by residents of Pune against the ongoing agitations in that city by students and others over alleged malpractices in the Maharashtra Public Service Commission (MPSC) exams and examination-related controversies.
The government has to ensure sincere effort in restoring the trust of people, especially students in such exams, the bench said.
It further said that aggrieved students have a right to agitate.
"If they (students) 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.
Advocate General Milind Sathe, appearing for the state government, said the authorities have been showing reasonable restraint and have not lodged any FIRs against any protesters.
He further said that most of the demands raised by the protesters have been met.
"One of their demands was the resignation of the MPSC Chairman. A recommendation has been sent to the Governor as per the procedure and further action is awaited," Sathe said.
Appreciating the government's move of not lodging any case against the agitators, the court said, "The protesters are students. They are not anti-social elements."
The court, however, also asked the students to go back to their education and studies as the court was now seized of the issue.
"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 HC said.
It requested the students to consider the plight of their families and return to their colleges.
"These children are innocent, but now they are on the roads. Their careers will be spoilt," Chief Justice Tripathi said while also asking them to ensure that no hardship is caused to the peace-loving city and citizens.
The bench directed the government to submit a roadmap and submit a report within three weeks.
It posted the matter for further hearing on November 25.
The petition filed by Pune residents Amit Supekar and Sourabh Virkar, named the state alongside protest organisers Pramod Patil, Nitin Andhale, and Chetan Wagaj as respondents.
While one of the organisers said they would withdraw their agitation, the remaining two told the court that they were willing to relocate their agitation to any place provided to them by the Pune authorities.
