'Protesting Students Aren't Anti-Nationals, State Should Restore Their Trust' : Bombay High Court On Pune MPSC Protest

"Pune is an education hub of the State and students coming to this city for education are genuinely interested in their studies and they aren't into getting down on streets for their demands, but if they are agitating it means there are some serious grievances, such students cannot be termed as anti-nationals," observed the Bombay High Court on Wednesday (October 7) while asking the Maharashtra Government to take genuine steps to get their trust restored in the system.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna also urged the protesting students to resume their studies, and if they want to continue with the protests, they must seek prior permission for the same and find an alternate place to protest, as the same cannot go on public streets.

The judges noted that the protesting students are concerned with the overall functioning of the MPSC, which has to fill more than 70,000 vacancies; the students also allege that exams are manipulated and papers are leaked, etc.

Maharashtra Advocate General Dr Milind Sathe informed the judges that the students have 4 demands.

"First is for resignation of MPSC chairman. Second, that fee should be Rs 100 (accepted), all exams should be offline (accepted). For the first demand, we have sent a representation to the Governor to make an appropriate decision," Sathe told the judges.

At this, the bench responded that Pune is one of the biggest places for education in India.

"If the students are agitation, that means grievances are serious in nature. Vacancies are huge in number. Students say they find the exams are not in accordance with the procedure... The exams that are conducted, it should be impartial and fair... Especially in Pune, it's only a Center for education and most of the students are genuinely interested in studies. They are not interested in coming to the roads to demand. The State should take a sincere call for restoring the trust," the judges observed.

The AG responded saying that some students leaders met the Chief Minister on September 30. However, the court said that the issue is now in the court and it will take proper care of the situation. The judges therefore urged the protesting students to resume their studies.

"It is before the court now... We will make a request to the students to go back to the classes. We are not going to leave it conveniently. The trust just be restored. Exams must be conducted in a fair manner. So far as Commission is concerned, you (State) know how the chairman can be inducted and removed. We will ensure the response has to be there by the State. We want the backlog vacancies to be cleared first.. Those interested in studies should have a fair chance to appear in the exams... They've come with a clean hand with 70k vacancies... See the plight of the parents, those who've sent their kids to Pune. These children are innocent. We will look into how the State is dealing with this. Just a request to the students to come join the faculties. Or their career will be changed. Entire orientation will be changed. They shouldn't indulge in such things. We shall ensure as a guardian," the bench said, while issuing notice to the State.

The bench has asked the State to respond in 'black and white' as to how they are proposing the recruitment process and has asked them to spell out every minute details about vacancies in each department.

"The recruitment has to be in great pace. Within 3 weeks, you furnish all the information. Otherwise they are only concerned that the exam should be conducted in fair manner," CJ said.

To this, Sathe responded that an affidavit will be filed before the next date of hearing. He apprised the bench of the fact that the police has taken a very restrained approach in dealing with the students. He said if an FIR is lodged, the careers of the protesting students will be affected.

"They are students and not anti nationals...That's how it should be.... The moment one exam is over and they realise there was some hanky panky in the process, students have every right to agitate... You have already indicated that 70,000 posts have been shown as vacant... A detailed enquiry to be carried out. Consider the fact that all the parents in the country are in crisis," the bench remarked.

The bench was hearing a petition highlighting the problems faced by other citizens in Pune due to the ongoing protests, wherein the students have allegedly blocked the main roads etc causing severe difficulties for citizens to move.

"Public inconvenience shouldn't happen. So far your concern is concerned, we'll ensure recruitment drive is taken care of. And the malfunction details will come as to what has been done. We'll examine it all on the next day. Till then, we make a request to all the agitating parties to withdraw the protest and join the faculty. Now the matter is before the court," the bench assured.

At the end of the hearing, the judges requested all parties to maintain peace saying,

"We request all the parties, it's a peace loving society. It's an education hub. No message should go across the country that it's not a fit place for students or the parents will also have their apprehension.... Please join the classes, if you want to agitate, get permission and find a place for that and also ensure that no inconvenience is caused to citizens," the bench observed.

The judges therefore, adjourned the hearing till 3 weeks.