They are not anti-social elements: HC backs Maharashtra student protests

The Bombay High Court on Wednesday said students protesting against alleged malpractices in the Maharashtra Public Service Commission (MPPSC) examinations were not anti-social elements and underlined that the state government was duty-bound to ensure public recruitment tests were held in a fair and impartial manner.Hearing a petition linked to the ongoing protests in Pune, a bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said the government must assure candidates that whenever examinations are conducted, they are "impartial, fair and without any malpractices". The court also said efforts must be made to restore the trust of people, especially students, in such examinations.The petition was filed by Pune residents against the agitations by students and others over alleged irregularities in the MPSC examinations and related controversies. The bench said aggrieved students had a right to protest."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, told the court the authorities had shown reasonable restraint and had not filed any FIRs against the protesters. He also said most of the demands raised by the protesters had been accepted."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 for not filing cases against the agitators, the court said, "The protesters are students. They are not anti-social elements." At the same time, it asked the students to return to their studies, saying the issue was now before the court."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 High Court said.The bench also urged the students to think of their families and go back 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 was caused to the peace-loving city and its citizens.The court directed the government to place a roadmap on record and submit a report within three weeks. The matter will be heard next on November 25. The petition, filed by Pune residents Amit Supekar and Sourabh Virkar, named the state as well as protest organisers Pramod Patil, Nitin Andhale and Chetan Wagaj as respondents.During the hearing, one of the organisers said the agitation would be withdrawn, while the other two told the court they were ready to shift the protest to any location provided by the Pune authorities.The hearing ended with the court stressing both the need for fair examinations and the need to address students' concerns while restoring confidence in the recruitment process.- Ends