Students have right to agitate if something is hanky-panky: Bombay High Court on agitation over MPSC exam

The State government is duty-bound to ensure that public recruitment examinations are conducted impartially and without malpractices, the Bombay High Court observed on Wednesday while hearing a plea regarding ongoing student agitations in Pune [Amit Supekar & Anr v. State of Maharashtra & Ors.]

A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna made these observations while hearing a write petition filed over the ongoing agitations in Pune regarding the Maharashtra Public Service Commission (MPSC) examinations. 

“The State has to give an assurance that whatever examinations are conducted, is impartial, fair and there should be no malpractices. There should be sincere effort in restoring trust,” the bench said. 

The Court highlighted the responsibility of State authorities to ensure recruitment happens.

“The onus is on the State to ensure recruitment happens and it should be streamlined.”

The bench also said that students have a right to agitate if they are aggrieved. 

“If students are agitated, there are some things that need to be considered. In case they find examinations are not in line, that action should be taken. If they 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 judge highlighted.  

The bench was informed that the police had shown restraint against protestors and not registered any FIRs against them. The Chief Justice appreciated the move.

“They are students, They are not antisocial,” he said.

However, the bench also urged the students to stop the protests and get back to studies since the court is now seized of the issue. 

“The court is not seized of the matter and the trust should be restored. Their grievances should be addressed. Free and fair examination takes place. I will look into how the State is moving. They should trust the court. Most students are genuinely interested in studies. They do not come for these things (protests). I will request all students to go back to your faculty. See the plight of your parents, who have sent you to Pune to study. These children are innocent, but now on roads. Their career will be spoilt,” the judge said. 

The judge also cautioned agitators to ensure that no hardship is caused to the peace-loving city and citizens. 

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. 

The petitioners prayed for judicial directions mandating designated protest zones within Pune city and strict legal action against leaders occupying public spaces without authorization. 

Their plea highlighted severe civic paralysis and worsened traffic congestion preventing residents from attending to daily duties.

Advocate General Milind Sathe submitted that the State has accepted most of the demands made by students, including mega recruitments of post, fee reduction to ₹100 and keeping exams offline.

He pointed out that a recommendation regarding the MPSC chairperson has been sent to the Governor for appropriate action.

The Court then directed the state to submit a roadmap.

"We have issued notice to the State asking what the inquiry is and what are the steps taken. We will ensure effort is made and find who are the culprits.”

It ordered the State to submit its report within 3 weeks. 

The matter will be heard next on November 25.