Bombay high court gave its judgment over the case of Shubhangi VS Nashik Municipal Corporation. It said that a sister's name can be substituted in the place of a brother for a government job waitlist on compassionate grounds. The high court gave a statement against the government resolution which says a sister's name can’t be put to substitute a brother’s name on the government job waitlist unless and until the candidate dies.
Shubhangi’s father was a clerk in Nashik Municipal Corporation, and died in April 2014 before retirement. Thus, his son means Shubhangi’s brother Gouresh applied for that job and was amongst the waiting list candidates from 2014 to 2021. During this period, he got another job and was settled there. Shubhangi completed her graduation in 2018 and applied for substitution of her name with the name of her brother with his consent. But soon after that, NMC sent a confirmation to Gouresh and asked him to submit the documents. This was a clear rejection of her request, which she challenged in HC.
Her lawyer Yashodeep Deshmukh made valid points saying, ‘she needs a job as she is taking care of her mother.” But there was not any GR related to substitution on compassionate grounds. The advocate put reference to the 2017case of Mohd Zakiyoddin, Aurangabad bench. And Justice Ramesh Dhanuka and Justice Gauri Godse gave a decision in her favor and stated, “Such restrictions will make it difficult to appoint candidates for jobs.”
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