Recently, the Bombay high court has allowed a sister’s name to be substituted in place of her brother on a waitlist for a government job on compassionate grounds.

The division bench of Justices Ramesh Dhanuka and Gauri Godse took note that she was refused only because a government resolution (GR) does not allow it and makes an exception only on the death of a wait-listed candidate.

“We see no valid reason for refusing to substitute the name of the petitioner in place of her brother in the waitlist of respondent (Nashik Municipal Corporation) for appointment on compassionate ground,” said Justices Ramesh Dhanuka and Gauri Godse

They directed the NMC to substitute Shubhangi Kamodkar’s name within four weeks.

Case Brief-

In the said matter, Shubhangi’s father, a senior clerk with NMC, died on April 21, 2014, while in service. In May 2014, her brother Gouresh applied for a job in his place. Shubhangi who graduated in 2018, requested the NMC to substitute her name in place of her brother on June 5, 2021, with her brother’s consent.

However, soon afterwards NMC asked Gouresh to submit documents to confirm his candidature on the waitlist. His sister’s petition said this letter amounted to a rejection of her request and she challenged it.

Counsel for Shubhangi advocate Yashodeep Deshmukh argued that her brother had taken up another job as he had not got an appointment in all the years since their father’s death.

He said Shubhangi needed the job as she was taking care of her old mother. Deshmukh cited a February 2017 order of the Aurangabad bench, in Mohd Zakiyoddin’s case, in respect of a similar 2015 GR that restricted the substitution of the name of a candidate on a waitlist for appointment on compassionate grounds.