The state government is set to review its recent decision barring reserved category candidates who avail relaxation benefits from competing for open category posts, after concerns were raised over its legal validity in the state cabinet.

Chief Minister Devendra Fadnavis on Tuesday directed that the cabinet decision be referred to the Advocate General for legal scrutiny following objections raised by Shiv Sena minister Sanjay Rathod.

The policy, approved by the state cabinet last week, stated reserved category candidates who avail government relaxations in age, educational qualifications, experience or number of attempts in competitive examinations — excluding fee concessions — would be eligible only for reserved category posts and not for open category seats.

Rathod said he sought a review after coming across several Supreme Court rulings that may conflict with the state’s decision.

“The decision was taken in the last cabinet meeting. During the week, I came to know about various Supreme Court orders which are not in favour of such a decision. Therefore, I decided to raise the issue in the meeting,” Rathod said.

He said he highlighted the relevant court rulings before the cabinet and urged the Chief Minister and Deputy Chief Minister Eknath Shinde to reconsider the policy.

“After my presentation, the Chief Minister decided that the decision needs to be reviewed and directed that the cabinet decision be sent to the Advocate General for comments,” Rathod said.

The General Administration Department (GAD) had said the policy was intended to bring clarity and consistency in the implementation of reservation norms and selection of candidates in the open category based on merit.

The issue assumes significance in Maharashtra where the total reservation in education and government jobs has already crossed 70 per cent following the inclusion of Maratha reservation.

The Maharashtra government last Thursday had announced its decision to tighten recruitment rules for Scheduled Caste/Scheduled Tribe/Other Backward Class candidates to competitive exams in the state. As per the policy which it is now reconsidering those candidates who avail relaxations in age, educational qualification, experience or number of attempts, would no longer be eligible to claim selection under the open category. Candidates who clear the competitive exams without availing these relaxations will continue to remain eligible for selection in the open category on merit.

The government’s Cabinet note stated that reservation in government jobs in the state has touched 72 per cent and that this has led to an increase in competitiveness in the open category. The note added that it was not a “level-playing field”, if candidates given relaxations in eligibility criteria also access open category seats.

The state said the decision was based on an opinion in December 2024 by the then Advocate General.

The note said many states across the country have recruitment rules, specifying whether candidates availing relaxations in eligibility can be selected in the open category. However, since Maharashtra did not have such rules, many candidates took the legal route and approached courts challenging recruitment after results were declared. The note said this led to delays in recruitment as judicial orders had to be awaited.

The note referred to a notification dating back to 1998 of the Department of Personnel and Training of the Union government. This states if a “relaxed standard” is applied in selecting SC/ST/OBC candidates, such as age limit, experience qualification and number of chances permitted for written examinations, they are to be counted in reserved vacancies. “Such candidates would be deemed to be unavailable for consideration against unreserved vacancies,” it said. The government cited these in arriving at its decision.

The move was however met with opposition with leaders like Vanchit Bahujan Aghadi president Prakash Ambedkar having stated that he would challenge it before court. Referring to a Supreme Court order Ambedkar had said, “ The apex court has made it clear that merit remains the only consideration for filling up open category positions irrespective of candidates from reservation categories.”