Bombay High Court

SHREE SAIBABA SANSTHAN TRUST SHIRDI THR ITS ADMINISTRATIVE OFFICERversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY

Disposal: DISPOSED OFF

Holding

The court held that permission may be granted to implement the resolution and make compassionate‑ground appointments in accordance with the increased reservation policy.

Summary

The Shree Saibaba Sansthan Trust filed a civil application seeking the court's permission to implement Resolution No.391 dated 03.07.2024, which was passed by an Adhoc Committee. The resolution proposes to appoint candidates on compassionate ground by exhausting the waiting list for the remaining 10% of vacancies, in line with a recent government policy that increased the reservation for such appointments from 10% to 20%. The State of Maharashtra opposed the application, arguing that the court should not interfere with policy implementation. After hearing counsel for both sides, the bench held that the application was in conformity with the revised reservation policy and the resolution. Consequently, the court allowed the application as per prayer clause (B), permitting the appointments on compassionate ground.

Issues considered

Whether the High Court can grant permission to implement Resolution No.391 and appoint candidates on compassionate ground by using the waiting list for the remaining 10% of vacancies.

Subjects

reservation
compassionate ground appointments
civil application
implementation of resolution
government policy
waiting list
adhoc committee

Judgment

2026:BHC-AUG:44628-DB
28-(v).CA.1054.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1054 OF 2025
IN PIL/98/2021
Shree Saibaba Sansthan Trust Shirdi Thr Its Administrative Officer
VERSUS
The State of Maharashtra Through Its Principal Secretary
…
Mr. Anil S. Bajaj , Advocate for the Applicant.
Mr. K. N. Lokhande, AGP for the Respondent-State.
Mr. Ajinkya Kale h/f. Talekar & Associates, Advocate for the Petitioner in
PIL.
Mr. V. D. Hon, Senior Advocate i/by Mr. Ashvin V. Hon, Advocate for
Respondent No.14 in PIL. …
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 28th SEPTEMBER, 2026
PER COURT :
1. Heard learned Advocate for the applicant and learned Advocate

for the respondent.

2. This civil application is filed seeking permission to implement

Resolution No.391 dated 03.07.2024, pursuant to the Proposal No.5

passed by the Adhoc Committee. Permission is sought to make

appointments of candidates on compassionate ground by exhausting

waiting list for remaining 10% of the vacancies. It is in view of the

Government policy by which now the reservation for appointments on

compassionate ground is increased from 10% to 20%.

3. With this, Civil Application is allowed in terms of prayer clause

(B).

(JITENDRA JAIN, J.) (KISHORE C. SANT, J.)
Sayyed 1/1

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