Bombay High Court

HEENA QASIM PHOPLUNKARversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The interim application was disposed of as infructuous because the relief sought had already been granted by the MPSC recommendation and the Government order.

Summary

The petitioners, Heena Qasim Phoplunkar and others, filed an interim application in a writ petition challenging a decision of the Maharashtra Public Service Commission (MPSC). The MPSC subsequently issued a recommendation in favour of the petitioners, and the State Government issued an order on 14 August 2026 also favouring them. The petitioners' counsel did not dispute these developments. The court held that, in view of the government order and the MPSC recommendation, the interim application had become moot. Consequently, the court disposed of the interim application as infructuous.

Issues considered

What is the appropriate disposition of an interim application when a subsequent government order renders the relief sought moot?

Subjects

interim application
writ petition
MPSC recommendation
government order
infructuous

Judgment

                                                             8-IA-6237-2026-IN-WP-1746-2026.DOC




                                                                                         Shephali

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 6237 OF 2026
                                                        IN
                                      WRIT PETITION NO. 1746 OF 2026


                      Heena Qasim Phoplunkar                                      ...Applicant
                      IN THE MATTER BETWEEN
                      Heena Qasim Phoplunkar & Ors.                             …Petitioners
                            Versus
                      The State of Maharashtra & Ors.                         …Respondents


                      Mr Siddheshwar N. Biradar, with Rahul Wani, for the Applicant.
                      Mr PP Kakade, for the Respondent No. 2-MPSC.
                      Ms Kavita N. Solunke, Addl. GP, for the Respondent-State.


                                           CORAM:        SUMAN SHYAM &
SHEPHALI
                                                         ADVAIT M. SETHNA, JJ.
SANJAY
MORMARE                                    DATED:        18th AUGUST 2026.
Digitally signed by
SHEPHALI
                      PC:-
SANJAY
MORMARE
Date: 2026.08.19
10:01:22 +0530

                      1.     By referring to the order dated 12 th August 2026, Ms Kavita
                      Solunke, learned Additional Government Pleader submits that not
                      only has the recommendation been made in favour of the
                      Petitioner by the MPSC but the Government has also issued an
                      order in favour of the Petitioner on 14 th August 2026. Therefore,
                      the Interim Application has become infructuous. Mr Biradar,
                      learned counsel for the Petitioner does not dispute the said
                      position.




                                                    Page 1 of 2
                                     8-IA-6237-2026-IN-WP-1746-2026.DOC




2.    In view of the above, the Interim Application is disposed as
as infructuous.



(ADVAIT M. SETHNA, J.)                         (SUMAN SHYAM, J.)
                                                                      {




                            Page 2 of 2

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