GAURAV BALU DARADE AND ORSversusCHETAN BHALERAO BORASE AND ORS

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
           REVIEW PETITION IN WRIT PETITION NO. 122 OF 2026

Gaurav Balu Darade and Ors                                                          Petitioners

          versus

Chetan Bhalerao Borase and Ors                                                   Respondents

_________________________________________________________________
Mr. Yatin Malvankar, Advocate, for Petitioners.
Mr. Kedar B. Dighe, Advocate, for Respondent No. 3/PCMC.
Mr. Aditya R. Deolekar, AGP, for State.
 _________________________________________________________________

                                 CORAM:            G. S. KULKARNI &
                                                   AARTI SATHE, JJ.

                                 DATE:             1st OCTOBER 2026


P.C.


1.            This Review Petition is filed by Original Respondent No. 4 praying for

the review in order dated 6th August 2026 passed by this Court in the aforesaid

Writ Petition. The Writ Petition was disposed of by this Court in terms of the

following order:

                                                ORDER
               (i) The decision of Selection Committee of Respondent No.3-PCMC dated
               13th January 2025 refusing to grant appointment to the Petitioner is
               upheld;

               (ii) Consequently, as fairly submitted on behalf of the PCMC, the other 13
               appointments who are similarly placed as the Petitioner are not being
               recognized by the PCMC which are also being held to be illegal. Respondent
               No.3-PCMC is at liberty to take appropriate steps in respect of termination
               of services of Respondent Nos.4 to 13 as the law would mandate;

               (iii) The writ petition is dismissed. No costs.




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2.              The case of the Review Petitioner is that the Petitioner was not heard

by this Court when the aforesaid order was passed. It is contended that considering

the observations made by this Court, the services of the Petitioners, who are stated

to be on probation, are likely to be terminated.

3.              We may observe that, in the course of adjudication of the said

proceedings, we had recorded the stand taken on behalf of Respondent

No.3/PCMC in paragraph 23 of the said order, to the effect that, considering that

there are 13 other candidates who have been employed and have certificates from

the institution AIILSG, which did not have any authority to conduct the course,

the services of such 13 candidates who have certificates from an unauthorized

institution would be required to be terminated by stating nothing to them, further

instructions would be issued to take appropriate action in respect of their

employment. The observations as made in Paragraph 23 are required to be noted

which read thus:

          “23. Learned counsel on behalf of Respondent No.3-PCMC has also made a
          statement that considering that the 13 other candidates who have been employed
          and have certificates from AIILSG which is not an approved and recognized
          institute, their services would be terminated and further notices would be issued to
          them to take appropriate action in respect of their employment. Considering the
          above categorical submission by learned counsel on behalf of Respondent No.3-
          PCMC and the facts and law, we are also of the view that considering that even the
          Marathwada Board does not have the requisite approval, the Petitioner would not
          stand a chance to gain employment in Respondent No.3-PCMC, on the strength of
          the certificate obtained from the Marathwada Board, which is not an
          approved/recognized institution by the Competent Authority.”
                                                                           (emphasis supplied)

4.              The apprehension of the Review-Petitioner that his termination is

likely to be made on the ground that the basic qualification of the course of

Sanitary Inspector as obtained by the Review-Petitioner, from an institution which




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was not a recognized/approved institution would cause prejudice to him, hence the

order in question be recalled.



5.          We do not agree with the Review-Petitioner. We find from what has

been recorded in paragraph 23 (supra) of the order under review and the operative

portion, that any action which is to be taken against the candidates who do not

have qualification conferred by an institutions, recognized by law would be taken

by Respondent No. 3 would be in accordance with law. The Review-Petitioner

would insist that, insofar as the certificate obtained by him is concerned,

qualification as obtained by him nonetheless needs to be held have been obtained

from a recognized institution. In our opinion this assertion of the Review-

Petitioner certainly would be taken into consideration before any action is taken.



6.           Mr. Dighe, learned counsel on behalf of the Respondent No.

3/PCMC, submits that all the materials which may be relied upon by the Review-

Petitioner shall be considered before final orders are passed in the case of Review-

Petition.



7.          In this view of the matter, we are not inclined to exercise the review

jurisdiction, as we do not find any error apparent on the face of the record.



8.          The rights of the Petitioners, if any, are certainly recognized which will

be considered by the PCMC in passing any order.



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9.        Review Petition stands dismissed. No costs.



          (AARTI SATHE, J.)                      (G.S.KULKARNI, J.)




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