Bombay High Court
SATYASHIL MOTIRAM KAMBLEversusTHE ADDITIONAL COMMISSIONER TRIBAL DEVELOPMENT DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the petition, refusing all reliefs as the appointments had already been effected, and suggested the petitioner pursue a separate substantive challenge.
Summary
The petitioner filed a writ petition under Article 226 of the Constitution seeking to quash the Final Merit List dated 31‑08‑2019, to compel the respondent to publish a new list, to appoint the petitioner as Warden of Tribal Ashram Schools, and to hand over the appointment letter. The respondents informed the Court that appointment letters had already been issued and the selected candidates had joined, making the reliefs impracticable. The Court held that it could not grant the writs in view of the completed appointments and directed that the petitioner may challenge the appointment in separate substantive proceedings. All contentions were left open for future litigation. Consequently, the petition was disposed of without any costs.
Issues considered
- Whether a writ of certiorari can be issued to quash a final merit list after appointments have been effected.
- Whether a writ of mandamus can be directed to publish a new merit list and appoint the petitioner to a reserved post.
- Whether the Court can order the handover of an appointment letter after the appointment has been made.
- Whether the petition remains maintainable under Article 226 given the subsequent issuance of appointment letters.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- writ jurisdiction
- Article 226
- certiorari
- mandamus
- merit list
- appointment
- tribal development
- reservation
- SC‑General category
Judgment
9-WP-11205-19.DOC
JYOTI
RAJESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANE
Digitally signed
CIVIL APPELLATE JURISDICTION
by JYOTI
RAJESH MANE
Date: 2026.01.19
11:02:06 +0530
WRIT PETITION NO.11205 OF 2019
Satyashil Motiram Kamble ...Petitioner
Versus
The Additional Commissioner
Tribal Development Dept. And
Ors ...Respondents
_______
Mr. Shekhar Jagtap a/w Ms. Sairuchita Chowdhary i/b. J. Shekhar Associates,
for Petitioner.
Ms. D.S.Deshmukhm AGP for Respondent No.1 & 3-State.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 17 JANUARY 2026
P.C.
1. This Petition under Article 226 of the Constitution of India is filed
seeking the following substantive reliefs:
a) This Hon'ble Court may kindly issue writ of certiorari and/ or
any other appropriate writ and/or direction and/or order and
thereby quash and set aside the Final Merit List dated 31.08.2019
b) This Hon'ble Court may kindly issue writ of mandamus and/or
any other appropriate writ and thereby order/ direct the
Respondent No. 1 to publish a new Final Merit List and declare
the Final Selection Status of the Petitioner;
c) This Hon'ble Court may kindly issue writ of mandamus and/or
any other appropriate writ and thereby order/direct the
Respondent No.1 to appoint the Petitioner to the post of Warden
(Male) of the Tribal Ashram Schools and Hostels as it has clearly
been established that the petitioner stood first amongst SC-
General 1 Category and therefore is entitled to the reserved seat
under the SC-General 1 category;
d) This Hon'ble Court may kindly issue writ of mandamus and/or
any other appropriate writ and thereby order/ direct the
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9-WP-11205-19.DOC
Respondent No. 1 to handover the Letter of Appointment to the
petitioner;
2. We are informed by the learned counsel for the Respondent that, as
per the final merit list, in respect of which relief is sought, appointment letters have
already been issued and the selected candidates have already joined. In this
position, it would not be possible for this Court to grant any of the reliefs prayed
for in the Petition. However, it is open to the Petitioner to challenge the
appointment of Respondent No. 2 in independent substantive proceedings .
3. All contentions of the parties in that regard are expressly kept open.
4. The Petition stands disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
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