Bombay High Court
RAVI SHRIRANG JADHAV AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed as lacking merit, with no ground to interfere with the selection process.
Summary
The petitioners challenged the recruitment of Technician III by MAHAGENCO, alleging irregularities, violation of reservation norms, non‑publication of marks, and breach of natural justice. They claimed the advertised 800 posts were filled in a manner that exceeded reservation limits, allocated seats to ineligible categories, and failed to disclose merit scores. The petitioners also argued that the selection board improperly selected two candidates for one seat and that the results were announced beyond the statutory 45‑day period. The Court observed that the petitioners had not sought the marks through a Right to Information application and that the process was still at the document‑verification stage, making it premature to adjudicate reservation compliance. Consequently, the Court found no merit in the petition and dismissed it without any order as to costs.
Issues considered
- Whether the recruitment process violated principles of natural justice, fairness, and constitutional mandates.
- Whether the reservation policy and reserve limits were adhered to in the selection of candidates.
- Whether the failure to publish original marks and scores constitutes a breach of transparency and due process.
- Whether the Court can stay or suspend the ongoing recruitment process at the document‑verification stage.
- Whether the petitioners exhausted alternative remedies, such as filing an RTI application, before approaching the Court.
Legislation cited
Subjects
- recruitment
- reservation
- natural justice
- merit list
- selection process
- writ petition
- public service recruitment
- transparency
Judgment
2026:BHC-AUG:12364-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1188 OF 2026
Ravi Shrirang Jadhav And Others
VERSUS
The State Of Maharashtra And Others
Mr. M. L. Muthal, Advocate for petitioners
Mr. A. B. Girase, GP for respondent-State
CORAM : Smt. Vibha Kankanwadi &
Hiten S. Venegavkar, JJ.
DATE : 18th March, 2026
ORDER (PER : Hiten S. Venegavkar, J.):-
1. Present petition challenges the proceedings relating to the
recruitment process for the post of Technician III conducted by the
Maharashtra State Power Generation Company Ltd. (MAHAGENCO)
pursuant to Advertisement No. 04/2024. The petition also challenges the
results that has been published on 24.10.2025 and the selection
list/merit list based thereon in so far as they are found to be illegal,
arbitrary, and violative of the principles of natural justice, fairness and
constitutional mandates. The petitioners further seeks direction to the
respondent No. 2 to stay, halt or suspend the ongoing recruitment
process for the post of Technician III and further directions to the
respondents to immediately publish the complete merit list containing
original marks and scores of all the candidates who appeared for the
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examination. One more challenge that has been raised in the present
petition pertains to the reservation polices, rules and regulations not
been followed by the respondents while proceeding with the selection
process in pursuance of the advertisement No. 04/2024 and according to
the petitioners, the reservation policies, reserve limits are exceeded.
2. The petitioners states that respondent No. 2 has issued an
advertisement No. 04/2024 inviting applications for the post of
Technician III from the persons belonging to the different categories. The
advertisement was for total 800 posts and as the petitioners were
eligible to participate in the said selection process had submitted their
application forms along with the details of their eligibility criteria. The
online examination was conduced by the institute of Banking personnel
on behalf of respondent No. 2 in the month of May, 2025 i.e., from
08.05.2025 till 10.05.2025 and on 15.05.2025. The results of the
examination was announced on 24.10.2025 and the list of candidates
who were shortlisted were published by the respondents. The shortlisted
candidates were called for document verification and according to the
petitioners, the said process is still ongoing.
3. It is the case of the petitioners that the result published by
the respondent authorities on 24.10.2025. It suffers from several
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irregularities in the recruitment process. After the publication of the
result, the petitioners submitted several representations to the
authorities raising their concerns, grievances and pointing out the
irregularities in the result, but authorities have not taken any of the
representation submitted by the petitioners till date. The petitioners
argues that the regular process that has been adopted by respondent
No. 2 since last seven years while conducting the examinations and
selecting candidates in the selection process, the said process of
publishing separate merit list, select list and then waiting list has not
been followed. Though the advertisement clearly mentions that the
appointments are through direct service recruitment, yet the direct
service recruitment rules have not been followed and they have been
violated by selecting two candidates for one seat in the selection board.
It is the case of the petitioners that even the reservation policy adopted
for the post of woman candidate has been availed by the candidate of
another category and thus, according to the petitioners, is in gross
violation of the rules of reservation. It is further case of the petitioners
that in the impugned advertisement process, there are two groups of the
candidates who have submitted their forms to the Mahanirmit Company
to set up a project, a total 1400 candidates for one to 5 years of training
period and total 400 candidates for 1 to 4 training period and thus, by
giving equal seats for both the groups, the Mahanirmit Advertisement
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No. 04/2024 has in fact, cause injustice to the project affected
candidates. He further submits that during the previous recruitment,
which were conducted by the respondents since 2010 till 2019, the
groups were never formed in the aforesaid manner and therefore, it is
necessary that the respondents be directed to follow the said recruitment
process even during the advertisement No. 04/2024. The post which
were reserved for the retired Indian Army Solders has also been filled by
the candidates who are not belonging from the army background and
even the general candidates have been considered for the said post. The
petitioners further argues that no publication of the merit list contending
the original marks allotted to the candidates violates the principle of
transparency and amounts to arbitrary and biased decision process which
directly effects the entire selection process. Even the advertisement
procedure which was required to be completed within a period of 45 days
from the date of conducting the examination has been unduly non
complied with and the results have been belatedly declared and
published on 24.10.2025 which is beyond 45 days herein.
4. We have heard learned Advocate appearing for the
petitioners and he has reiterated all the grounds that has been prays in
the present petition. We have also perused the documents that has been
placed on record by the petitioners. First and the foremost important fact
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that is required to be noticed is that the petitioners after participating in
the entire selection process and only after noticing their name does not
appear in the select list have chosen to raise their grievance pertaining
to the process followed by the respondents while executing the
advertisement and also in respect of deficiencies pertaining to the select
list as well as maintaining the reservation in the said advertisement.
Secondly, the select list which has been annexed at Exhibit ‘D’ on Page
No. 50 is the list which publishes the names of the candidates for the
purpose of submitting their documents for verification without
mentioning any score or marks they have obtained. Thus, the list only
gives description of those candidates who have been chosen for
submitting the document verification. It is not the case of the petitioners
that apart from submitting a representation, they have made any
statutory attempt of submitting an application under the Right to
Information Act to obtain the details of the marks that they have
obtained in the said examination. In absence of this, it cannot be said
that the petitioners approached this Court with bona fide intention of
raising a grievance, despite the fact that they have sufficient marks to be
qualified, yet were ignored or their names were not shown in the list that
has been published on 24.10.2025 by the respondent authorities. The
another ground that has been raised and canvased by the petitioners
pertaining to the reservation being not followed in respect of the woman
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candidate and the candidates belonging to the ex-serviceman category.
According to us, when the process is only in respect of document
verification which has been now opted by the department, it is too
premature for us to adjudicate that the department will not follow the
reservation criteria that has been mentioned by them in the
advertisement.
5. Thus, the petitioners have not made out any case to interfere
with the selection process that has been adopted by the respondents.
The petition, therefore, lacks any merit and, hence, stands dismissed. No
orders as to costs.
(Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.)
B. S. Joshi
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