Bombay High Court

Hitesh S/o. Mahadev GwalaniversusThe State if Nagarasgtra, through its Secretary

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The petition is dismissed because the petitioner did not meet the cut‑off and failed the main examination.

Summary

The petitioner, Hitesh Gwalani, filed a writ petition challenging his non‑selection by the State of Maharashtra, alleging that he was wrongly denied a post after the Maharashtra Public Service Commission (MPSC) examination. The State, represented by the Government Pleader and senior counsel, submitted that the petitioner failed to achieve the required cut‑off percentage and did not pass the main examination, and therefore was ineligible for selection. No advocates appeared on behalf of the petitioner, either in person or via video link. The Court, after noting the submission that the petitioner did not meet the eligibility criteria, dismissed the petition. Consequently, the petition was dismissed for lack of merit.

Issues considered

What is the eligibility of the petitioner for selection under the MPSC examination?
Whether the petitioner’s failure to achieve the cut‑off percentage bars his appointment?

Subjects

writ petition
eligibility
public service commission
selection exam
administrative law

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
                                                          1               921-wp-16784-2023.odt
TRUPTI SADANAND
BAMNE
Date: 2026.08.28
17:03:42 +0530

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 16784 OF 2023

                      Hitesh S/o. Mahadev Gwalani                      … Petitioner
                            versus
                      The State of Maharashtra & Ors.                  … Respondents
                                                         ……
                      None present for the Petitioner.
                      Mrs.Neha S. Bhide, Government Pleader with Mr.B.V.Samant, Addl.GP,
                      Mr.O.A.Chandurkar, Addl.GP and Mrs.Pooja C. Patil, AGP for the
                      Respondent -State.

                      Dr. Milind Sathe, Senior Advocate for the Respondent – Bombay High
                      Court.
                      Mr.Ashutosh M. Kulkarni with Mr.Hrutik R. Chavan for the Respondent
                      – MPSC.

                                                         …...

                                         CORAM : RAVINDRA V. GHUGE, ACJ
                                                     &
                                                 GAUTAM A. ANKHAD, J.


                                          DATE        : 27 AUGUST, 2026

                      P.C.:

                      1.          Dr.Sathe, the learned Senior Advocate appearing for the

                      Bombay High Court submits, on instructions, that the present Petitioner

                      did not score the cut-off percentage and failed in the main examination.

                      As such, he was not selected.

                                                                                      Trupti S. Bamne
                                    2                921-wp-16784-2023.odt



2.          There are three Advocates appearing for the Petitioner.

None are present, either in the Court Hall or through the video

conferencing mode.



3.          In view of the above statement that the Petitioner did not

pass the main examination, this Petition is dismissed.




(GAUTAM A. ANKHAD, J.)                  (ACTING CHIEF JUSTICE)




                                                                Trupti S. Bamne

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