Bombay High Court
RAVINDRA BABANRAO KAMTHE AND ORSversusSTATE OF MAHARASHTRA THR ITS SECRETARY HOME DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the petitioners must approach the Maharashtra Administrative Tribunal and dismissed the writ petition.
Summary
The petitioners filed a writ petition in the Bombay High Court challenging a revised merit list dated 12 September 2023 that was issued following a direction of the Maharashtra Administrative Tribunal (MAT). They bypassed the MAT and directly approached the High Court, arguing that the merit list was unlawful. The Court noted that a similar writ petition (No. 2498 of 2024) had already been disposed of and that the matter fell within the jurisdiction of the MAT. Accordingly, the Court directed the petitioners to file an appropriate application before the MAT within four weeks, assuring that limitation would not be a bar. The writ petition was therefore dismissed and closed.
Issues considered
- Whether the Bombay High Court has jurisdiction to entertain a writ petition challenging a merit list issued by the Maharashtra Administrative Tribunal.
- Whether petitioners can directly approach the High Court without first filing an application before the MAT.
- Whether the limitation period bars filing of an application before the MAT after the merit list was revised.
Subjects
- writ petition
- jurisdiction
- administrative tribunal
- merit list
- limitation
- Maharashtra Administrative Tribunal
- High Court
Judgment
3 WP 17539-24-C.DOC
Priya Soparkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 17539 OF 2024
Ravindra Babanrao Kamthe and ors. …Petitioners
Versus
State of Maharashtra and ors. …Respondents
Mr. Sandeep M. Phatak with Mr. A. Kadam, for the Petitioners.
Mr. B. V. Samant, Addl. GP with Mr. S. P. Kamble, AGP, for the
State.
CORAM: SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
DATED: 18th AUGUST 2026.
PC:-
1. It appears that the Petitioners have directly approached this
Court by filing this Writ Petition inter-alia assailing the revised
merit-list dated 12th September, 2023 published in terms of the
direction issued by the learned MAT by the order dated 22 nd
February, 2023 passed in Original Application (OA) No.04 of 2018
instituted by similarly situated candidates. It is not in dispute that
PRIYA
Digitally
signed by
PRIYA
RAJESH
although the matter did lie within the domain of the learned
RAJESH SOPARKAR
SOPARKAR Date:
2026.08.19
17:13:20
+0530
Maharashtra Administrative Tribunal (MAT), Mumbai, yet, instead
of filing any OA, the Petitioners have directly approached this
Page 1 of 2
3 WP 17539-24-C.DOC
Court by filing this Writ Petition primarily on account of the fact
that another Petition being Writ Petition No.2498 of 2024, assailing
the order dated 22nd February, 2023 passed by the learned
Tribunal, raising similar issues, was pending before this Court.
2. The Writ Petition No.2498 of 2024 has been disposed of by
this Court by order dated 18th August, 2026. Further, the prayer(s)
in the present Writ Petition can very well be considered by the
learned MAT. Therefore, this Writ Petition, is being disposed of
with liberty for the Petitioners to approach the learned MAT by
filing appropriate application. If any OA, pertaining to the revised
merit-list dated 12th September, 2026, is filed by the Writ
Petitioner(s) as Applicants within four weeks from the date of
uploading of this order, the issue of limitation shall not come in
their way.
3. Writ Petition stands closed.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
{
Page 2 of 2
Checking your session…