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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.)
                                                                     {




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