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Bombay High Court

SHRI. SAMPAT MAHADEO JADHAV AND ORSversusTHE GOVT. OF MAHARASHTRA THRU SECRETARY, HOME DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as infructuous because the order of the Maharashtra Administrative Tribunal has already been implemented.

Summary

The petitioners, police officers, challenged a Maharashtra Administrative Tribunal (MAT) order that quashed a circular limiting the validity of a 2013 departmental examination to one year and directed the state to publish a fresh merit list for promotion to Police Sub‑Inspector. They alleged anomalies in the merit list prepared after the examination. The MAT ordered the state to publish a revised list within three months, which was done on 12 September 2023. The petitioners filed a writ petition seeking relief, but no stay was obtained, and the revised list was already published. Both parties submitted that the MAT's order had been implemented, rendering the writ petition moot. The High Court, after considering the submissions, disposed of the writ petition as infructuous, granting the petitioners liberty to seek any further appropriate legal remedy regarding the revised list. Consequently, the petition was dismissed without any order on costs.

Issues considered

  • Whether the writ petition is maintainable after the order of the Maharashtra Administrative Tribunal has been implemented.
  • Whether the High Court should set aside the MAT's order or merely dismiss the petition as infructuous.

Subjects

  • departmental examination
  • merit list
  • writ petition
  • infructuous
  • administrative law
  • promotion
  • Police Sub‑Inspector

Judgment

                                                                         3 WP 2498-24-C.DOC




                                                                                 Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                      WRIT PETITION NO. 2498 OF 2024
                      Sampat Mahadeo Jadhav and ors.                         …Petitioners
                            Versus
                      State of Maharashtra and ors.                        …Respondents


                      Mr. Narendra Bandiwadekar with Mr. A. Kadam i/by Mr. Sandeep
                            Phatak, 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.     Heard the learned counsel appearing for the parties.


                      2.     In Writ Petition No.2498 of 2024, the Original Applicants in

                      Original Application (OA) No.04 of 2018 have challenged the

                      judgment and order dated 22nd February, 2023 passed by learned

                      Maharashtra Administrative Tribunal (MAT) disposing of the OA.

                      The operative part of the order, at paragraph No.16, is reproduced
         Digitally
         signed by
         PRIYA
PRIYA    RAJESH
RAJESH   SOPARKAR
SOPARKAR Date:
         2026.08.19
         12:08:14
                      herein-below for ready reference :-
         +0530




                             “16. The totality of the aforesaid discussion leads
                             us to pass following order: -




                                                    Page 1 of 3
                                                   3 WP 2498-24-C.DOC




             (i) The Condition No.3 in Circular dated
             02.07.2013    that     validity of 2013
             departmental examination is 1 year is
             quashed and set aside.

             (ii) The Respondent No.2 is directed to
             publish fresh list of 2013 departmental
             examination with necessary details like
             marks obtained, seniority position amongst
             other thing within 3 months from today. It
             should be published on official website of
             Respondent No.2.

             (iii) No order as to costs”

3.    It appears from the material on record that the Original

Applicants had approached the learned Tribunal inter-alia alleging

serious anomalies in the merit list prepared pursuant to the

departmental examination conducted by the authorities for giving

promotion to various eligible candidates to the post of Police Sub-

Inspector (PSI).


4.    Mr. Bandiwadekar, learned counsel appearing for the

Petitioner has submitted, in his usual fairness, that since there was

no stay order passed in this Writ Petition, the department has

published the revised merit-list on 12 th September, 2023 as per the

direction of the learned Tribunal. Therefore, the impugned

judgment of the learned MAT has already been implemented.




                              Page 2 of 3
                                                      3 WP 2498-24-C.DOC




5.    Mr. B.V. Samant, learned Addl. GP. appearing for the

Respondent also submits that since the merit-list has been

published, the order of the learned MAT has been implemented

and therefore, the Writ Petition has become infructuous.


6.    After taking note of the submissions of the learned counsel

for both the sides, Writ Petition No.2498 of 2024 is hereby

disposed of, as infructuous, by granting liberty to the Petitioners to

avail appropriate legal remedy, pertaining to the revised merit-list

dated 12th September, 2023, and in any matter incidental thereto,

if any, in accordance with law.


7.    Writ Petition stands disposed of accordingly.




(ADVAIT M. SETHNA, J.)                         (SUMAN SHYAM, J.)
                                                                         {




                              Page 3 of 3


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