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: -
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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.
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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.)
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