Bombay High Court

SUNIL BABURAO POWAR AND ORS. 34versusTHE STATE OF MAHARASHTRA THR. SECRETARY RURAL DEVELOPMENT DEPT. AND ORS.

Disposal: Disposed Off

Holding

The Court held that the 20% promotional vacancies shall be filled on the basis of seniority.

Summary

The petitioners challenged the recruitment process for certain vacancies, contending that the 20% of posts reserved for promotion should be filled by seniority. The State argued that 80% of vacancies are to be filled by nomination and 20% by promotion, with an advertisement already issued. The Court examined the submissions and found the petitioners satisfied with the seniority-based filling of the promotional posts. Consequently, the petition was disposed, with the Court clarifying that any future recruitment phase would remain open to the petitioners. No further orders were made beyond the disposal of the petition.

Issues considered

Whether the 20% of vacancies reserved for promotion must be filled on the basis of seniority
Whether the petitioners are entitled to participation in any subsequent phase of recruitment

Subjects

recruitment
promotion
seniority
reservation
writ petition
public service

Judgment

2026:BHC-KOL:8762-DB

905 wp-4113-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4113 OF 2026

Sunil Baburao Powar and Others. ...Petitioners.
Versus
The State of Maharashtra and Others. ...Respondents.

——————
Gurubala Birajdar and Vidyasagar Chavan for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
Mr. Abhijit M. Adagule for the Respondent No. 5 and 6.
——————

Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 10, 2026.
P. C. :

1. Learned Counsel appearing for the Respondent Nos.5 and 6, on

instructions, submits that 80% of the vacancies are required to be filled

in by nomination and 20% are reserved for promotion. He submits that

advertisement was published on 6 th August 2026 and the results are to

be declared today.

2. Considering that 20% vacancies are reserved to be filled in by

promotion, upon a query by this Court, learned Counsel appearing for

the Petitioners, on instructions, submits that the Petitioners are

satisfied if 20% promotional posts are filled in by seniority.

3. In the light of above submissions, the petition stands disposed of.

Patil-SR 1 of 2
905 wp-4113-26.doc

4. It is clarified that in event there is any second phase of

recruitment, it is open for the Petitioners for the said posts.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Patil-SR 2 of 2

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