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Bombay High Court

BALKRUSHNA KARBHARI KHARATversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The impugned communication refusing the petitioner’s appointment is quashed, and the respondents must issue the appointment order.

Summary

The petitioner, a hard‑of‑hearing individual, applied for the post of Live Stock Supervisor under the PwD‑HH category in a 2023 advertisement and scored 94 marks, exceeding the qualifying mark of 90. Despite his selection, the respondent authority refused to issue a call‑letter, citing an alleged improper selection of option ‘B’ on the application and a disability certificate indicating only 80% temporary disability. The petitioner challenged this refusal, and the court directed a medical board to reassess his disability, which then certified an 80% permanent disability, satisfying the eligibility criteria. The court held that the Government Resolution dated 31‑07‑2025 could not be applied retrospectively to the 2023 recruitment. Consequently, the impugned communication refusing appointment was quashed, and the respondents were ordered to issue the appointment order. The related civil application was also disposed of.

Issues considered

  • What is the effect of the Government Resolution dated 31‑07‑2025 on a recruitment advertisement issued in 2023?
  • Whether the petitioner’s disability, as certified by the Civil Surgeon as 80% temporary, satisfies the eligibility criteria for the PwD‑HH category.
  • Whether the petitioner’s alleged selection of option ‘B’ instead of ‘A’ on the application form justifies denial of appointment.

Subjects

  • appointment
  • disability
  • hard of hearing
  • PwD reservation
  • government resolution
  • medical board
  • writ petition
  • eligibility

Judgment

2026:BHC-AUG:45881-DB


                                                 1                   162-WP-5039-24.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              WRIT PETITION NO. 5039 OF 2024

                                 BALKRUSHNA KARBHARI KHARAT
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                            OTHERS
                                                ...
              Mr. Rajabhau Chaudhari, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
              Mr. Suhas R. Shirsat, Advocate for Respondent Nos.6 And 7
              Mr. Amarsinha S. Kakade, Advocate for Applicant in CA/5042/2025
                                                ...
                                              WITH
                            CIVIL APPLICATION NO. 5042 OF 2025
                                        IN WP/5039/2024

                               RAJENDRA BHANUDAS CHORMALE
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            …

                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.

                                        DATE : 28th SEPTEMBER, 2026

              PER COURT :

              1.           This   petition challenges   the communication        dated

              15/03/2024 issued by respondent No.7, thereby refusing to give

              appointment to the petitioner as a ‘Live Stock Supervisor’ from Hard

              of Hearing (HH) handicapped category.


              2.           Petitioner applied for the post of ‘Live Stock Supervisor’

              from Hard of Hearing handicapped category, pursuant to the

              selection    process   initiated   vide   Advertisement    No.01/2023.

              Qualifying marks were 90 and he scored 94 marks out of 200.


              SVH
                                    2                    162-WP-5039-24.odt


However, call letter for verification of documents was not issued to

the petitioner. He, therefore, made several representations to the

respondents. However, those were not considered in the proper

perspective and the request of the petitioner was rejected on the

ground that he has not filled application form properly. It was also

stated that the petitioner has selected option ‘B’ for Hard of Hearing

handicapped category, instead of option ‘A’. The rejection is

communicated to the petitioner by the impugned communication.


3.              Heard learned advocate for petitioner, learned AGP for

the State, learned advocate for respondent Nos.6 and 7 and learned

advocate for the intervener.


4.              Admittedly, petitioner belongs to Hard of Hearing

handicapped category. Learned advocate for respondent Nos.6 and

7 opposed the petition by placing reliance on the Government

Resolution dated 31/07/2025. The said argument is unacceptable in

view of the fact that the Advertisement was issued in the year 2023.

Hence,        the   said   Government   Resolution   cannot    be    made

retrospectively applicable to the case of petitioner. Another ground

pressed into service by learned advocate for respondent Nos.6 and

7 is that, in the disability certificate issued by the Civil Surgeon it is

mentioned that the petitioner is suffering from 80% temporary

disability.

5.              To assess the correct disability percentage of the


SVH
                                    3                    162-WP-5039-24.odt


petitioner, we directed the Medical Board comprising of Head of

Department of ENT to examine the petitioner and issue disability

certificate. The Medical Board has accordingly examined the

petitioner and submitted disability certificate certifying that the

petitioner is suffering from 80% permanent disability. It is, thus,

clear that the petitioner fulfills eligibility criteria for appointment to

the post of ‘Live Stock Supervisor’ from PwD-HH category.


6.             It is transpired during the course of hearing that

appointment order is not issued to the petitioner though he was

selected, due to the complaint made by the intervener who is a

wait-listed candidate.


7.             In the light of the above, the impugned communication

dated 15/03/2024 issued by respondent No.7 cannot be sustained

and the same is hereby quashed and set aside. The writ petition is

allowed. Respondents are directed to issue appointment order to

the petitioner.


8.             Accordingly the pending civil application also stands

disposed of.



(ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)




SVH


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