Created by Fuzzy Cloud

Bombay High Court

RUPESH BHIKAJI BHALEKARversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPLE SECRETARY AND ORS.

Disposal
Disposed Off

Holding

The Court held that its jurisdiction is limited to ordering the production of the answer sheet and it will not examine its correctness, leading to the disposal of the petition.

Summary

The petitioner sought a court order directing the respondents to provide a photocopy of his answer sheet from an online exam for the post of Live Stock Supervisor. The respondents produced the answer sheet along with an affidavit from the Zilla Parishad confirming that IBIS had supplied the sheet to the Parishad. The petitioner then attempted to expand the petition, claiming the sheet provided was not his. The Court held that its writ jurisdiction is confined to the original grievance of obtaining the answer sheet and it will not adjudicate the correctness of the sheet. Consequently, the petition was disposed, with the petitioner advised to pursue any further issues in separate proceedings.

Issues considered

  • Whether the High Court can entertain an expanded claim questioning the authenticity or correctness of the answer sheet after it has been produced.
  • Whether the petition can be broadened beyond the original relief of obtaining the answer sheet.

Subjects

  • writ jurisdiction
  • right to information
  • exam answer sheet
  • petition expansion
  • procedural limitation

Judgment

2026:BHC-KOL:7808-DB

                                                                             16-WP-6302-2024.doc


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

                                    WRIT PETITION NO. 6302 OF 2024


               Rupesh Bhikaji Bhalekar                                      ...Petitioner
                         Versus
               The State Of Maharashtra Through The Principle               ...Respondents
               Secretary And Ors.

                                                ——————
               Mr. Anand Patil a/w Mr. Soham Powar, Mr. Pratik B., for the Petitioner.
               Mr. V. M. Mali AGP for the Respondent-State.
               Ms. Ankita Chindage i/b Mr. Pankaj Devkar, for the Respondent- ZP,
                                                ——————
                                                  Coram :     SHARMILA U. DESHMUKH &
                                                              NEERAJ P. DHOTE, JJ.
                                                  Date      : AUGUST 20, 2026
               P. C. :

               1.        By the present Petition, the relief sought by the Petitioner was

               for a direction to the Respondents to provide a photocopy of the

               Petitioner’s own question and answer sheet. Accordingly, the answer

               sheet of the present Petitioner has been provided.

               2.        The Petitioner now seeks to expand the scope of the Petition by

               claiming that the provided answer sheet is not his answer sheet. The

               relief sought in the Petition was a direction to provide a photocopy of

               the answer sheet, which has now been provided alongwith an affidavit

               from the Chief Executive Officer, Zilla Parishad, Sindhudurg. The



               Arya Chavan                         1 of 2
                                                         16-WP-6302-2024.doc


affidavit states that the online exam for the post of Live Stock

Supervisor was conducted on 17 th October, 2023 through the Institute

of Banking Personnel Selection (“IBPS”), and after conducting the exam,

IBPS provided the model answer key and Petitioner’s answer sheet to

Zilla Parishad, Sindhudurg. Though, Mr. Patil would submit that the

answer sheet must come from IBPS, paragraph four of the affidavit of

Zilla Parishad states that IBPS had provided the model answer key and

Petitioner’s answer sheet to the Zilla Parishad, which is sufficient

answer for Zilla Parishad to produce the answer sheet.

3.      In the exercise of its writ jurisdiction, this Court cannot go into

the question as to whether the provided answer sheet is correct or

incorrect. As the grievance in the Petition was limited to the refusal to

provide the Petitioner’s answer sheet, which has now been provided, it

is open for the Petitioner to raise other issues in independent

proceedings, if permissible in law.

4.      The Petition stands disposed of.




 [NEERAJ P. DHOTE, J.]                     [SHARMILA U. DESHMUKH, J.]




Arya Chavan                       2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.