Bombay High Court

BABITA USHA KESHARWANIversusTHE STATE OF MAHARASHTRA THR THE SECRETARY LAW AND JUDICIARY DEPT. OF ANR

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The petition is to be disposed of as the Supreme Court precedent governs the issue.

Summary

The petitioner, Babita Usha Kesharwani, challenged the lower marks she obtained in a competitive examination, alleging that the decision was arbitrary. She relied on a recent Supreme Court judgment dated 19 August 2026 in Pratikraj Rajendrakumar Hamand & Ors. v. Nikita Deepakrao More & Ors., arguing that the same principle should apply to her case. The respondents, the State of Maharashtra and other authorities, contended that the matter was already governed by the Supreme Court precedent. The High Court examined whether the Supreme Court order mandated the disposal of the writ petition without further inquiry. Finding no contrary authority, the Court held that the petition could be disposed of in light of the Supreme Court decision. Consequently, the writ petition was disposed of by the Court.

Issues considered

Whether the writ petition challenging the petitioner’s lower marks should be dismissed on the basis of the Supreme Court’s decision in Pratikraj Rajendrakumar Hamand & Ors. v. Nikita Deepakrao More & Ors.

Subjects

writ petition
marks dispute
Supreme Court precedent
disposal of petition
competitive examination

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
                                                          1                921-wp-6994-2023.odt
TRUPTI SADANAND
BAMNE
Date: 2026.08.28
17:03:42 +0530

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 6994 OF 2023

                       Babita Usha Kesharwani alias
                       Babita Ramkhilavan Kesharwani                           … Petitioner
                            versus
                       The State of Maharashtra & Ors.                         … Respondents
                                                         ……
                      Dr. Uday P. Warunjikar i/b. Mr.Vijendra Mishra for the Petitioner.
                      Mrs.Neha S. Bhide, Government Pleader with Mr.B.V.Samant, Addl.GP,
                      Mr.O.A.Chandurkar, Addl.GP and Mrs.Pooja C. Patil, AGP for the
                      Respondent -State.
                      Mr.Ashutosh M. Kulkarni with Mr.Hrutik R. Chavan for the Respondent
                      – MPSC.

                      Dr.Milind Sathe, Senior Advocate i/b. Mr. Rahul Nerlekar for the
                      Respondent, the Bombay High Court.
                                                    …...

                                         CORAM : RAVINDRA V. GHUGE, ACJ
                                                     &
                                                 GAUTAM A. ANKHAD, J.


                                          DATE     : 27 AUGUST, 2026

                      P.C.:

                      1.          The learned Advocate for the Petitioner points out that the

                      Petitioner has scored substantially lower marks and, therefore, in the

                      light of the order of the Hon’ble Supreme Court dated 19.08.2026

                                                                                      Trupti S. Bamne
                                           2               921-wp-6994-2023.odt

delivered in Pratikraj Rajendrakumar Hamand & Ors. Versus Nikita

Deepakrao More & Ors.,1 this Petition can be disposed off.



2.               In view of the above, this Writ Petition is disposed off.




(GAUTAM A. ANKHAD, J.)                         (ACTING CHIEF JUSTICE)




1    Civil Appeal No. 011271-011272/2026

                                                                      Trupti S. Bamne

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