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Bombay High Court

MRS. VARSHA SAUDAGAR JAGTAP AND ORSversusSTATE OF MAHA. THR. SEC. LAW AND JUDICIARY AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the petitioners scored below the cut‑off marks and the Supreme Court precedent precludes any relief.

Summary

Mrs. Varsha Saudagar Jagtap and others filed a writ petition before the Bombay High Court challenging a decision of the State of Maharashtra, contending that they were ineligible for the relief sought because they had scored below the cut‑off marks in the merit list. The petitioners relied on a recent Supreme Court order in Pratikraj Rajendrakumar Hamand & Ors. v. Nikita Deepakrao More & Ors., arguing that the same principle should apply to their case. The respondents, representing the State and the Maharashtra Public Service Commission, opposed the petition and cited the merit‑list requirement. The Court examined whether the Supreme Court precedent was applicable and whether the petitioners had any locus standi to claim benefit. Finding that the petitioners indeed fell below the prescribed cut‑off and that the Supreme Court order supported dismissal in such circumstances, the Court dismissed the writ petition. The order was pronounced by Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhd.

Issues considered

  • Whether the petitioners are entitled to relief despite scoring below the cut‑off marks in the merit list
  • Whether the Supreme Court decision in Pratikraj Rajendrakumar Hamand & Ors. v. Nikita Deepakrao More & Ors. is binding on the present petition

Subjects

  • writ petition
  • merit list
  • eligibility
  • Supreme Court precedent
  • dismissal

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
                                                         1                 921-wp-7045-2023.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. 7045 OF 2023

                      Mrs.Varsha Saudagar Jagtap & Ors.                        … Petitioners
                             versus
                      State of Maharashtra & Ors.                              … Respondents
                                                       ……
                      Dr. Uday P. Warunjikar i/b. Mr.Sumit S. Kate for the Petitioners.

                      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 Petitioners submits that, in the

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

                      Pratikraj Rajendrakumar Hamand & Ors. Versus Nikita Deepakrao More


                                                                                     Trupti S. Bamne
                                           2               921-wp-7045-2023.odt

& Ors.1, since these Petitioners have scored below the cut-off marks of

the merit list, none of them stand to gain any benefit and this Petition

may be disposed off.



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




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




1    Civil Appeal No. 011271-011272/2026

                                                                      Trupti S. Bamne


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