PAWAN SUBHASH SHINDEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ORS

                                                                                     24-WP-7683-2025.doc


          Digitally signed
          by HARISH
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH    VITHAL
VITHAL    CHAUDHARI                             CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
          2026.08.31
          19:29:12 +0530                         CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 7683 OF 2025

                        Shri. Pawan Subhash Shinde                                  ...Petitioner.
                                   Versus
                        The State of Maharashtra
                        Through, the Secretary,
                        Ministry of Energy And Others                               ...Respondents.


                                                         ——————
                        Mr. Hrishikesh S. Shinde a/w Rahul B. Khot for the Petitioner.
                        Mr. R. P. Kadam ‘B’ Panel Advocate for the Respondent-State.
                        Mr. Tejpal S. Ingale a/w Abhishek Ingale & Vrunali Vilankar for Respondent Nos. 2
                        & 3.
                                                         ——————

                                                           Coram :     Sharmila U. Deshmukh &
                                                                       Neeraj P. Dhote, JJ.

                                                           Date      : August 29, 2026.

                        P. C. :


                        1.        In the present petition, the petitioner has challenged the letter/

                        communication dated 01.04.2025 issued by respondent No. 2, canceling

                        the petitioner's candidature and holding the petitioner ineligible for the

                        post of Assistant Engineer (Transmission) under the Degree quota

                        against Advertisement No. 09 of 2024 from the open category.


                        2.        It is submitted by the learned Advocate for the Petitioner that,


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the petitioner was appointed on 28.11.2017 on the post of Assistant

Technician from the open category. Thereafter, the Petitioner applied

pursuant to the said advertisement for promotion to the post of

Assistant Engineer from the SEBC category. The Petitioner had already

submitted the necessary documents, such as the caste certiicate and

caste validity certiicate. The Clause No. 6.2 in the Employment

Advertisement No. 09 of 2024, which is at page No. 17, do not specify

any particular date for the submission of documents. He submits that

the date 31.07.2024 mentioned in the impugned communication is in

respect of direct recruits and would not be applicable to the Petitioner.

He submits that in view of the above, the impugned communication be

set aside.


3.       It is submitted by the learned Advocate for respondent Nos. 2 and

3 that, they have iled their reply aidavit opposing the contention in

respect of clause No. 6.2. in respect of the cut-of date. He submits that,

the Respondent Nos. 2 and 3 have strictly acted as per clause No. 2.4 of

the advertisement and no fault can be found with the impugned

communication. He submits that, there is no merit in the petition and

the same may be dismissed.


4.       We have heard both sides and perused the papers on record.




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There is no dispute that, the Petitioner applied pursuant to

Advertisement No. 09 of 2024 for the promotional post and not

pursuant to Advertisement No.06 of 2024. The Clause No. 6 of

Advertisement No.09 of 2024 under the heading 'Reservation' provides

that, the candidates claiming the beneit of reservation under backward

class will have to submit their caste certiicate, caste validity certiicate,

and domicile certiicate issued by the competent authority of the

Government of Maharashtra at the time of document veriication. At

the same time, Clause No. 6 of Advertisement No. 06 of 2024 speaks

that the candidates claiming the beneit of reservation under backward

class will have to submit caste certiicate and domicile certiicate issued

by the competent authority of the Government of Maharashtra valid on

the date of eligibility, i.e. 31.07.2024. As the Petitioner had not applied

pursuant to Advertisement No. 06 of 2024, there is no question of

application of Clause No. 6.2 in the advertisement of 06 of 2024. It is

clear from Clause No. 6.2 of Advertisement No. 09 of 2024 that, there is

no cut-of date mentioned. Therefore, reference of a cut-of date in the

impugned communication is uncalled for. The Petitioner has already

submitted the required documents to respondent Nos. 2 and 3.


5.       In view of the above undisputed aspects of the matter, we pass

the following order.



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                                     ORDER

         a)   The impugned communication/letter is quashed and set

              aside. The petitioner's candidature be considered for the

              promotional post of Assistant Engineer (Transmission) as

              per the advertisement pursuant to which he applied in

              accordance with law.

         b)   The petition is disposed of.



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




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