Bombay High Court
ARCHANA DINKAR JADHAVversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directed the Education Officer to process the management’s request and communicate the decision to the petitioners by 07‑09‑2026, thereby disposing of the writ petitions.
Summary
The petitioners, who participated in a 2022 recruitment process conducted through the Pavitra Portal, alleged that despite completing the selection procedure, the management cancelled the process and failed to declare results, invoking a right to legitimate expectation. The management had earlier resolved to cancel the recruitment amid media allegations of irregularities and later sought the Education Officer’s assistance to process appointments on a 1:1 candidate‑to‑vacancy basis. The petitioners sought judicial intervention to compel the declaration of results and appointment. The Court, after noting the admitted facts, directed the Education Officer to act on the management’s communications and convey a decision to the petitioners by 7 September 2026, thereby disposing of the writ petitions. The order was limited to the specific petitioners and expressly stated it should not serve as precedent.
Issues considered
- Whether the petitioners have a legitimate expectation of result declaration and appointment after participating in the recruitment process.
- Whether the management’s cancellation of the recruitment process is lawful and can be challenged by the petitioners.
- Whether the Education Officer is obligated to process the management’s request and communicate a decision to the petitioners.
Subjects
- recruitment
- legitimate expectation
- writ petition
- education officer
- administrative law
- selection process
- cancellation
- public interest
Judgment
2026:BHC-AUG:39723-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10168 OF 2026
Swati Dnyandev Jagtap .. Petitioner
Versus
The State Of Maharashtra
Through Its Principal Secretary And Others .. Respondents
WITH
WRIT PETITION NO. 9003 OF 2026
Santosh Bhausaheb Shelke And Others .. Petitioners
Versus
The State Of Maharashtra
Through Its Principal Secretary And Others .. Respondents
WITH
WRIT PETITION NO. 7597 OF 2026
Pradip Sitaram Gujar And Others .. Petitioners
Versus
The State Of Maharashtra
Through Its Principal Secretary And Others .. Respondents
WITH
WRIT PETITION NO. 9006 OF 2026
Archana Dinkar Jadhav .. Petitioner
Versus
The State Of Maharashtra
Through Its Principal Secretary And Others .. Respondents
2 2-wp 10168-2026.odt
Mr. Rajendra S. Deshmukh, Senior Advocate a/w Mr. Vivekanand
Bade, Advocate i/b Mr. Ketan D. Pote, Advocate for Petitioners.
Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 & 2.
Mr. V. D. Hon, Senior Advocate i/b Mr. Ashwin V. Hon, Advocate
for Respondent No. 3.
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 01st SEPTEMBER, 2026.
PER COURT :-
1. Heard the parties at length.
2. Though much arguments are advanced on the locus standi
of the petitioners, the right vested with the petitioners etc. the
arguments are also advanced on the communication on the part of
the management. In turn, the management submits that it is the
Education Officer who has not taken steps in time in spite of
request by the management.
3. The issue is that for the year 2022 the respondent
management had undertaken the recruitment process through
Pavitra Portal. The requisition was sent to send candidates in a
ratio of 1:10. The names were forwarded to the management in
the said ratio. The management conducted the selection process
i.e. conducted the interviews and submitted the list to the
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Education Officer for further action. However, in the meantime,
certain complaints were made to the management and publicity
was also given through media that there are certain irregularities
that have taken place in the recruitment process. In that view,
looking to the reputation of the management and institution, the
management passed a resolution on 06.08.2025 to cancel the
recruitment process itself. They further resolved to make a request
to the Education Commissionerate, Pune that instead of sending
names in the ratio of 1:10, the names of candidates be send in the
ratio of 1:1 so that nothing needs to be done at the end of
management and such persons can be given appointment
straightway.
4. The grievance of the petitioners is that in the said process
they had participated. However, though the entire process is
completed, even the results are not declared of the outcome of the
selection process and in between the management has cancelled
the process. A ground is taken of legitimate expectation that
having participated in the selection process they have legitimate
expectation that at least result would be made known to them.
Total 1814 candidates were sent, out of only 146 candidates could
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be selected as per their information and as per the inquiry
conducted by the authorities. It is their grievance that still they are
not given the appointment and they are not given the knowledge
as to whether their names appear in the list of selected candidates
or not. It is further seen that the management had also pursuant
to earlier resolution thereafter again made inquiry with the
Education Officer by communications dated 03.10.2025, another
letter dated 03.10.2025, 21.11.2025 and 18.02.2026 for various
vacancies and requested the Education Officer to give
confirmation after verification of the documents.
5. This Court finds that, without going into other aspects, since
all these facts are admitted we direct the Education Officer to
process the request made by the management in the above
communications and communicate decision to them before
07.09.2026 i.e. the date on which the candidates from subsequent
recruitment process are likely to join to avoid inconvenience. With
this workable arrangement this Court finds that the petitions can
be disposed of. Thus, the writ petitions stand disposed of.
6. We expect the Education Officer to take decision on or
before 07.09.2026.
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7. This order is strictly with reference to the present petitioners
who are before this Court pursuant to recruitment process of 2022
without affecting the subsequent processes and if some others
have joined pursuant to subsequent process they shall not be
disturbed. The decision of the Education Officer be communicated
to the petitioners as well.
8. It is made clear that, this order is passed only in the peculiar
facts of this case without touching to other aspects of the matter.
This order shall not be treated as precedent and shall not be cited
as precedent. This order is restricted to these petitioners only and
will not be made applicable to other persons who are not before
this Court.
9. Parties to act upon authenticated copy of this order.
( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. )
P.S.B.
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