Bombay High Court

KALUSING GAWALYA VASAVE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The petition is partly allowed, directing the competent authority to recalculate marks per the 2018 resolution, issue individual notices, and formalise revised results with appropriate appointments.

Summary

The petitioners challenged the calculation of marks for a recruitment exam, alleging that the marks were not computed in accordance with the Government Resolution dated 01/12/2018. The High Court examined the issue in light of its earlier decisions in Writ Petition No.1596 of 2021 and Writ Petition No.8390 of 2022. It held that the competent authority must recalculate the marks strictly following the experience criteria prescribed in the 2018 resolution and must give individual notices to candidates whose results may change. The court directed that the revised results be formalised for all candidates, allowing those who become newly selected to be absorbed in any vacant posts, while existing appointees may continue. Accordingly, the petition was partly allowed with specific directions to the respondent authorities.

Issues considered

Whether the marks for the recruitment exam must be recalculated in accordance with the Government Resolution dated 01/12/2018
Whether due process requires individual notice to candidates affected by the recalculation
Whether candidates newly selected on the basis of revised marks can be appointed to existing vacancies

Subjects

exam marks recalculation
government resolution
due process
public service recruitment
appointment
selection
writ petition
high court

Judgment

2026:BHC-AUG:45594-DB

1 50-WP-9640-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 9640 OF 2026

KALUSING GAWALYA VASAVE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
ANOTHER
...
Mr. S. R. Sapkal, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
...

CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 28th SEPTEMBER, 2026
PER COURT :

1. Indisputably, the issue raised in this petition is squarely

covered by the decisions rendered by this Court in Writ Petition

No.1596 of 2021 [Vikaram Bawajya Valvi and Others Vs. The State

of Maharashtra and Another] and Writ Petition No.8390 of 2022

[Ganga Dashrath Padvi Vs. The State of Maharashtra and Another].

2. For the reasons stated in the said orders, the writ

petition is partly allowed with following directions:-

(a) It is expected that, the competent authority would take

remedial measures for recalculating the marks only to the

extent of the experience criteria by following the

Government Resolution dated 01/12/2018.

(b) They shall follow the due process of law in doing so, by

issuing individual notices to those candidates who are likely

to be affected by the change in marks by abiding by the

SVH
2 50-WP-9640-26.odt

marking scheme prescribed in the Government Resolution

dated 01/12/2018.

exam results of all the candidates, whether or not selected

earlier, since there is a likelihood that those candidates who

have not been selected, may stand a chance of selection,

on or before 31st December, 2022.

(d) Since the original results were declared on 18/03/2019 and

the appointments were made more than three years ago,

we leave it to the competent department to continue such

appointees. However, if any candidate, as like these

petitioners, stands selected by the revised results, the

competent authority would absorb such candidate(s) on

available vacancies, considering that there was no

recruitment drive after 2018.

(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)

SVH

Continue reading with your account

Checking your session…