Citation : 2024 Latest Caselaw 22147 Bom
Judgement Date : 1 August, 2024
*1* 926a927a1wp8033o24 APP group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 WRIT PETITION NO. 8033 OF 2024
(Board dt.31.07.2024)
ABHINAV ZUMBAR PALVE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS
ADDITIONAL CHIEF SECRETARY AND OTHERS
...
AND
927 CIVIL APPLICATION NO. 7412 OF 2024
IN WP/7228/2024
SAWAN PRAKASH DHANDORE
VERSUS
STATE OF MAHARASHTRA ADDITIONAL CHIEF
SECRETARY AND OTHERS
...
WITH
WRIT PETITION NO. 7228 OF 2024
PANKAJ SUBHASHRAO GAJBHIYE AND ANOTHER
VERSUS
STATE OF MAHARASHTRA THROUGH ADDITIONAL
CHIEF SECRETARY AND OTHERS
...
WITH
CIVIL APPLICATION NO. 7730 OF 2024
*2* 926a927a1wp8033o24 APP group
IN WP/7228/2024
VIJAY RANGNATH DHANWAT AND OTHERS
VERSUS
STATE OF MAHARASHTRA THROUGH ADDITIONAL
CHIEF SECRETARY AND OTHERS
...
AND
1 WRIT PETITION NO. 8083 OF 2024
BANKAT PRABHU SHIVALKAR AND OTHERS
VERSUS
STATE OF MAHARASHTRA THROUGH THE ADDITIONAL
CHIEF SECRETARY AND ANOTHER
...
Shri S.S. Thombre, Advocate, Shri Mahesh S. Deshmukh,
Advocate i/by Shri Y.C. Patil, Advocate and Shri V.D. Salunke,
Advocate for the Petitioners in the respective petitions.
Shri A.B. Girase, Government Pleader a/w Shri S.K. Tambe,
AGP for the Respondents/State.
Shri Mukul Kulkarni, Advocate for the Respondent/ MPSC.
Shri Avinash Deshmukh, Advocate for Respondent Nos.3 to 13 in
WP 7228/24.
Shri Sameer Kurundkar, Advocate for Respondent Nos.14 and 16
in WP 7228/24.
Shri Avinash Khedkar, Advocate for Respondent Nos.20, 24, 25,
33, 53, 55, 61, 65 and 70 in WP 7228/24.
Shri Mayur V. Salunke, Advocate for Respondent No.35 in WP
7228/24.
Shri P.S. Anerao, Advocate for the Applicant/ Intervenor in WP
7228/24.
Shri Sanket Kulkarni, Advocate for Respondent Nos.15 and 17.
...
CORAM : RAVINDRA V. GHUGE
&
Y. G. KHOBRAGADE, JJ.
DATE :- 01st August, 2024 *3* 926a927a1wp8033o24 APP group
Per Court :-
1. We have permitted the learned Advocates to make
their submissions, for a long time. Considering the conspectus of
the matter, it appears that though most of the Petitioners are
aggrieved by the impugned judgment of the learned Tribunal and
the Maharashtra Public Service Commission also contemplates
filing of a Writ Petition in near future for challenging the
judgment of the Tribunal, a final hearing in these matters seems
to be imperative.
2. Issue notice to the Respondents in Writ Petition
No.8033/2024 and Writ Petition No.8083/2024. In Writ Petition
No.8033/2024, notice to Respondent Nos.3 to 17, shall be served
on the said candidates through the MPSC. If these candidates are
not served, final hearing will not commence. The learned AGP
waives service of notice on behalf of Respondent No.1/State in
both these petitions. The learned Advocate Shri Mukul Kulkarni
waives service of notice on behalf of Respondent No.2/MPSC in
both these petitions.
3. List these matters on 14.08.2024. If the hearing is *4* 926a927a1wp8033o24 APP group
not concluded and time permits, it would spill over to
16.08.2024.
4. In the meanwhile, we would expect the learned
Advocate for the MPSC to convey that the MPSC would make
an assessment of the impugned directions of the learned Tribunal
in the nature of re-casting of the list, which shall be kept in a
sealed cover. If we need to see it after opening final arguments in
the matters, we would accordingly, make an observation and call
upon the learned Advocate to handover the sealed cover to the
Court.
5. Status-quo granted earlier to continue.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
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