Rahul Suresh Bhombe vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 2994 Bom

Bombay High Court

Rahul Suresh Bhombe vs The State Of Maharashtra Through Its ... on 31 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:2602-DB


                                                *1*                    905wp10608o22


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           905 WRIT PETITION NO. 10608 OF 2022
                                RAHUL SURESH BHOMBE
                                       VERSUS
                       THE STATE OF MAHARASHTRA THROUGH ITS
                               SECRETARY AND ANOTHER

                                                ...
                Advocate for the Petitioner : Mr. Sandeep N. Lute
                AGP for Respondent 1/State : Mr. S.K. Tambe
                Advocate for Respondent 2 : Mr. A.B. Kadethankar
                                                ...

                                     CORAM : RAVINDRA V. GHUGE
                                                       &
                                             Y. G. KHOBRAGADE, JJ.

DATE :- 31st January, 2024

Per Court :-

1. The Petitioner has put forth prayer clause [B] as

under:-

"B) By an order of this Hon'ble Court, direct the respondent to select the petitioner for the post of junior engineer (Civil) as per merit list for recruitment of 2021 published by the respondent No.2."

2. The learned Advocate Shri Kadethankar representing

Respondent No.2/ Maharashtra Housing and Area Development

Authority (MHADA) has vehemently opposed this Petition.

3. In a similar group of cases, we have delivered a *2* 905wp10608o22

detailed judgment running into 14 pages on 07.11.2023 in Writ

Petition No.10055 of 2022 (Yogesh Suppadsing Bamhnavat Vs.

The State of Maharashtra and others) and connected Writ

Petitions. This Petitioner is one of those Petitioners, who

appeared for the examination, held as a part of the selection

process by Respondent No.2/MHADA, for filling up of the posts

of Junior Engineer (Civil). It is undisputed that the Petitioner, as

like those Petitioners, is in the merit list. Issuance of

appointment orders for the said posts, has already commenced.

4. The ground raised by Respondent No.2/ (MHADA)

is that, the present Petitioner, along with other examinees,

purportedly indulged in unfair exam practices and the First

Information Report dated 07.12.2022 bearing No.1015/2022 is

registered against them at Police Station Kherwadi, District

Brihan Mumbai City.

5. It is undisputed that the Petitioner had gone to the

washroom, well before entering the examination hall. After the

examination commenced, he did not leave the examination hall

even to drink a drop of water. He did not visit the washroom. He

was in the examination hall in his chair for the entire 120 minutes

duration of the examination. It is undisputed that he has himself *3* 905wp10608o22

answered the questions and there is no allegation of a proxy

candidate.

6. In view of our order dated 07.11.2023, in the case of

Yogesh (supra), the conclusions in paragraph 18 and 20 of the

said order would squarely apply to the case of the present

Petitioner.

7. In view of the above, this Writ Petition is partly

allowed. We direct Respondent No.2 MHADA to consider the

candidature of the present Petitioner in their recruitment process

and based on his rank in the order of merit and the availability of

posts, he may be considered by following the due procedure

applicable to the said recruitment process, in the event there is no

other legal impediment in the path of the Petitioner.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)