Bombay High Court
Maharashtra Public Service Commission vs Sharwari Ajay Sangwai And Anr on 10 September, 2025
2025:BHC-AS:37705-DB 13-ASWP-13472-2024+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13472 OF 2024
WITH
INTERIM APPLICATION (ST) NO. 31663 OF 2024
IN
WRIT PETITION NO. 13472 OF 2024
Maharashtra Public Service Commission ...Petitioner
Versus
Sharwari Ajay Sangwai & Anr ...Respondents
SHEPHALI
Mr Ashutosh M Kulkarni, with Aditya Ghadge, for the Petitioner.
SANJAY Mr Sanjay Kshirsagar, (appeared online) for Respondent No. 1.
MORMARE
Digitally signed by
Mr AR Deolekar, AGP, for the Respondent-State.
SHEPHALI
SANJAY
MORMARE Mr Sumit Shankar Kate, with Jenish Dinesh Jain & Yash Jagdale,
Date: 2025.09.10
18:16:54 +0530
for Intervenor.
CORAM: SUMAN SHYAM &
MANJUSHA DESHPANDE, JJ.
DATED: 10TH SEPTEMBER 2025.
PC:-
1. Assailing the Judgment and Order dated 13 th August 2024,
passed by the learned MAT, Mumbai, in Original Application No.
937 of 2024, whereby the Original Application filed by the
respondent No.1 was allowed by declaring that clause 5 of
Government Resolution No. 0405 of 2023 was unconstitutional,
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13-ASWP-13472-2024+.DOC
the MPSC, as the Petitioner, has approached this Court by filing the
present Writ Petition.
2. Mr Kulkarni, learned counsel for the Petitioner, in his usual
fairness, has pointed out that the impugned order dated 13 th
August 2024, had been passed on the basis of the earlier order
dated 10th May 2024, passed by the Aurangabad Bench of the MAT
in similar Original Application No. 932 of 2023, which order has
subsequently been upheld by the co-ordinate Bench of this Court
(Coram: A.S. Chandurkar & M.M. Sathaye, JJ) by the Judgment
and Order dated 2nd May 2025, by affirming the Judgment and
Order dated 10th May 2024, passed by the learned MAT. In view of
the above, submits Mr Kulkarni, the challenge made in the Writ
Petition, would automatically stand answered in terms of the
aforesaid Judgment dated 2nd May 2025, passed by this Court. The
learned counsel for the Respondents has also agreed to such
submission. If that be so, it is apparent that the matter is covered
by the Judgment and Order dated 2 nd May 2025 passed by this
Court.
3. We have noticed that having affirmed the Judgment and
Order dated 10th May 2024, passed by the learned MAT,
Aurangabad Bench, this Court, vide Judgment and Order dated 2 nd
May 2025, has passed the following directions in paragraph 22,
which are reproduced herein-below:
"22. For aforesaid reasons, the following order is
passed:-
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i) The impugned judgments of the Tribunal in
Original Application No.932 of 2023 dated 10/05/2024,
Original Application No.1139 of 2023 dated 12/07/2024
and Original Application Nos.563 of 2024, 564 of 2024
and 937 of 2024 dated 13/08/2024 holding Clause 5 of
the GR dated 04/05/2023 to be unconstitutional is
upheld.
ii) In the facts of the case, the declaration as granted
by the Tribunal shall operate only qua the parties to the
present proceedings with regard to Advertisment Nos.83
of 2021, 107 of 2021 and 12 of 2022. The other
recruitments that commenced from 17/09/2021 and
thereafter which were not the subject matter of
proceedings before the Tribunal shall not be re-opened by
virtue of the judgments of the Tribunal.
iii) As the judgment of the Tribunal in Original
Application No.932 of 2023 dated 10/05/2024 has been
upheld, the order of status quo passed in Writ Petition
No.8735 of 2024 by the Aurangabad Bench on
19/08/2024 stands vacated. The consequences of the
same would follow as regards the applicants in Interim
Application No.15085 of 2024 are concerned.
iv) This judgment shall operate on the expiry of a
period of four weeks from today.
v) Rule in all the writ petitions is disposed of in
aforesaid terms with no order as to costs."
4. There is no wrangle at the Bar that the above directions
would be squarely applicable in the present case as well. We,
therefore, dispose of this Writ Petition by providing that the
observations made in Judgment dated 2 nd May 2025 and the
directions contained in paragraph 22 thereof, shall apply with
equal force in the present case. However, the timeline for
compliance of the order in this case, would commence from the
date of this order, i.e., today.
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5. The Writ Petition stands disposed of accordingly.
6. In view of disposal of the Writ Petition, Interim Application
also stands disposed of.
(MANJUSHA DESHPANDE, J.) (SUMAN SHYAM, J.)
{
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