Vinayak Bhagwan Kalambe vs the State of Maharashtra Thr Its Secretary and Ors. — Bombay HC (2025) — LawSathi Research

Vinayak Bhagwan Kalambe vs the State of Maharashtra Thr Its Secretary and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Parity-based interim relief: by modifying the Tribunal's interim order dated 20.12.2024 in O.A. No.1620 of 2024, the Maharashtra Public Service Commission was directed not to publish any 'Select List' or 'Recommendation List' for the post of 'Administrative Officer, General State Services, Group-B' (mirroring the Tribunal's direction of 27.12.2024 in O.A. No.1633 of 2024 and connected matters); all contentions of the parties kept open for consideration by the Tribunal.

Issue for consideration

Whether the petitioner — denied interim relief by the Maharashtra Administrative Tribunal in O.A. No.1620 of 2024 — is entitled, being similarly situated to the applicants in O.A. No.1633 of 2024 and other pending Original Applications, to a similar interim direction restraining the Maharashtra Public Service Commission from publishing the 'Select List' and 'Recommendation List' for the post of 'Administrative Officer, General State Services, Group-B'. +1 more

Court's answer

The petitioner being similarly situated as the applicants in Original Application No.1633 of 2024 and other Original Applications, the interest of justice required a similar interim direction to be issued in favour of the petitioner.

Ratio / Principle

Modifying the Tribunal's order dated 20.12.2024 in O.A. No.1620 of 2024, and adopting the reasons stated in the Tribunal's order dated 27.12.2024 in the connected Original Applications, the Court directed that the Maharashtra Public Service Commission shall not publish any 'Select List' or 'Recommendation List' for the post of 'Administrative Officer, General State Services, Group-B', as directed in the other Original Applications.

Key takeaways

All contentions of the parties were expressly kept open for being considered by the Maharashtra Administrative Tribunal; the writ petition was disposed of with the aforesaid interim directions without deciding the merits.ratio¶21

Detailed headnote1 paragraphs

Interim relief — parity with connected Tribunal matters — Maharashtra Public Service Commission restrained from publishing 'Select List'/'Recommendation List': The petitioner's O.A. No.1620 of 2024 before the Maharashtra Administrative Tribunal (eligibility for appointment as 'Administrative Officer, Group-B, Public Health Department') was refused interim relief by the Tribunal's order dated 20.12.2024. Finding him similarly situated to the applicants in O.A. No.1633 of 2024 (Shri S.S. Karche v. State of Maharashtra) and other pending Original Applications — in which the Tribunal on 27.12.2024 had directed MPSC not to publish any 'Select List' or prepare any 'Recommendation List' till 13.01.2025 for the post of 'Administrative Officer, General State Services, Group-B' under the Directorate of Health Services — the High Court modified the Tribunal's order dated 20.12.2024 and issued an identical direction to MPSC. All contentions were kept open for the Tribunal and the writ petition was disposed of (A.S. Chandurkar & M.M. Sathaye, JJ.; 08.01.2025).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.19379 OF 2024

Vinayak Bhagwan Kalambe .. Petitioner Vs. The State of Maharashtra, Through Department of Public Health and Anr. .. Respondents

Mr. Ritvik Joshi, Advocate for the Petitioner.

Ms. Neha S. Bhide, Government Pleader with Mr. A.I. Patel, Additional Government Pleader and Mrs. A.A. Purav, Assistant Government Pleader for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 8^TH JANUARY 2025.

P.C. :

The challenge raised in this writ petition is to an interim order dated

20^th December 2024 passed by the Maharashtra Administrative Tribunal in Original Application No.1620 of 2024 preferred by the petitioner. In the Original Application, the issue was with regard to eligibility of the petitioner for being entitled to be selected on the post of “Administrative Officer, Group-B (Public Health Department)”. Since the Tribunal refused to grant any interim relief, the petitioner has approached this Court.

It is informed that there are various Original Applications filed before the Maharashtra Administrative Tribunal by the candidates seeking appointment on the post of “Administrative Officer, Group-B” from the

Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXIT DIXIT Date: 2025.01.08 14:42:19 +0530

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Public Health Department. In Original Application No.1633 of 2024 (Shri S.S. Karche Vs. State of Maharashtra & Ors.) with connected matters, the Maharashtra Administrative Tribunal on 27^th December 2024 has issued an interim direction, which reads as under :-

“17. ………………... Hence, ‘MPSC’ is informed not to publish any ‘Select List’ and then prepare ‘Recommendation List’ till the ‘Next Date’ i.e. 13.01.2025 in respect of the ‘Administrative Officer, General State Services, Group-B’ under Directorate of Health Services.”

Since we find that the petitioner is similarly situated as the applicants in Original Application No.1633 of 2024 and other Original Applications, the interest of justice requires a similar interim direction to be issued in favour of the petitioner.

Accordingly, by modifying the order dated 20^th December 2024 passed by the Tribunal in Original Application No.1620 of 2024 and for reasons that have been stated in the order passed by the Tribunal dated 27^th December 2024 referred to above, we direct that the Maharashtra Public Service Commission shall not publish any ‘Select List’ as well as ‘Recommendation List’ with regard to the post of “Administrative Officer, General State Services, Group-B”, as directed in other Original Applications.

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With aforesaid directions, the Writ Petition is disposed of.

It is made clear that all contentions of parties are kept open for being considered by the Tribunal.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]

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