Swapnil Pradip Puri and Ors. vs the State of Maharashtra through the Ministry of W. D and Ors. — Bombay HC (2025) — LawSathi Research

Swapnil Pradip Puri and Ors. vs the State of Maharashtra through the Ministry of W. D and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions limited to Prayer Clause 33(a): MPSC to forward the file to the Law and Judiciary Department on or before 31.03.2025; Law and Judiciary Department to forward it to the concerned Ministry within seven days; concerned Ministry to process the file and ensure it reaches the Hon'ble Chief Minister on or before 31.05.2025; Hon'ble Chief Minister to forward it to the Governor of Maharashtra on or before 30.06.2025; the Governor requested to deal with the file and endeavour to issue an appropriate direction on or before 31.07.2025; liberty granted to the Petitioners to pursue the other prayers before the learned Maharashtra Administrative Tribunal; ancillary directions to the Government Pleader/Chief Secretary regarding correct spelling of Freedom Fighters' street names on letterheads and to the Registrar Judicial to forward a copy of the order to the Chief Secretary.

Issue for consideration

Implementation of the Model Specimen Recruitment Rules dated 9th September, 2021, as raised through Prayer Clause 33(a). +1 more

Court's answer

Time-bound directions were issued for processing of the Model Specimen Recruitment Rules file: the MPSC to forward the file, following due procedure laid down in law, to the Law and Judiciary Department on or before 31st March, 2025; the Law and Judiciary Department to forward it to the concerned Ministry within seven days; the concerned Ministry to process the file and ensure it reaches the office of the Hon'ble Chief Minister on or before 31st May, 2025; and the Hon'ble Chief Minister to forward it to the Office of His Excellency, the Governor of Maharashtra, on or before 30th June, 2025.

Ratio / Principle

The Court confined its consideration to Prayer Clause 33(a); insofar as the other prayers are concerned, since they would lie before the learned Maharashtra Administrative Tribunal, liberty was granted to the Petitioners to avail of such remedy as is permissible in law.

Key takeaways

His Excellency, the Governor of Maharashtra, was requested to deal with the said file and endeavour to issue an appropriate direction on or before 31st July, 2025.ratio¶30
Before parting, the Court called upon the learned Government Pleader to inform the Chief Secretary of the State of Maharashtra to instruct all departments to correctly spell, on their letterheads, the streets named after Freedom Fighters appearing in departmental addresses, noting that the name 'Madame Cama' had been typed as 'Madam Kama' on the letterheads of document 'X-2', so as to show required respect to Freedom Fighters.obiter¶35

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 254 of 2025 (Swapnil Pradip Puri & Ors. v. The State of Maharashtra & Ors.), decided 24th February, 2025 by Ravindra V. Ghuge and Ashwin D. Bhobe, JJ.: The Court confined adjudication to Prayer Clause 33(a), concerning implementation of the Model Specimen Recruitment Rules dated 9th September, 2021 (a Government Resolution of the General Administration Department recorded as pending approval of the MPSC, and thereafter requiring passage through the Law and Judiciary Department, the concerned Ministry, the Hon'ble Chief Minister and the Governor). Recording the Petitioners' communication dated 10th January, 2025 (marked 'X-1') granting 30 days for implementation, and the State's communication dated 20th February, 2025 (marked 'X-2'), the petition was disposed of with time-bound directions: MPSC to forward the file to the Law and Judiciary Department by 31st March, 2025; onward transmission to the concerned Ministry within seven days; processing to reach the Hon'ble Chief Minister by 31st May, 2025; forwarding to the Governor by 30th June, 2025; and a request to the Governor to deal with the file and endeavour to issue an appropriate direction by 31st July, 2025. Liberty was granted to the Petitioners to pursue the remaining prayers before the learned Maharashtra Administrative Tribunal. Obiter directions were also issued regarding correct spelling on government letterheads of streets named after Freedom Fighters (observing 'Madame Cama' typed as 'Madam Kama' in 'X-2'), with the Registrar Judicial directed to forward a copy of the order to the Chief Secretary for immediate action.

12-WP-254-2025-(C).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 254 OF 2025

Swapnil Pradip Puri & Ors. ...Petitioners Versus

The State of Maharashtra & Ors. ...Respondents

Ms. Neeta Karnik, Sr. Advocate a/w Mr. Azharuddin Khan i/by Mr. Ajit Kenjale, Advocate for the Petitioners.

Ms. Priyanka Chavan, AGP for the Respondent – State.

Mr. Bapusaheb Sonawane, under Secretary, Water Resources Department.

CORAM : RAVINDRA V. GHUGE

&

ASHWIN D. BHOBE, JJ.

DATE : 24^th FEBRUARY, 2025

P.C. :-

Digitally signed SUNNY by SUNNYANKUSHRAO ANKUSHRAO THOTE THOTE Date: 2025.02.26 10:53:34 +0530

We are only considering Prayer Clause 33(a). Insofar as

the other prayers are concerned, since they would lie before the learned Maharashtra Administrative Tribunal, liberty to the Petitioners to avail of a remedy, as is permissible in law.

The issue in relation to Prayer Clause 33(a) pertains to

the implementation of the Model Specimen Recruitment Rules dated 9^th September, 2021.

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The learned Sr. Advocate representing the Petitioners has tendered a copy of the communication dated 10^th January, 2025, addressed by the Desk Officer, Irrigation Department, Government of Maharashtra to the Executive Engineers of various Boards. At Clause No.3, 30 days time has been given for the implementation of the Model Specimen Recruitment Rules dated 9^th September, 2021. A photostat copy of the said communication (2 Pages) is taken on record and marked as ‘X-1’ for identification.

The learned AGP tenders a photostat copy of the communication dated 20^th February, 2025, addressed by Anil Deokate, Deputy Secretary, Government of Maharashtra to the Government Pleader. The same is marked as ‘X-2’ for identification. On instructions, from an Officer present in the Court, representing the Water Resources Department, the learned AGP submits that the Government Resolution dated 9^th September, 2021, issued by the General Administration Department, which is commonly known as the Model Specimen Recruitment Rules, is pending approval from the MPSC. Thereafter, it would travel to the Law and Judiciary Department, where from it would travel to the office of the concerned Minister. Thereafter, it would reach the office of the

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Hon’ble Chief Minister and then it would finally reach the office of His Excellency, the Governor of Maharashtra, for his assent.

In view of the above, this Writ Petition is disposed off with the following directions :-

(a) The MPSC would forward the file, by following the due procedure laid down in law, to the Law and Judiciary Department, on or before 31^st March, 2025. Thereafter, Law and Judiciary Department would forward it to the concerned Ministry, within seven days. Thereafter, the concerned Ministry would process the said file by following the due procedure, on or before 31^st May, 2025 and ensure that it reaches the office of the Hon’ble Chief Minister of the State of Maharashtra, on or before the said date. Thereafter, we would appreciate if the Hon’ble Chief Minister forwards the said file to the Office of His Excellency, the Governor of Maharashtra, on or before 30^th June, 2025 for his decision.

We request His Excellency, the Governor of Maharashtra to deal with the said file and endeavour to issue an appropriate direction, on or before 31^st July, 2025.

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Before parting with this matter, we call upon the

learned Government Pleader to inform the Chief Secretary of the State of Maharashtra, to instruct all the departments, to ensure that the streets named after Freedom Fighters, which are mentioned in the addresses of the various departments on their letter heads, would be spelt properly showing the required respect to the said Freedom Fighters. We are constrained to say this since we have noticed that the name, ‘ Madame Cama ’, has been typed as ‘Madam Kama’ on the letter heads of the documents ‘X-2’.

The learned Registrar Judicial is also directed to forwarded a copy of this order to the Chief Secretary of the State of Maharashtra, for immediate action.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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