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2025 Supreme(Bom) 485
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE, JJ.
Hitesh Tukaram Ade - Appellant
Versus
City and Industrial Development Corporation of Maharashtra Limited - Respondents
Writ Petition No. 2506 of 2025
Decided on : 28-03-2025
Mr. Abhijeet Desai a/w Ms. Daksha Punghera, Mr. Digvijay Kachare, Ms. Mohini Rehpade, Mr. Vijay Singh, Mr. Karan Gajra, Ms. Sanchita Sontakke, Advocates for the Petitioner.
Mr. Ashutosh M. Kulkarni a/w Mr. Akshay Kulkarni, Advocates for
the Respondents, CIDCO.
Candidates in a recruitment process do not acquire an indefeasible right to appointment unless they are on the waiting list, which has a defined lifespan.
Headnote:
(A) Maharashtra State Recruitment Rules - Writ of Certiorari and Writ of Mandamus - Appointment process for Assistant Executive Engineer (Civil) - The Petitioner, not being on the waiting list, cannot claim a right to appointment after the expiration of the wait list period on 10th November, 2024 - The rules clearly stipulate that the waiting list has a lifespan of one year and does not allow for continuous updating post-results declaration. (Paras 10-12, 16)
(B) Right to appointment - Candidates in the select list do not acquire an indefeasible right to be appointed even if vacancies arise - The process must be adhered to as per the established recruitment rules. (Paras 12-15)
Facts of the case:
The Petitioner, a Junior Engineer, applied for the position of Assistant Executive Engineer (Civil) under the VJ(A) category, scoring 125.40 marks but not making it to the waiting list. The selected candidate declined the position, and the waiting list expired before the Petitioner could make a claim.
Findings of Court:
The Court found that the Petitioner was not eligible for appointment as he was not in the waiting list and the waiting list had expired, thereby upholding CIDCO's adherence to recruitment rules.
Issues: The main issues were whether the Petitioner could claim a right to appointment despite not being on the waiting list and the validity of the waiting list expiration.
Ratio Decidendi: The court ruled that the Petitioner, not being in the waiting list, could not claim a right to appointment after the expiration of the wait list period, emphasizing that the recruitment process must be strictly followed.
Result: Writ Petition dismissed.
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forth with and heard finally by the consent of the parties.
2. The Petitioner has put forth Prayer Clause (a), (b), (c) and (d), as under :-
“a. That, this Hon’ble Court may be pleased to issue Writ of Certiorari or Writ in the nature of certiorari or any other Writ, order or direction quashing and setting the communication by the Respondent dated 27.01.2025 at Exhibit A issued by the Respondents;
b. That this Hon’ble Court may be pleased to issue Writ of Mandamus or Writ in the nature of Mandamus or any other Writ, order or direction to the Respondents to appoint the Petitioner for the post of Assistant Executive Engineer (Civil) in VJ(A) category by revising the merit list dated 10.11.2023 by further holding that the wait list/merit list does not get expired as stipulated in the impugned order dated 27.01.2025;
c. Pending the hearing and final disposal of the present Writ Petition, the Respondents be directed to appoint Petitioner for the post of Assistant Executive Engineer (Civil) under the category VJ(A);
d. Pending the hearing the Writ Petition, one post of the Assistant Executive Engineer (Civil) under the VJ(A) category may be kept vacant and not be filled or readvertised;”
UNDISPUTED ASPECTS
3. The Petitioner is presently working as a Junior Engineer in the Pune Municipal Corporation. An advertisement was published by City and Industrial Development Corporation of Maharashtra (hereinafter referred to as CIDCO) in the April, 2023. The advertisement invited Applications for various posts within the stipulated period of 12th April, 2023 to 11th May, 2023. The Applicants had to apply through the Online mode.
4. The Petitioner applied for the post of Assistant Executive Engineer (Civil), from the VJ(A) category. There were three posts available, out of which one was reserved for the VJ(A) category. The Petitioner participated in the online examination on 8th July, 2023 at ION Digital Zone, Powai, Mumbai, Maharashtra. Pursuant to the said examination, the qualified candidates were called upon to attend the documents verification sessions in between 21st August, 2023 to 24th August, 2023, as per the schedule declared by the CIDCO. The Petitioner verified his documents. He was thereafter invited for an interview on 11th October, 2023 at CIDCO Bhavan, CBD Belapur, Navi Mumbai. The interview date was postponed to 31st October, 2023 and he participated in the said interview. The Petitioner’s name was at Sr. No.14 in the order of merit list amongst the candidates.
SUBMISSIONS OF THE PETITIONER
5. The Petitioner submits that he was at Sr. No.14 in the over all merit list. There is no dispute as regards his qualifications. The result of the online examination and personal interview, dated 10th November, 2023, published by the General Manager (Personnel), has been placed on record at Page Nos.51 to 53 in the Petition paper book. Akash Ramrao Rathod was in the select list for the post reserved for the VJ(A) category, having scored 134.60 marks. In the waiting list of the VJ(A) category, Vikram Vithalsing Murade was at Sr. No.1, having scored 133.60 marks and Prajay Kisan Rathod was at Sr. No.2, having scored 133.60 marks. Considering the rule applicable and which is not disputed by the Petitioner, for one post, one person was listed in the select list for appointment and two persons were listed in the waiting list. It is an admitted position that the Petitioner was not in the waiting list.
6. An appointment letter was issued to Akash Ramrao Rathod, who was supposed to join in between 28th November, 2023 to 27th December, 2023. He declined. Hence, Vikram Vithalsing Murade, who was at Sr. No.1 in the waiting list, was being considered by CIDCO. However, he was promoted on 29th December, 2023. Hence, the second and the last candidate in the waiting list, namely, Prajay Kisan Rathod was offered the position on 5th July, 2024. He sought extension upto 19th September, 2024. Eventually, he d
