2024:BHC-AUG:4855-DB IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12906 OF 2023

01. Amol S/o Govindsing Maher age 32 years, occ. Assistant Engineer, R/o R. H. No. 102, Kasliwal Marvel Near MIT College, Beed bypass Satara Parisar, Aurangabad Tq. & Dist. Aurangabad.

02. Niranjan s/o Ashok kumar Barabote Age 35 years, Occ. Assistant Engineer R/o Nityanand, HIG-18, Ramkrupa Colony MHADA, Darga Road, Aurangabad Tq. & Dist. Aurangabad.

03. Dhammanad S/o Shivajirao Bansode Age 32 years, Occ Assistant Engineer R/o Plot No. 1, Gut No. 144, Urja Nagar Near Ayappa Mandir, Satara Parisar Tq. & Dist. Aurangabad.

04. Umeshsingh S/o Chainsingh Maher Age 30 years, Occ. Assistant Engineer R/o R. H. No. 29, Hariram Nagar Satara Parisar, Beed bypass Road, Aurangabad Tq. & Dist. Aurangabad.

05. Saurabh S/o Kailas Pujari Age 33 years, Occ. Assistant Engineer, R/o N-11, E-4/2, Mayurnagar, HUDCO, Tq. & Dist. Aurangabad.

06. Prasad s/o Bharat Bhuirkar Age 32 years, Occ. Assistant Engineer R/o Near Railway Station Fly Over Flat No. I B-1, Tirupati Supreme Enclave Jalannagar, Tq. & Dist. Aurangabad.

07. Priyanka d/o Raju Rajput Age 32 years, Occ. Assistant Engineer R/o Flat No. 134, MHADA Colony Bansilal Nagar, Aurangabad Tq. & Dist. Aurangabad.

08. Swapnil S/o Govindsing Hajari Age 32 years, Occ. Assistant Engineer R/o Flat No. 7, C3, Sara Pride, Ranjit Nagar Kalda Corner, Aurangabad.

Tq. & Dist. Aurangabad.

09. Abhijit S/o Arjunrao Mundhe Age 34 years, Occ. Assistant Engineer R/o R.H. No. 48, Hariiram Nagar Beed bypass Road, Satara Parisar Aurangabad Tq. & Dist. Aurnagabad. .. Petitioners Versus

01. MSEB Holding Co. Ltd.

Through its Chairman, Hongkong Bank Building, 3^rd and 4^th Foor, M.G. Road, Fort, Mumbai 400 001.

02. Ministry of Energy, Through its Principal Secretary, Govt. of Maharashtra Mantralaya, Madam Kama Road, Mumbai 400 032.

03. MSEB Holding Co. Ltd.

Through its Managing Director, Hongkong Bank Building, 3^rd and 4^th Floor, M.G. Road, Fort, Mumbai 400 001.

04. Maharashtra State Electricity Transmission Company Ltd.

Through its Chairman and Managing Director, ‘PRAKASHGANGA’, C-19, E Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051.

05. Maharashtra State Electricity Transmission Company Ltd.

Through its Director (HR) Human Resource, Plot No. C-19, ‘Prkashganga’ 7^th Floor, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. .. Respondents Mr. V. D. Sapkal, Senior Advocate instructed by Mr. S. R. Sapkal, Advocate for the Petitioners.

Mr. S. K. Tambe, AGP for the State.

Mr. S. V. Adwant, Advocate for Respondent Nos. 1, 3, 4 and 5.

CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 29^th FEBRUARY, 2024.

ORAL JUDGMENT :

1. RULE. Rule made returnable forthwith and heard finally with the consent of the parties.

2. The Petitioners before us are 9 candidates who seek employment with Respondent Nos. 4 and 5, as Additional Executive Engineer (Transmission) [AAE, in short]. An Advertisement No. 05/2023, dated 4^th October, 2023, was published inviting applications from the candidates for recruitment to the 25% posts by direct appointment and 75% by promotions. The Petitioners are aggrieved by the modifications in the experience qualifications (pre-

requisite) and, therefore, the Petitioners have put forth prayer clauses ‘B’, ‘C’, ‘D’ and ‘E’ as under :-

B) To quash and set aside the circular bearing no. 465 dated 09.02.2016 issued by Maharashtra State Electricity Transmission Company Ltd., by issuing appropriate writ order direction as the case may be.

C) To quash and set aside the employment advertisement bearing no. 05/2023 issued by Human Resources Department, Maharashtra State Electricity Transmission Company Ltd. on dated 04.10.2023, by issuing appropriate writ order direction as the case may be.

D) To direct the respondent No. 5 to correct the advertisement no. 05/2023 published on dated 04/10/2023 and allow all Assistant Engineer to participate in selection on the basis of 7 years experience in Transmission, by issuing appropriate wri