2026:BHC-AS:2675-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11940 OF 2025 WITH INTERIM APPLICATION NO.12529 OF 2025 SATISH RAMCHANDRA SANGAR Shital Digamber Sawant Digitally signed by Age : 42 Years, Occupation : Nil, SATISH RAMCHANDRA SANGAR Residing at : Village Gowade, Date: 2026.01.20 18:20:59 +0530 Tehsil Palghar, District : Palghar : 401403. ...Petitioner Versus

1. The State of Maharashtra Through the Secretary, General Administration Department, Having Office at Mantralaya, Mumbai : 400 032, Mantralaya, Mumbai : 400 032.

2. Maharashtra Public Service Commission, Through the Secretary, Trishul Gold Field, Plot No.34, Sector 11, Opp. Sarovar Vihar, Belapur CBD, Navi Mumbai : 400 614. ...Respondents *****

Ms.Madhavi Ayyappan a/w Mr.Yogesh V. Morey i/b. Talekar &

Associates, Advocates for Petitioner.

Ms.Reena A. Salunkhe, AGP, for Respondents – State.

*****

CORAM : M.S.KARNIK &

S. M. MODAK, JJ.

DATE : 14^th JANUARY 2026 ORAL JUDGMENT : (PER : M.S.KARNIK, J.)

1. The Petitioner challenges the order dated 17^th July 2025 passed by the Maharashtra Administrative Tribunal, Mumbai Bench (In short, “Tribunal”) in Original Application No.782 of 2025.

2. The facts of the case, in brief, are that:-

(i) An advertisement was issued on 10^th May 2023 by the Maharashtra Public Service Commission (In short, referred to as “MPSC” hereinafter) for 41 posts of Assistant Commissioner, Social Welfare, Group-A. The Board of Recruitment was directed conduct interviews as the mode of selection. The MPSC had held a screening test for shortlisting the desirous candidates. The Petitioner was desirous of applying in the Economically Weaker Section (for short, “EWS”). Four posts were under the EWS category. The date of interview was not notified in the Advertisement.

(ii) The Petitioner applied under the EWS category. The last date for submitting an Application as per the Advertisement was 5^th June 2023. The Petitioner applied for the “E.W.S. Certificate” on 29^th December 2023. The last date for filing of the Application was extended by the MPSC until 13^th December 2024.

(iii) The MPSC decided to hold a screening test on 14^th December 2024 for shortlisting the candidates for the purpose of interview. The screening test was conducted on 14^th December 2024 for shortlisting the candidates. The results of the screening test were declared on 24^th April 2025. The Petitioner qualified the screening test. In May-2025, the Petitioner applied for “E.W.S. Certificate” for 2025-2026.

(iv) The MPSC published a list of eligible candidates on 4^th July

2025. A remark was placed against the name of the Petitioner stating that the “E.W.S. Certificate” pertaining to the year for which the Advertisement was issued needs to be submitted.

(v) On 8^th July 2025, the Petitioner received “E.W.S. Certificate for the year 2025-2026 and on 7^th July 2025, the MPSC notified the dates of interview from 15^th July 2025 to 18^th July 2025.

(vi) The Tahsildar – Palghar vide communication dated 11^th July

2025 refused to issue the “E.W.S. Certificate” to the Petitioner for the year 2023-2024 stating that the said financial year has expired and therefore, the same cannot be issued.

(vii) Vide the order dated 15^th July 2025, the MPSC held the Petitioner ineligible for want of “E.W.S. Certificate” for the year 2023-2024. Therefore, the Original Application bearing No.782 of 2025 was filed before the Tribunal.

(viii) During pendency of the Original Application which came to be filed on 16^th July 2025, the interviews were conducted on various dates from 15^th July 2025 to 18^th July 2025. The Original Application was dismissed on 17^th July 2025 holding that it was implied in Clause Nos.5.15 of the Advertisement that candidates shall possess a valid certificate as on the date of the Advertisement. Clause No.5.10 and 5.15 of the Advertisement which has some bearing on the issue reads thus:-

“5.10 Candidates belonging to the Economically Weaker Section (EWS) are required to s