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2026:BHC-AS:4362-DB

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Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 16020 OF 2025

Deepak Chhagan Rathod …Petitioner

Versus

The State Of Maharashtra & Anr. …Respondents

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Ms. Rutika Karale, Mr. Aditya Shinde, Mr. Prashant Mahajan i/b

Vaibhav V. Ugle for the Petitioner.

Mr. Yatin Shashikant Khochare, "B" Panel Counsel for the Respondent.

Mr. Rohit Sakhadeo for Respondent No. 2 (PCMC).

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CORAM : R.I. CHAGLA J.

ADVAIT M. SETHNA, J

Reserved on : 20 January 2026

Pronounced on : 29 January 2026

JUDGMENT : (Per R.I. Chagla, J.)

1. By this Writ Petition, the Petitioner is seeking direction to

the Respondents to forthwith absorb and appoint the Petitioner for

the post of Civil Engineering Assistant on the vacant post, as the

SHARAYU

PANDURANG

KHOT

Petitioner is at Sr.No.2 of the wait list for the post of Civil

Digitally

signed by

SHARAYU

PANDURANG

KHOT

D 20a 2te 6: .01.29 Engineering Assistant on such terms as this Court may deem fit and

14:22:03

+0530

proper.

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2. The Petitioner is having a Bachelor of Arts and

Construction Supervisor course completed from the recognized

university. The Petitioner had come across one advertisement issued

by Respondent No. 2 – The Pimpri Chinchwad Municipal Corporation

being Advertisement No. 184 of 2022 on 17th August 2022.

3. The Petitioner had pursuant to the said advertisement

applied for the post of Civil Engineering Assistant (“said post”) and

application had been filled up online on 7th September 2022 with

the Respondent No. 2.

4. The Petitioner had submitted the form with Respondent

No. 2 for the aforementioned post, and accordingly, received admit

card for the said post.

5. The Petitioner had appeared for the examination on 28th

May 2023 and secured marks of 157.39856.

6. The Petitioner had applied for the said post under VJ-A

category.

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7. Thereafter, Respondent No. 2 prepared final list in which

the name of the Petitioner was showing in the wait list at Sr.No.2.

8. The candidate who was successful in the said

examination had been asked by Respondent No. 2 to join and

accordingly, he joined the said post.

9. Thereafter, the candidate who had joined the said post

voluntarily resigned due to his own and personal difficulty and

accordingly, the said post had become vacant.

10. Respondent No. 2 issued a letter dated 12th June 2024

to various candidates on the wait list for filling up the vacant post.

The candidate at Sr.No. 1 of the wait list, i.e. above the Petitioner

applied for the said post.

11. Thereafter, the said candidate viz. Anil Shivsingh Jarwal,

who had applied for the said post appeared before the office of

Respondent No. 2 and made submissions in respect of documentation

on 25th July 2024. It was categorically mentioned that there was one

criminal proceeding pending against the said Anil Shivsingh Jarwal.

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12. The Respondent No. 2 after conducting meetings on 16th

December 2024 and 13th January 2025 with Anil Shivsingh Jarwal,

who had been selected, disqualified the said Anil Shivsingh Jarwal at

a subsequent meeting held on 3rd March 2025. The decision was

communicated by the learned Collector to Respondent No. 2 on 4th

March 2025.

13. A letter dated 16th March 2025 had been addressed by

the said Anil Shivsingh Jarwal to Respondent No. 2 stating that he is

not interested in joining Respondent No. 2.

14. The Petitioner accordingly made representation to

Respondent No. 2 for absorption in the said post vide letter dated

28th March 2025.

15. The Petitioner received a letter dated 19th August 2025

addressed by Respondent No. 2 informing him about the closure of

the process in respect of the said post.

16. The Petitioner being aggrieved by the closure of the

process in respect o