2026:BHC-AS:4362-DB 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 ----------

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 20 a 2 te 6 : .01.29 Engineering Assistant on such terms as this Court may deem fit and +0530 proper.

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.

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.

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 of the said post, though the Petitioner claims to be entitled to be absorbed in the said post and delay had been at the instance of the Respondents, made representations on 14th August and 20th August 2025.

17. The Respondent No. 1 vide communication issued to Respondent No. 2