1 950.WP.8070.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8070 OF 2025 GUNJAN CHANDRASHEKHAR SALVE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Latange Vijay Prabhakarrao GP for Respondents/State : Mr. A.B. Girase … CORAM : MANISH PITALE & Y. G. KHOBRAGADE, JJ. DATE : 15.07.2025 PER COURT: 1. Heard the learned counsel for the petitioner. This petition is filed raising a grievance that while preparing final merit list and waiting list for various categories concerning appointment to the post of ‘Junior Engineer’ (Civil), the Respondent No.2 - District Selection Committee has committed an error and that if the error is corrected, the Petitioner can be shifted from wait list to the select list, thereby, giving her an opportunity of employment. 2. In support of the said contention, the learned counsel for the Petitioner has invited attention of this Court on the final select list and wait list for various categories at (Page No.99 to 103 of the petition), which has been prepared by the District Selection Committee. 2025:BHC-AUG:18418-DB 2 950.WP.8070.25.odt 3. We have perused the said final list. We find that the first table concerns select list of candidates on merit in the open category followed by wait list for open category. Thereafter, select list of candidates from General – Economically Weaker Section (EWS) candidates is given and below the same is the wait list for the said category. The Petitioner belongs to Open - EWS category. She is placed at Sr. No.5 in the waiting list, as per marks obtained in the examination. 4. We are of the opinion that the District Selection Committee has correctly drawn the merit lists and waiting lists purely on merit. All those candidates who competed and scored enough marks to be considered in the open category, notwithstanding the fact that they belong to different categories such as OBC etc., purely on merit, they have been placed in the select list in open category. 5. Similarly the candidates selected purely on merit in the Open- EWS category are also shown in select list. Amongst the three candidates in the said category one is a lady at Sr. No.3, who has scored 142 marks while there are two gentlemen above her who have scored 148 marks each. 6. Thereafter, the waiting list for the Open - EWS category places the petitioner at Sr. No.5 according to marks scored by her i.e. 132. All the four candidates placed above the petitioner in the waiting list have clearly scored more marks than her. 3 950.WP.8070.25.odt 7. It was sought to be indicated that the two gentlemen selected in the Open - EWS category are not likely to join or they would not be joining and therefore, the petitioner can lay a claim in the said category. We are unable to agree with the petitioner, for the simple reason that there are four candidates above the petitioner in the waiting list for Open - EWS who have admittedly scored more marks than her and therefore, they would be considered, if at all the two selected gentlemen in the Open - EWS category fail to join. 8. The contentions raised on behalf of the petitioner with regard to the select list of open category and permutations and combinations sought to be placed before this Court cannot be considered because we are convinced that the District Selection Committee has properly considered the merit of each candidate as per the category to which they belong and while preparing the select list for the open category those belonging to other categories who have qualified purely on merit in open category have been shown. Therefore, we do not find any substance in the contentions raised on behalf of the Petitioner. 9. Hence the writ petition is dismissed. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/