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2025 DAILYLAW 55155 (BOM)

RANJIT S/O GANESH MANDAL AND OTHERS v. STATE OF MAHARASHTRA, THR. SECRETARY, MINISTRY OF HOME, MUMBAI AND OTHERS

WP/5485/2025 · 2025-10-07

Shri Anil S Kilor, Shri Rajnish R Vyas

body2025

Judgment text

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1 935.wp.5485.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 5485 OF 2025 Ranjit Ganesh Mandal and others .Vs. State of Maharashtra and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Gajanan Hemke, Advocate for the petitioners Ms Kalyani Marpakwar, AGP for respondent Nos. 1 to 3/State CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : OCTOBER 07 , 2025 . Heard. 2. The petitioner are the original applicants before the MAT who raised a challenge to the order dated 05.10.2023 issued by the Collector, Gadchiroli cancelling the examination held for the post of ‘Police Patil’ and directed to conduct a fresh recruitment process. 3. The original applications filed by the petitioners came to be rejected vide order dated 18.08.2025 passed by the Maharashtra Administrative Tribunal on the ground that on receiving the complaint a committee was constituted consisting of Resident Deputy Collector, Sub Divisional Officer and Tahsildar to look into such complaints relating to illegality committed in conducting the examination. The said 2 935.wp.5485.2025.odt committee submitted its report and that has been discussed by the Tribunal in Para 21 of the order which reads thus: “21. In the present O.As. doubts were created after verifying the Video Recording by the three Members' Committee. The specific observation was made by the said Committee and therefore the Collector, Gadchiroli has passed the impugned order dated 05.10.2023 by which the written examination was cancelled and directed to conduct the fresh written examination. The material part of the order is reproduced below :- “lnj pkSd”kh lferhus lknj dsysY;k vgokykizek.ks] mesnokjkaP;k fgrkP;k n`’Vhus dks.kR;kgh mesnokjkaoj vU;k; gksm u;s] leiZd U;k;kpk fopkj djrk vkf.k ikjn”kZd iz”kklukph izfrek turse/;s dk;e jkg.;klkBh] pkeks”khZ mifoHkkxkph] iksfyl ikVhy inHkjrh dfjrk ?ksrysyh ys[kh ijh{kk j| d:u] uO;kus ftYgkf/kdkkjh dk;kZy;kP;k fu;a=.kk[kkyh ¼;kiwohZP;k ys[kh ifj{ksyk clysys rsp mesnokj dk;e Bsowu ½ rkRdkG ys[kh vkf.k rksaMh ijh{kk ?ksmu fudky ?kksf’kr dj.;kckcr lnj pkSd”kh lferhus f”kQkjl lknj dsyh vkgs-” 4. Then the Tribunal further make the following observations in para 22. “22. From the perusal of above stated order, no any prejudice will cause to the applicants if they appear in the examination. Only written examination and further process is directed to be taken. All Nagpur applicants and other candidates, who had earlier appeared in the written examination, are only allowed to appear in the fresh examination. Therefore, it cannot be said that it is a fresh recruitment. The decision taken by the Collector, Gadchiroli on the basis of the report of the three Members' Committee is perfectly legal and correct. To avoid any doubt for the recruitment 3 935.wp.5485.2025.odt process, if such order is passed by the Collector, then it is beneficial to all the candidates who will appear in the written examination, because, as per the report of the three Members' Committee that in the examination Centre in one room the envelope of question papers was found open. Therefore, objection raised by the unsuccessful candidates appears to be substantiated by the report of the three Members' Committee. Hence, I do not find any illegality in the order dated 05.10.2023 passed by the Collector, Gadchiroli. Hence, the following order.” 5. Considering the above referred three Member’s Committee report and observations made by the Tribunal, we do not find any error committed by the Tribunal while dismissing the original applications. 6. Accordingly, the writ petition stands dismissed. [RAJNISH R. VYAS, J] [ANIL S. KILOR, J.] Namrata