SACHIN GOKUL KHAMBAYAT v. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND OTHERS
WP/5283/2021 · 2025-10-16
Shri Abasaheb D Shinde, Shri R G Avachat
body2025
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[ 2025 DAILYLAW 71230 (BOM) · dailylaw.ai ]
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[ 2025 DAILYLAW 71230 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 973 WRIT PETITION NO. 5283 OF 2021 Sachin Gokul Khambayat VERSUS Maharashtra State Electricity Distribution Company Ltd. And Others ... Advocate for the Petitioner : Mr. Bolkar Yogesh B. Advocate for Respondents No.1 to 6 : Mr. Bajaj Anil S.
... CORAM : R. G. AVACHAT & ABASAHEB D. SHINDE, JJ. Dated : OCTOBER 16, 2025 ORAL ORDER : -
1. Heard. 2. In response to the advertisement, bearing No. 05/2019, issued by the respondent – Maharashtra State Electricity Distribution Company Limited (MSEDCL), the petitioner applied for the post of
“Upkendra Sahayak” (midsanz lgk;d). He cleared the written examination conducted for recruitment to the said post. He was thereafter called for document verification, when others were issued with appointment orders. The petitioner approached the respondent MSEDCL and was informed that he did not possess the requisite qualification, and consequently, no order of appointment was issued to him. 3. The learned Counsel for the petitioner would submit that since the petitioner was allowed to appear for the examination and had Page
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973 WP 5283-2021 cleared the same, it indicated that the respondent MSEDCL had found him to possess the requisite qualification for the post. According to him, candidates who had earned a Diploma in Electrical Engineering were given appointments despite not having cleared the Industrial Training Institute (ITI) course in Electrical Trade. However, he concedes that such appointments were not made pursuant to the advertisement which is the subject matter of the present writ petition. We, therefore, do not prefer to rely upon the said material. 4.
As per Clause 2 of the advertisement, a candidate, to be eligible for appointment, must hold or possess the following requisite qualification : -
“2- fnukad 26-07-2019 v[ksj ‘kS{kf.kd vgZrk % & egkjk”Vª jkT; ek/;fed o mPp ek/;fed f’k{k.k eaMG ,e-,l- ch-,l-,p-,l-lh-bZ ;kaps 1 $ 2 ca/kke/khy ek/;fed ‘kkykar ijh{kk mRrh.kZ izek.ki= fdaok rRle ijh{kk mRrh.kZ vkf.k vkS|ksfxd izf’k{k.k laLFksrhy O;olk; ikB~;dze iw.kZ dsY;koj jk”Vªh; O;olk; izf’k{k.k ifj”kn] uoh fnYyh ;kauh ohtra=h @ rkjra=h vFkok lsaVj vkWQ ,DlyUl bysDVªhdy lsDVj O;olk;klkBh fnysys jk”Vªh; O;olk; izf’k{k.k izek.ki= vFkok nksu ¼2½ o”kZ infodk ohtra=h @ rkjra=h izek.ki=- vkf.k f’kdkmq mesnokj vf/kfu;e] 1961 vUo;s jk”Vªh; f’kdkmq mesnokjh iw.kZ >kY;kuarj ohtra=h @ rkjra=h O;olk;krhy vFkok lsaVj vkWQ ,DlyUl Page
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973 WP 5283-2021 bZysDVªhdy lsDVj e/khy jk”Vªh; O;olk; izf’k{k.k ifj”kn] ,ulhVhOghVh uoh fnYyhdMwu ns.;kr ;s.kkjs izek.ki=-”
5. Admittedly, the petitioner did not possess a certificate of ‘Wireman’ issued by the Industrial Training Institute (ITI). In view of Clause 2 of the advertisement, the same was an essential qualification for such appointment. The word “vkf.k” (and) appearing in the said clause could not be read as “or”. As such, we find that the petition is sans merits and deserves to be dismissed. The petition, therefore, stands dismissed. ( ABASAHEB D. SHINDE, J. ) ( R. G. AVACHAT, J. ) vj gawade/-. Page
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