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2026 DAILYLAW 11230 (BOM)

KU. SHRUTI SURESHRAO NERKAR AND ANOTHER v. THE STATE OF MAHARASHTRA, THR. SECRETARY, DEPT. OF RURAL DEVELOPMENT, MUMBAI AND OTHERS

WP/1547/2024 · 2026-09-24

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Judgment text

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(1) 7wp1547.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1547/2024 Ku. Shruti Sureshrao Nerkar and anr. .Vs. State of Maharashtra and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. B. G. Kulkarni, Advocate for petitioners. Mr. A. V. Palshikar, A.G.P. for respondent Nos. 1 and 2. Mr. S. S. Shinde, Advocate for respondent No.3. CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : SEPTEMBER 24, 2026 On 21.07.2026, following order was passed. “Heard. The prayer is that the petitioners should be exempted from requirement of Professional Examination as well as Departmental Examination, they having passed Bachelor of Engineering or Diploma in Engineering (three years course). 2. The learned counsel for the petitioners submitted that the State Government has adopted different yardsticks for different divisions. He submitted that for Kolhapur and Aurangabad Division, the State Government has issued Circular/Order directing to exempt the employees acquiring aforesaid qualification from the requirement of Professional Examination as well as Departmental Examination whereas, for Amravati Division, the exemption is given to the extent of Professional Examination. 3. We accordingly request learned Addl.GP to take instructions from respondent no.1 and make statement. Needless to say that uniform policy will have to be adopted for similarly placed employee. 4. Stand over two weeks.” 2. In response, respondent No.1 has filed a communication dated 24.08.2026 issued in favour of respondent No.3, intimating him that the impugned communication dated 01.03.2023 has been cancelled. Respondent No.1, in its reply, has further clarified that the petitioners will be, therefore, not required to pass departmental examination and respondent No.3 will be now required to revise the seniority list in terms of letter dated 24.08.2026. (2) 7wp1547.24 3. Thus, the counsel for petitioners submits that the purpose of filing the petition, as such, has been served. However, respondent No.3 should consider the seniority of the petitioners in the promotional cadre if promoted and should be placed in the seniority above the juniors who have been promoted in the intervening period. 4. In our view, the petitioners may make representation to that effect with respondent No.3 and, if so made, the same shall be considered in accordance with the Rules governing seniority and the revised stand taken by the Government. 5. With the above directions, the writ petition is disposed of. (JUDGE) (JUDGE) Kahale Signed by: Kahale Designation: Senior Pvt. Secretary Date: 24/09/2026 17:43:54