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2026 DAILYLAW 15431 (BOM)

KALUSING GAWALYA VASAVE AND ANOTHER v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER

WP/9640/2026 · 2026-09-28

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Judgment text

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1 50-WP-9640-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9640 OF 2026 KALUSING GAWALYA VASAVE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ... Mr. S. R. Sapkal, Advocate for the Petitioner Ms. N. B. Kamble, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 28th SEPTEMBER, 2026 PER COURT : 1. Indisputably, the issue raised in this petition is squarely covered by the decisions rendered by this Court in Writ Petition No.1596 of 2021 [Vikaram Bawajya Valvi and Others Vs. The State of Maharashtra and Another] and Writ Petition No.8390 of 2022 [Ganga Dashrath Padvi Vs. The State of Maharashtra and Another]. 2. For the reasons stated in the said orders, the writ petition is partly allowed with following directions:- (a) It is expected that, the competent authority would take remedial measures for recalculating the marks only to the extent of the experience criteria by following the Government Resolution dated 01/12/2018. (b) They shall follow the due process of law in doing so, by issuing individual notices to those candidates who are likely to be affected by the change in marks by abiding by the SVH 2026:BHC-AUG:45594-DB 2 50-WP-9640-26.odt marking scheme prescribed in the Government Resolution dated 01/12/2018. (c) Accordingly, the respondent authorities would formalise the exam results of all the candidates, whether or not selected earlier, since there is a likelihood that those candidates who have not been selected, may stand a chance of selection, on or before 31st December, 2022. (d) Since the original results were declared on 18/03/2019 and the appointments were made more than three years ago, we leave it to the competent department to continue such appointees. However, if any candidate, as like these petitioners, stands selected by the revised results, the competent authority would absorb such candidate(s) on available vacancies, considering that there was no recruitment drive after 2018. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) SVH