Ankit Kumar Tiwari v. Union Of India ( Thr. Secretary ) Ministry Of Defence And ORS

905-WP-4259-2024.DOC S.R.JOSHI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.4259 OF 2024 Ankit Kumar Tiwari ... Petitioner

Versus

Union of India & Others

...Respondents

Mr. Angsuman Ojha, for the Petitioner.

Mr. Rui Rodrigues with Mr. Sagar Ambedkar and Mr. Dhanshree Bhate, for Respondent Nos. 1 to 3.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

28th MARCH, 2024 _______________________ P.C.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.04.02 16:11:25 +0530 SMITA RAJNIKANT JOSHI We heard learned Counsel for the parties.

Mr. Rui Rodrigues, learned Counsel for the Respondents, has placed on record a list of candidates who have been issued joining letters, who are in their respective position in merits between Sr. Nos. 2 to 11, being 9 candidates under the Computer Science Faculty. We find that the Petitioner is at Sr. No. 18, and, therefore, there being only 9 vacancies, he could not be issued a joining letter as he was lower in the merit. Therefore, there is no question of the Petitioner's challenge being entertained in this Petition, in so far as his non-consideration for the Computer Science Faculty is concerned. We find that the prayers made in the Petition are rendered completely academic. In the event, in the future, if Petitioner wants to apply for the said course and considers that the criteria set up by the Respondents is 28 March, 2024

905-WP-4259-2024.DOC objectionable or non-acceptable, the Petitioner is free to raise a challenge to the same at the appropriate time.

All contentions in that regard are expressly kept open. Disposed of. No costs.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 28 March, 2024