Samarth S/O Narayan Kassa v. The State Of Maharashtra Throu. Its Principal Sec. Urban Development Dept And ORS

921-wp-205-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by NIKITA KAILAS DARADE Date:

2025.03.25 10:39:01 +0530 NIKITA KAILAS DARADE WRIT PETITION NO.205 OF 2025 Samarth S/o Narayan Kassa .....Petitioner Vs.

The State of Maharashtra and Ors. ....Respondents Ms. Sakshi Thombre i/b Mr. Siddheshwar Thombre for the Petitioner.

Ms. P. M. J. Deshpande, AGP for the State, Respondent No.1. Mr. R. S. Alange for the Respondent Nos. 1 to 4. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 13th MARCH, 2025 P.C. :- 1.

We find a typographical error in paragraph No.5 of our order dated 13th February, 2025 wherein, the date "30th March, 2017" has been wrongly typed instead of "30th March, 2027". 2.

The order be corrected and uploaded.

3.

The issue in this petition would be as to whether a Nikita

921-wp-205-2025.odt candidate not having the requisite qualifications mentioned in the advertisement and having higher qualifications, should be appointed on a vacant post, when the advertisement does not talk of granting preference to the higher qualification. The law laid down by the Hon'ble Supreme Court in Zahoor Ahmad Rather and Ors. Vs. Sheikh Imtiyaz Ahmad and Ors. 2019 2 SCC 404, could be applicable to this case. The learned Advocate for the respective sides seek time to research and look up to case law. 4.

List the Writ Petition on 1st April, 2025 in the fresh admission category.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita