Pankaj Sunil Shindikar And ANR v. State Of Maharashtra Thr The Principal Secretary And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.12.03 10:58:18 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15768 OF 2025 Pankaj Sunil Shindikar & Anr.

... Petitioners.

V/s.

State of Maharashtra & Ors.

... Respondents.

--- Mr. Varun H. Thanawala, Advocate for Petitioners. Mr. M.L. Patil, Advocate for Respondent No. 2. Mr. P.P. Kakade, Addl. G.P. a/w. Ms. Priyanka Chavan, AGP for Respondent/State.

Mr. S.S. Patwardhan i/b. Ms. Mrinal Shelar, Advocate for the Respondent No. 3.

--- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

28th NOVEMBER, 2025 P.C. :

1.

This matter was heard on 27th November, 2025. 2.

There is no dispute that the Government issued a Resolution dated 05.01.2022 under the Order of His Excellency The Governor of Maharashtra. The pre-requisite qualification for recruitment of fireman, are set out in the said Resolution. The controversy is that after the

Nashik Municipal Corporation notified the requisite qualifications in the Nashik Municipal Corporation Service (Service Entry and Service Classification) Rules, 2022, the factum of the G.R. dated 05.01.2022 was lost sight off, and not incorporated as a part of the Rules for the purpose of indicating the requisite qualifications for the post of fireman. 3.

The learned AGP has taken instructions and tenders a compilation of documents (20 pages). The same is marked as 'X' collectively for identification. She is instructed to say on the basis of the last paragraph of the communication dated 28.11.2025, which at page 1 and 2 below Annexure 'X', that the sanction to the modified requisite qualifications for the post of fireman would be granted within a period of 15 days.

4.

We find that the Nashik Municipal Corporation has conveyed to the State vide communication dated 14.6.2025 that the G.R. dated 05.01.2022 has been lost sight off and the modified pre-requisite qualifications for the post of fireman need to be entered in the Rules. The said communication is at page No. 6 below Annexure 'X'. 5.

The Corporation has published an advertisement on

04.11.2025 by mentioning the old pre-requisite qualifications for the post of fireman. The justification is that because the State did not notify the modified Rules in the light of the G.R. dated 05.01.2022 and no response was given by the State to its communication dated 14.6.2025, that the advertisement had to be published mentioning the existing qualifications.

6.

Since the State Government is now in the process of issuing appropriate directions for modifying the qualifications for the post of fireman, we find that, the Corporation may have to either modify the advertisement by mentioning the new qualifications or withdraw the advertisement and publish a fresh one. For the time being, we are informed that the Corporation has extended the last date for filing of the forms from 01.12.2025 to 16.12.2025.

7.

In the light of these developments, we deem it appropriate to call upon the State to announce its decision in the light to the G.R. dated 05.01.2022, on or before 5th December, 2025. The Corporation shall act immediately on the said decision and shall undertake the exercise as is expected of it. Needless to state, the Petitioners will then have to watch for the corrigendum or the publication of a new

advertisement. In the event, the Corporation decides to publish a new advertisement, it would forthwith announce on its website as regards the withdrawal of the advertisement dated 04.11.2025. 8.

In view of the above, this Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)