High Court Of Bombay
Vinod Fakira Marathe & Ors vs State Of Maharashtra & Ors
Writ Petition No 8495, 8500, 8501, 8502, 1700 of 2024, On 14 March 2024
Hon'ble Judges: Devendra Kumar Upadhyaya, Arif S. Doctor
Case Type: Writ Petition
Final Decision:
Advocates: J. P. Cama, Sanskruti Yagnik, Dr. Uday Warunjikar, Siddhesh Pilankar, Dr. Uday P. Warunjikar, Sumit Kate, Mihir Desai, S. B. Talekar, Shubham Gurav, Vaibhav Ugle, Madhavi Ayyappan, Dr. Milind Sathe, Rahul Nerlekar, P. P. Kakade, N. C. Walimbe, O. A. Chandurkar, N. M. Mehra, V. M. Mali
Citations:
2024 0 CJ(Bom) 253
ACTS REFERRED:
Code of Civil Procedure, 1908, Order 4Rule 1
Constitution of India, Article 309
Constitution of India, Article 236(b)
Constitution of India, Article 235
Constitution of India, Article 227
Constitution of India, Article 16
(A) Constitution of India, Article 309, Article 227, Article 16, Article 235, Article 236(b) - Recruitment and conditions of service of persons serving the Union or a State - Power of superintendence over all courts by the High Court - Dissolution of a District or a Regional Council - Control over subordinate Courts - Interpretation(B) Code of Civil Procedure, 1908, Order 4Rule 1 font-size: 16px;" >
Heard learned Counsel for the parties and perused the records available before
us on these Writ Petitions.
Since the common questions of law and facts arise in these Petitions, this
batch of Writ Petitions is being decided by the common judgment and order which
follows:
ISSUES
Life of wait list prepared by a selection body is the question which has been
raised in this batch of Writ Petitions for our consideration.
Judgement Text
1.
Heard learned Counsel for the parties and perused the records available before
us on these Writ Petitions.
2.
Since the common questions of law and facts arise in these Petitions, this
batch of Writ Petitions is being decided by the common judgment and order which
follows:
ISSUES
3.
Life of wait list prepared by a selection body is the question which has been
raised in this batch of Writ Petitions for our consideration. The Petitioners
assert that the select/wait list in this case shall be operative indefinitely
and will breath its last only once it is exhausted, that is to say, every
single candidate borne on such a list is to be offered appointment.
4.
The issue raised is no more res-integra and stands settled by Hon'ble Supreme
Court way back in the year 1994 vide judgment in the case of Gujarat State Dy.
Executive Engineers Association Vs. State of Gujarat & Ors. 1994 Supp (2)
SCC 591. In paragraph 9 of the said report, the Hon'ble Supreme Court has
observed thus:
"9.
A waiting list prepared in an examination conducted by the Commission does not
furnish a source of recruitment. It is operative only for the contingency that
if any of the selected candidates does not join then the person from the
waiting
