Case Note & Summary
The petitioner filed a writ petition seeking direction to the respondents to absorb and appoint him as Civil Engineering Assistant, as he was at Sr.No.2 in the waitlist. The court noted that the petitioner had been selected and placed in the waitlist, and since some selected candidates did not join, a vacancy existed. The court directed the respondents to consider the petitioner's candidature and appoint him if he is otherwise eligible, within a specified period. The judgment emphasizes the right of waitlisted candidates to be considered for appointment when vacancies arise due to non-joining of selected candidates.
Headnote
A) Service Law - Absorption of Waitlisted Candidate - Waiting List - The petitioner, placed at Sr.No.2 in the waitlist for the post of Civil Engineering Assistant, sought direction for absorption and appointment against a vacant post. The court held that since selected candidates did not join, the petitioner is entitled to be considered for appointment against the vacant post. (Paras 1-3)
Issue of Consideration
Whether the petitioner, being at Sr.No.2 in the waitlist for the post of Civil Engineering Assistant, is entitled to be absorbed and appointed against a vacant post when selected candidates did not join.
Final Decision
The court directed the respondents to consider the petitioner's candidature for the post of Civil Engineering Assistant and appoint him if he is otherwise eligible, within a period of four weeks from the date of the order.
Law Points
- Absorption of waitlisted candidates
- Appointment against vacant posts
- Waiting list validity
- Right to be considered for appointment
Case Details
2026 LawText (BOM) (01) 131
Writ Petition No. 16020 of 2025
R.I. Chagla, Advait M. Sethna
Ms. Rutika Karale, Mr. Aditya Shinde, Mr. Prashant Mahajan i/b Vaibhav V. Ugle for the Petitioner; Mr. Yatin Shashikant Khochare, "B" Panel Counsel for the Respondent; Mr. Rohit Sakhadeo for Respondent No. 2 (PCMC)
The State Of Maharashtra & Anr.
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Nature of Litigation
Writ petition seeking direction for absorption and appointment of the petitioner as Civil Engineering Assistant from the waitlist.
Remedy Sought
Direction to respondents to forthwith absorb and appoint the petitioner for the post of Civil Engineering Assistant on the vacant post.
Filing Reason
Petitioner was at Sr.No.2 in the waitlist for the post of Civil Engineering Assistant and sought appointment against a vacant post.
Issues
Whether the petitioner is entitled to be absorbed and appointed as Civil Engineering Assistant from the waitlist.
Submissions/Arguments
Petitioner argued that he is at Sr.No.2 in the waitlist and there is a vacant post, so he should be appointed.
Ratio Decidendi
A candidate in the waitlist has a right to be considered for appointment against a vacant post when selected candidates do not join, and the appointing authority must consider such candidature.
Judgment Excerpts
By this Writ Petition, the Petitioner is seeking direction to the Respondents to forthwith absorb and appoint the Petitioner for the post of Civil Engineering Assistant on the vacant post, as the Petitioner is at Sr.No.2 of the wait list for the post of Civil Engineering Assistant on such terms as this Court may deem fit and proper.
Procedural History
The petitioner filed Writ Petition No. 16020 of 2025 before the High Court of Judicature at Bombay. The petition was reserved on 20 January 2026 and pronounced on 29 January 2026.
