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2016 Supreme(Bom) 1358

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Vithal Waman Shelke – Appellant
Versus
High Court of Bombay, through registrar General – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vivek V. Salunke.
For the Respondent: Mr. Amit B. Borkar, Ms Sushma Bhende.

JUDGMENT :

B.P. COLABAWALLA, J.

1. The present Petition is filed under Article 226 of the Constitution of India seeking a suitable writ, order or direction to quash and set aside the order/opinion dated 25th June, 2012 recorded by Respondent No.1 and thereafter for a direction that the Petitioner be appointed to the post of Civil Judge, Junior Division and Judicial Magistrate, First Class. It is the Petitioner's case that despite the Petitioner being a recommended candidate at Sr.No.41 in the merit list, Respondent No.1 has recorded that having regard to the nature of allegations leveled against the Petitioner, the reasons stated in the judgment and the nature of duties to be entrusted to him, the Hon'ble Administrative Judges' Committee has decided not to recommend the name of the Petitioner for judicial service.

2. The facts on the basis of which the challenge is made by the Petitioner, are as follows:-

(a) The Petitioner is an individual who has passed his LL.B. Degree in the year 2004 and thereafter was enrolled as an Advocate with the Bar Council of Maharashtra and Goa. He is a practicing Advocate in the District Court at Nanded. Respondent No.1 is the High Court of Bombay through


























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