B.P. COLABAWALLA, J.

1. This Writ Petition has been filed under Article 226 of the Constitution of India seeking a direction to quash and set aside the communications/orders dated 14th December, 2015 and 26th July, 2016 passed by the Law and Judiciary Department of the Government of Maharashtra (Respondent No.1). An additional direction is sought that the Respondents be directed to appoint the Petitioner to the post of Civil Judge, Junior Division and Judicial Magistrate, First Class, as recommended by the Respondent No.3. It is the Petitioner's case that despite being recommended by Respondent No.3 to the said post and being included at Sr. No.121 in the merit list, Respondent No.1, on the basis of the opinion/recommendation of Respondent No.2, decided not to recommend the name of the Petitioner for judicial service.

2. The basic facts relating to the present controversy are as follows:-

(a) The Petitioner claims to an Advocate by profession and practicing since the year 2004. He has B.A. and LL.B. degrees. Respondent No.1 is the State of Maharashtra, through the Law and Judiciary Department. Respondent No.2 is the High Court of Judicature at Bombay, through its Registrar General and Respondent No.3 is the Maharashtra Public Service Commission (for short, “MPSC”).

(b) It is the case of the Petitioner that since there were vacancies for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class, Respondent No.3 issued advertisement No.65 of 2014 inviting applications for the said post. Pursuant to the said advertisement, the Petitioner submitted his online application seeking to apply to the post of CJJD and JMFC. Accordingly, the Petitioner presented himself and passed the preliminary examination and was selected for the main examination. The Petitioner thereafter appeared for both papers and secured 112 marks in the written examination as well as 27 marks in the interview. Accordingly, in the final result, the Petitioner secured the rank No.121 in the merit/select list. Based on this, Respondent No.3 recommended the name of the Petitioner to Respondent No.1 by its letter dated 15th June, 2015. Thereafter, the Petitioner also received a letter dated 24th June, 2015 calling him for medical examination and verification of documents. The Petitioner was also directed to furnish all details in the attestation form, which according to the petitioner, was duly done. In the said attestation form, the Petitioner also disclosed that there was a criminal case filed against him under sections 498-A, 323, 504, 506 r/w section 34 of Indian Penal Code, 1860 (“IPC”) being R.C.C. No.123 of 2012. It was further disclosed that the said case was pending and had not been finally decided.

(c) It is in these circumstances that the Petitioner received a communication dated 14th December, 2015 from Respondent No.1 stating that Respondent No.2 had opined that the recommendation in favour of the present Petitioner cannot be accepted. Thereafter, on 10th March 2016, the learned JMFC, Court No.3, Pandharpur, District Solapur, was pleased to deliver his judgment in R.C.C. No. 123 of 2012 holding that the charges against the accused therein including the Petitioner were not proved and therefore, came to be acquitted. In view of this acquittal, the Petitioner, on 19th March, 2016 made a representation that his recommendation should now be accepted and he should be appointed to the post of CJJD and JMFC. In view thereof, Respondent No.1 forwarded the said representation to Respondent No.2. It is thereafter averred in the Petition that on 16th July 2016, Respondent No.2 has given a negative opinion and in view of the same, on 26th July 2016 the Petitioner received a communication from Respondent No.1 that the Petitioner was not suitable for the said post. It is in these circumstances that a challenge has been laid in the present Petition to the communication/orders dated 14th December, 2015 and 26th July, 2016 issued by Respondent No.1