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2024 Supreme(Bom) 98

A. S. CHANDURKAR, JITENDRA JAIN
Sagar Satish Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sandeep Dere
For the Respondent:Dr. Milind Sathe, Senior Advocate appointed as Amicus Mr. N. C. Walimbe, Addl. G. P. a/w Mr. A. R. Metkari, AGP, Mr. Shekhar Jagtap a/w Ms. Sairuchita Chowdhary & Mr. Ishan Paradkar i/by J. Shekhar Associates, Mr. Rahul Nerlekar, Adv

JUDGMENT :

Jitendra Jain, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for following relief :

    (a) that this Hon’ble be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing the Respondents to relax the age criteria pursuant to the advertisement no.270 of 2021.

3. Brief facts are as under :-

    (i) On 23rd December 2021, Respondent No.2-MPSC issued an advertisement No.270 of 2021 for the post of Judicial Magistrate First Class (JMFC). As per the said advertisement, the age limit for open category was fixed at 35 years as on 23rd December 2021.

(ii) The Petitioner, has completed age of 35 years on 24th November 2021 and therefore was age barred to apply for the post of JMFC since he was ineligible candidate for JMFC-2021 examination.

(iii) On 17th December 2021, the Respondent No.1-State issued a Government Resolution relaxing the age for direct service recruitment as a one time measure on account of pandemic.

(iv) On 3rd January 2022, the Petitioner made a representation to Res

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