IMPORTANT POINT
The main legal point established is that candidates belonging to economically weaker sections cannot be considered as candidates belonging to backward classes, and the distinction between the two is recognized by the Constitution.

JUDGMENT :

Jitendra Jain, J.

Rule. Mr. Walimbe, learned Additional Government Pleader waives service of notice for respondent no.1-State. Mr.Sathe, learned Senior Counsel has appeared on behalf of respondent no.2-High Court. By consent of the parties, the writ petition is heard finally.

2. By this petition under Article 226 of the Constitution of India, the petitioners are challenging the communication dated 31st January 2022 whereby the petitioners have been informed that they cannot be considered for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class (CJJD and JMFC) since on the date of the advertisement they are overage and further they cannot seek relaxation of the age on the ground that they belong to the Economically Weaker Section (EWS) and not backward class.

Narrative of Events :-

3. On 1st February 2019, the Maharashtra Public Service Commission (MPSC) issued an advertisement for the post of CJJD and JMFC. As per Clause 7 of the said advertisement, age limit for advocate on the date of publication of advertisement should not be less than 21 years and not more than 35 years in the case of Advocate, with 3 years practice. In the case of fresh law graduate, age should not be less than 21 years and not more than 25 years. As per Clause 7.5 of the said advertisement, if the candidate belongs to backward class, then the age would be relaxed by 5 years, that means in case of an advocate, the outer age would be 40 years and in case of fresh law graduate, the outer age would be 30 years.

4. On 12th February 2019, respondent no.1-State issued a Government Resolution granting 10% reservation in Government Services for the candidates belonging to EWS.

5. On 30th November 2018, Socially and Educationally Backward Classes Act, 2018 (‘SEBC Act’) was passed. As per Section 4(b) of the SEBC Act, 16% reservation was granted to the candidates belonging to SEBC and the Maratha Community was notified as backward community for the purpose of the said Act. The vires of the SEBC Act was challenged before this Court and the same was upheld on 27th June 2019. The order of the High Court was carried in appeal to the Supreme Court and the Supreme Court on 9th September 2020 referred the matter to the Larger Bench. However, the Supreme Court directed that post 9th September 2020, appointments to public services and posts under the Government shall be made without implementing the reservation as provided in the said Act. However, the appointments made prior to 9th September 2020 were protected.

6. Pursuant to the above advertisement, on 30th October 2019, the petitioners applied under the backward category under the SEBC Act and appeared for main exam and successfully cleared the said exam. On 21st December 2019, the list of eligible candidates was published which included petitioner no.1 to petitioner no.4 and these petitioners were recommended by the MPSC on 2nd January 2020. On 25th February 2020, verification of original documents of the petitioners was conducted and on 6th July 2021, a notification of the appointment to the post of CJJD and JMFC was published but the names of the petitioners did not appear in the said notification. Meanwhile, on 21st May 2021, the Supreme Court quashed the SEBC Act in Civil Appeal No.2123 of 2020 in the case of Dr. Jaishri Patil Vs. State of Maharashtra, (2021) 8 SCC 323.

7. On 8th June 2021 and 19th January 2022, the petitioners made representations to respondent no.1. Meanwhile, on 5th July 2021, respondent no.1-State issued a Government Resolution to overcome the decision of the Supreme Court which had quashed the SEBC Act.

8. On 15th July 2021, respondent no.1 issued further Government Resolution directing to make appointments to public services and post in order to implement the judgment of the Supreme Court striking down SEBC Act. On 15th July 2021, a further G.R. was issued permitting conversion of SEBC into EWS. On 17th December 2021, the Government issued G.R. granting one more chan