IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14907 OF 2022 Neha Ulhas Pathak & Ors. …. Petitioners.

Vs.

Maharashtra Public Service Commission through Chairman & Ors. …. Respondents.

WITH INTERIM APPLICATION NO.10138 OF 2024 IN WRIT PETITION NO.14907 OF 2022 Neha Ulhas Pathak & Ors. …. Applicants.

Vs.

Maharashtra Public Service Commission through Chairman & Ors. …. Respondents.

WITH INTERIM APPLICATION NO.7889 OF 2023 IN WRIT PETITION NO.14907 OF 2022 Ms. Tejaswini Gajanan Jaybhave …. Applicant.

V/s Neha Ulhas Pathak and Ors. …. Respondents.

WITH WRIT PETITION NO.6994 OF 2023 Babita Usha Kesharwani ….Petitioner.

V/s The State of Maharashtra through the Secretary, Law and Judiciary Department and Anr. …. Respondents.

WITH WRIT PETITION NO.7047 OF 2023 Nikita Dipakrao More and Ors. …. Petitioners.

V/s The State of Maharashtra through the Secretary, Law and Judiciary Department & Ors. …. Respondents.

WITH INTERIM APPLICATION NO.11881 OF 2025 IN WRIT PETITION NO.7047 OF 2023 Aniket Suresh Jadhav ….Applicant.

V/s Nikita Dipakrao More and Ors. ….Respondents.

WITH WRIT PETITION NO.7045 OF 2023 Mrs. Varsha Saudagar Jagtap and Ors. ….. Petitioners.

V/s State of Maharashtra through Secretary Law and Judiciary Department and Ors. …. Respondents.

WITH WRIT PETITION NO.16783 OF 2023 Suruchee d/o Madhusudhansingh Chouhan …. Petitioner.

V/s State of Maharashtra through Secretary, Department of Home & Ors. …. Respondents WITH INTERIM APPLICATION (ST) NO.9908 OF 2025 IN WRIT PETITION NO.16783 OF 2023 Suruchee d/o Madhusudhansingh Chouhan ….Petitioner.

V/s State of Maharashtra ….Respondent. Dr. Uday P. Warunjikar a/w Mr. Sumit Kate, Advocates for the petitioner in Writ Petition Nos. 14907/2022 and Writ Petition No.7045 of 2023.

Mr. Virendra Mishra, Advocate for the petitioner in Writ Petition No.6994 of 2023.

Mr. Prasad Avhad, Advocate for the petitioners in Writ Petition No.7047 of 2023.

Mr. Prajakt M. Arjunwadkar (through VC) with Mr. Prathamesh S. Hande, Advocates for the Applicant-Intervener in Interim Application No.11881 of 2025 in Writ Petition No.7047 of 2023.

Dr. Uday P. Warunjikar a/w Mr. Piyush Pande, Advocates for the petitioner in Writ Petition No.16783 of 2023.

Mr. Ashutosh Kulkarni a/w Mr. Sarthak Diwan, Advocates for the respondent-MPSC in Writ Petition Nos. 14907 of 2022, 6994 of 2023 and 7047 of 2023.

Mrs. Neha S. Bhide, Government Pleader with Mr. O.A. Chandurkar, Additional Government Pleader and Mrs. Pooja Patil, Assistant Government Pleader for the respondent-State. Dr. Milind Sathe, Senior Advocate with Mr. Rahul Nerlekar, Advocates for the respondent no.4-High Court of Bombay.

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 14TH OCTOBER 2025.

P.C. :

This batch of writ petitions pertains to appointment of Civil Judge (Junior Division) and Judicial Magistrate (First Class) for the year 2022.

2. Rule 6 of the Maharashtra Judicial Service Rules, 2008 mandates the Recruiting Authority to publish an advertisement each year in the Official Gazette and in at least two newspapers inviting applications from eligible candidates. The advertisement for the year 2022 was not issued in time and the same was published on 19th May 2023 by the Maharashtra Public Service Commission (for short, “MPSC”) inviting applications to fill 114 posts of Civil Judge (Junior Division) and Judicial Magistrate (First Class) through competitive examination. Under the Rules, the upper age limit is prescribed for the candidates and the cut-off date for determining the eligibility was 19^th May 2023. The common grievance of the petitioners in these writ petitions is that had the advertisement been issued in 2022, they would have been eligible to appear for the examination.

3. By an order dated 12^th June 2023 (in Writ Petition No.3477 of 2023 [Nagpur Bench]), this Court permitted one of the petitioners to apply for the said post. The order records that such participation shall be without prejudice to the rights and contentions of th