2026 Supreme(Online)(Bom) 3947

Suraj Deepak Mane – Appellant
Versus
State Of Maharashtra – Respondent
WRIT PETITION NO. OF 2026

Administrative authorities cannot implement or rely upon draft, unnotified rule amendments to alter eligibility criteria or recruitment sources until such rules are formally gazetted and gain statutory force.

Headnote:This petition challenges a recruitment process by the state authorities initiated under proposed, yet unnotified, amendments to the Maharashtra Judicial Service Rules, 2008. The petitioners, advocate candidates, contend that the respondent’s inclusion of judicial officers in the 25% direct nomination quota via an unpublished amendment is illegal, arbitrary, and violates the constitutional scheme. The court is asked to determine if an administrative advertisement can enforce unnotified rules that effectively modify statutory service conditions, potentially nullifying the selection process. The core issues concern whether recruitment can be conducted based on draft rules not yet gazetted and whether the merger of distinct recruitment channels violates the guarantee of separate sources of appointment under Art. 233 of the Constitution. The petitioners argue that adherence to the notified 2008 Rules is mandatory, asserting that administrative action cannot supersede statutory requirements, thereby creating a lack of transparency and diminishing the opportunity for candidates from the Bar. The petitioners seek an order to quash the results of the preliminary examination, direct the production of the amended rules, and stay the upcoming main examination pending final adjudication.