PRASHANT P GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule in all the Petitions and PIL. Rule made returnable forthwith and heard finally by consent of the parties.

(2.) In so far as challenge to the Rules is concerned, Writ Petition No. 8952 of 2009 is treated as the lead matter and therefore the facts in the said writ petition would be cited for convenience sake.

(3.) The Petitioners in the said writ petition are Law Graduates having obtained the degree of law from various universities in the State of Maharashtra viz. University of Pune, Shivaji University, Marathwada Tirth University. The Petitioners are qualified advocates and are registered with the Bar Council of Maharashtra and Goa. Some of the Petitioners have passed five year law course with 1st class. The Petitioners came across an advertisement issued by the Respondent No. 3 - the Maharashtra Public Service Commission for the post of C.J.J.D and J.M.F.C. The examination for the said post was to be held in two stages, i.e. Preliminary Examination and thereafter all those who qualified in the Preliminary Examination would be permitted to appear in the Main Examination and only those who passed in the Main Examination were to be called for viva/voce/interview. The advertisement inter alia disclosed the scheme of selection. The said Scheme as mentioned herein above involved a written examination followed by viv-a-voce The qualifications for the said post mentioned in the advertisement were as under: