KU. VINITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD . By this petition, the petitioners seek a Writ of Mandamus directing the Maharashtra Public Service Commission (hereinafter referred to as "MPSC" for the sake of brevity) to accept the applications of the petitioners in response to the advertisement, dated 26th February, 2014 issued by the MPSC calling applications from the candidates interested in appointment on the post of Civil Judge (Junior Division) and Judicial Magistrate First Class (hereinafter referred to as "CJJD and JMFC"). The petitioners also seek a declaration that the petitioners are eligible for appointment to the post of CJJD and JMFC by relaxing the cut -off date fixed for the upper age limit of 25 years, in view of the failure on the part of the respondents to advertise the posts in the year 2013.

(2.) THE necessary facts giving rise to the petition are briefly stated thus :

(3.) MR . Khajanchi, the learned counsel for the petitioners, submitted that the provisions of Rule 6 of the Maharashtra Judicial Services Rules, 2008 are mandatory and hence, it was necessary for the Recruiting Authority to invite applications from the intending candidates eligible for appointment on the post of CJJD and JMFC, by issuing an advertisement in the year 2013. It is submitted that the petitioners had passed the LL.B. examination on 03.08.2013 and were eligible for being appointed on the post of CJJD and JMFC till February, 2014. It is submitted that had the MPSC issued an advertisement as per Rule 6(b) of the Rules of 2008 in the year 2013, the petitioners could have applied for the post of CJJD and JMFC. It is submitted that it is necessary for the MPSC to advertise the posts every year in case of vacancies and the inaction on the part of the MPSC to issue an advertisement in the year 2013 is bad in law. It is submitted that the petitioners should be considered eligible for appointment by relaxing the upper age limit.