ASHWINI SANJAY KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 31 st 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 Sec. (EWS) and not backward class.

(3.) On 1/2/2019, 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.