ARUNKUMAR GANESHRAO MUKHEDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner before us is a resident of Aurangabad. The first respondent is the State of Maharashtra Public Service Commission. The third respondent is the Registrar High Court of Judicature at Bombay.

(2.) The petitioner has passed the L.L.B, (New) Course Examination in the year 1978 from Marathwada University. He has enrolled himself as an Advocate with the Bar Council of Maharashtra on 17th February, 1979. Initially, he was practising in the District Court at Nanded and from 27th August, 1981 on the establishment of the Aurangabad Bench of the Bombay High Court. The petitioner is practising as an Advocate since 1979 till today.

(3.) On 22nd January, 1986 the 2nd respondent viz. the Maharashtra Public Service Commission, who here after will be referred to as the commission" , inserted an advertisement in the Daily Marathwada newspaper inviting applications for filling up 150 posts of the Civil Judges (J.D.) and Judicial Magistrate (First Class). The Petitioner is one of the application for the said posts. Some of the posts were reserved for Scheduled Caste and Scheduled Tribes. As per the advertisement, the qualification for post of the Civil Judge (J.D.) and Judicial Magistrate (F.C.) are that the candidate must be an Advocate, Attorney or Pleader, having a practice of three years as on 7th March, 1986 in the High Court of Bombay or in other courts subordinate to the High Court. So also the candidate should have sufficient knowledge of Marathi. The advertisement has laid down an age limit between 21 to 35 years and for backward class candidates the age limit is upto 40 years as on 1st May, 1985. The said advertisement also provides that the candidate will have to appear for written examination in two papers. The first paper consisting of 100 marks will include the following 4 subjects :