Bombay High Court Dismisses Petition Challenging District Judge Recruitment Process — Upholds Validity of Preliminary Examination and Qualifying Marks. Petitioners, practicing advocates, failed to secure qualifying marks in preliminary examination for District Judge cadre; court found no arbitrariness in recruitment process.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioners, eight practicing advocates, participated in the preliminary examination conducted by the Bombay High Court for recruitment to the cadre of District Judge in the Maharashtra Judicial Service. They failed to secure the qualifying marks and were declared unsuccessful. They filed a writ petition under Article 226 of the Constitution of India, 1950, challenging the recruitment process, including Advertisement No. A.5504/2025 dated 30.01.2026, Corrigendum dated 26.03.2026, and the preliminary exam results dated 14.05.2026. They sought quashing of these documents and a stay on the main written examination scheduled for 27.06.2026 and 28.06.2026. The court, after hearing the parties, found no merit in the challenge. The court noted that the recruitment process was conducted in accordance with the relevant rules and there was no arbitrariness. The petition was dismissed, and the rule was discharged. No order as to costs.

Headnote

A) Constitutional Law - Judicial Recruitment - Preliminary Examination - Validity - Petitioners challenged the advertisement, corrigendum, and results of the preliminary examination for District Judge recruitment - Court held that the recruitment process was conducted in accordance with the Maharashtra Judicial Service Rules and no arbitrariness was found - Petition dismissed (Paras 1-2).

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Issue of Consideration

Whether the recruitment process for District Judge cadre, including the preliminary examination and qualifying marks, is valid and not arbitrary.

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Final Decision

The petition is dismissed. Rule is discharged. No order as to costs.

Law Points

  • Recruitment to judicial service
  • Preliminary examination
  • Qualifying marks
  • Article 226
  • Writ of certiorari
  • Maharashtra Judicial Service Rules
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Case Details

2026 LawText (BOM) (06) 73

Writ Petition No.7604 of 2026

2026-06-25

Ravindra V. Ghuge, ACJ., Gautam A. Ankhad, J.

Dr. U.P. Warunjikar, i/b. Shri Sumit S. Kate, Advocate for the Petitioners; Smt. Neha Bhide, Government Pleader, with Smt. S.D. Vyas, Addl. Govt. Pleader and Smt. G.R. Raghuwanshi, Assistant Government Pleader for the Respondent-State of Maharashtra; Dr. Milind Sathe, Senior Advocate i/b. Shri Rahul Nerlekar, Advocate for Respondent No. 2

Suraj Deepak Mane, Chandrakanta S. Gongane, Ashwini Pandharinath Adhalge, Supriya Chavan, Vrushali Ganesh Deshmukh, Anuradha Ganpati Desai, Priti Dashrath Warudkar, Mayadevi Fulchand Gupta

State of Maharashtra, The High Court of Judicature at Bombay

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Nature of Litigation

Writ petition under Article 226 challenging recruitment process for District Judge cadre.

Remedy Sought

Quashing of advertisement, corrigendum, and preliminary exam results; stay on main written examination.

Filing Reason

Petitioners failed to secure qualifying marks in preliminary examination and challenged the process as arbitrary.

Issues

Whether the recruitment process for District Judge cadre is valid and not arbitrary.

Submissions/Arguments

Petitioners argued that the recruitment process was arbitrary and sought quashing of the advertisement, corrigendum, and results. Respondents defended the process as per rules and opposed the petition.

Ratio Decidendi

The recruitment process for District Judge cadre was conducted in accordance with the Maharashtra Judicial Service Rules and no arbitrariness was found; hence, the petition challenging the preliminary examination and qualifying marks was dismissed.

Judgment Excerpts

The Petitioners are practising Advocates, who have participated in the Preliminary Examination conducted by the High Court for recruitment to the cadre of District Judge in the State of Maharashtra Judicial Service. The Petitioners have failed to secure the qualifying marks in the preliminary examination and were declared as failed.

Procedural History

The petition was filed challenging the recruitment process. Rule was issued and made returnable forthwith. Heard finally with consent of parties.

Acts & Sections

  • Constitution of India, 1950: Article 226
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