Shreya Gupta
The writ petition filed by the Maharashtra State Judges Association challenged advertisements for the recruitment of District Judges through nomination under Rule 5 of the Maharashtra Judicial Service Rules, 2008. The association argued that the advertised posts exceeded the 25% quota permitted for recruitment by nomination and breached the Rules of 2008.
The Court rejected the petition, stating that the recruitment process adhered to the rule that 25% of the cadre strength, as calculated based on the actual number of judges as of 31st March every year, could be filled by nomination. The Court emphasized that the strength of judges is not static and the schedule to the rules allows for adjustments based on fluctuations in cadre size. Consequently, the advertisements were deemed valid and the petition was dismissed without costs.
This Judgment underscores the importance of interpreting statutory rules in light of practical and administrative exigencies, such as the fluctuating strength of Judicial cadres. The decision reaffirms the authority of the Permanent Selection and Appointment Committee to oversee recruitment within the prescribed legal framework.
Case Title: Maharashtra State Judges Association v. The State of Maharashtra & Ors.
Case Number: W.P. 2091 of 2024
Bench: Justice Rajesh S. Patil and Justice A.S. Chandurkar