Bombay High Court
RAKESH SHAMRAO MALIversusTHE STATE OF MAHARASHTRA THROUGH SEC. LAW AND JUDICIARY DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the petitioner must be included in the 2023 recruitment list, subject to the standard appointment procedure, and allowed to participate in the training program.
Summary
The petitioner, Rakesh Shamrao Mali, filed an interim application after the High Court dismissed his writ petition seeking inclusion in the 2023 judicial recruitment list. He argued that two candidates, Sneha Hanamant Bhand and Vidya Dipak Pawar, were removed from the 2023 list following a Supreme Court order directing their appointment under the 2022 selection process, creating two vacancies. The State argued that appointment involves a multi‑step procedure by the Maharashtra Public Service Commission, verification, and High Court opinion, which could delay filling the vacancies. The court examined whether the petitioner, who was waiting‑list No.2, could be placed in the 2023 list and allowed to join the training program scheduled to start on 26‑09‑2026. It held that, given the removal of the two candidates, the petitioner is entitled to be included in the 2023 list, subject to the normal procedural steps, and granted permission to attend the training. The interim application was therefore disposed of.
Issues considered
- Whether the petitioner, being on the waiting list for the 2023 recruitment, is entitled to be included after the removal of two candidates whose appointments were redirected to the 2022 process.
- Whether the State must follow its established appointment procedure before confirming the petitioner’s inclusion.
- Whether interim relief permitting the petitioner to attend the training program is appropriate.
Subjects
- judicial appointments
- recruitment
- waiting list
- Maharashtra Public Service Commission
- training program
- interim relief
Judgment
1/6 906-IA-7476-26-IN-WP-10144-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.7476 OF 2026
IN
WRIT PETITION NO.10144 OF 2026
Rakesh Shamrao Mali .... Petitioner
versus
The State of Maharashtra,
through its Secretary,
Law & Judiciary Department & Ors. .... Respondents
…....
• Mr. Vikrant Khare a/w Mr. Pratik Tambe a/w Mr. Ganesh Pandit
a/w Arahat Dhivare, Advocate for Applicant in IA/Petitioner in WP.
• Dr. Milind Sathe, AG a/w Ms. Amruta Nerlekar i/b. Mr. Rahul
Nerlekar, for the Respondent No.3/The Bombay High Court.
• Mr. O. A. Chandurkar, Addl. GP a/w Ms. Gauri Raghuwanshi,
AGP, for the State/Respondent.
• Mr. Ashutosh Kulkarni a/w Mr. Hrutik R. Chavan a/w Mr.
Soham Salunke, Advocate for Respondent No.2/MPSC in
WP/10144/2026.
• Mr. Vaibhav Kulkarni, Advocate for Respondent Nos.4 and 5 in
WP/10144/2026.
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 24th SEPTEMBER, 2026
P.C. :
MANUSHREE
NESARIKAR 1. This is an application in a disposed of Writ Petition
Digitally signed
by MANUSHREE
NESARIKAR No.10144 of 2026. The order dated 28/08/2026 in the Writ
Date: 2026.09.24
16:41:33 +0530
Petition records paragraph Nos.2 and 3 as follows :
Nesarikar
2/6 906-IA-7476-26-IN-WP-10144-26.odt
“2. The learned Senior Advocate appearing
for the High Court, Dr. Sathe, submits that the
above stated candidates namely Ms. Sneha
Hanamant Bhand and Ms. Vidya Dipak Pawar have
now qualified and are appointed in the 2022
selection process, being at serial Nos.113 and 114
referred to by the Hon’ble Supreme Court in
paragraph no.5(i) of its order dated 19 th August,
2026. Therefore, both these Petitioners before us
today, who were in the 10% waiting list of
candidates at Serial No.1, Mr. Somanath Bhagwan
Gore and at Serial No.2, Mr. Rakesh Shamrao Mali,
would be included in the list of selected candidates
in view of the above peculiar facts and
circumstances.
3. Considering the above fact situation,
both these Petitioners shall be deemed to be
included against the available two vacancies for
the 2023 recruitment process. The State
Government shall process these names and make
the recommendation by following the due
procedure provided in law, for facilitating their
appointment as Judicial Officers.”
3/6 906-IA-7476-26-IN-WP-10144-26.odt
2. With these directions, the Applicant’s Petition was
disposed of. Now this Interim Application is preferred because
the grievance of the Applicant i.e. the original Petitioner Rakesh
Shamrao Mali, is that his name is still not included in the list
published in the 2023 recruitment process.
3. Heard Mr. Vikrant Khare, learned Counsel for the
Applicant/Petitioner, Dr. Milind Sathe, learned AG for the
Respondent No.3, Mr. O. A. Chandurkar, Addl. GP for the State,
Mr. Ashutosh Kulkarni, learned counsel for Respondent No.2 Mr.
Vaibhav Kulkarni, learned counsel for Respondent Nos.4 and 5.
4. The basic controversy arose because the two candidates
namely Vidya Dipak Pawar and Sneha Hanamant Bhand were
included in the list of 2023 recruitment process. However, by
virtue of the order passed by Hon’ble Supreme Court their
names were directed to be published in the 2022 selection
process. They continued to be shown as successful candidates in
the 2023 recruitment process and therefore the Petitioner's
name who was at waiting list No.2 could not be and was not
included in the 2023 recruitment process.
4/6 906-IA-7476-26-IN-WP-10144-26.odt
5. Today a revised list of candidates eligible for
recommendation for the 2022 selection process is produced
before us. It is dated 23/09/2026. It is taken on record and
marked ‘X’ for identification. In that list, the names of the two
candidates Ms. Sneha Hanamant Bhand and Ms. Vidya Dipak
Pawar are included at serial Nos.115 and 116. Consequently,
their names will have to be removed from the list of 2023
process and as a further consequence, there would be two
vacancies which can be filled by the candidates at waiting list
Nos.1 and 2. The present Applicant is at waiting list No.2 and
therefore he is expected to be included in the selection list for
the 2023 process.
6. Learned AG appearing for the Administration of this
Court submitted that there is a process for selecting and posting
the candidates. There are different steps.
They are as follows :
5/6 906-IA-7476-26-IN-WP-10144-26.odt
The Maharashtra Public Service Commission
recommends candidates and sends the list to the State of
Maharashtra for issuance of appointment notification. The State
of Maharashtra then calls for verification of documents and
police verification. If any query arises regarding a particular
candidate, the State of Maharashtra seeks opinion of the High
Court regarding the appointment of such candidate. After
obtaining the opinion of the High Court, the State of
Maharashtra issues the notification of appointment in respect of
the recommended candidates. The notification is placed before
the Hon’ble The Chief Justice for posting orders and thereafter
posting orders for the selected candidates are issued and they
are sent for training at Maharashtra Judicial Academy, Uttan.
Learned AG submitted that this process will take some time.
7. The fresh notification for the 2022 selection process
was issued on 23/09/2026. Consequently, now those two posts
for 2023 process will be given to the candidates at waiting list
Nos.1 and 2, which includes the present Applicant who is
waiting list No.2. This will be subject to the process referred to
6/6 906-IA-7476-26-IN-WP-10144-26.odt
by the learned AG. In view of the fact that the two candidates
from the 2023 list are already accommodated in the list for 2022
selection process, there is no difficulty in including the
Applicant’s name in the 2023 selection process, subject to the
above process. Therefore no further directions are necessary. The
only difficulty that remains is that the training program for 2023
candidates is due to start from 26/09/2026. Therefore, in the
interest of justice and to facilitate the entire process, the
Applicant is permitted to take part in that training program. He
shall be permitted to participate in the training program, which
starts from 26/09/2026. His participation in the training
program shall be subject to the process referred to by the
learned AG.
8. The Applicant shall attend and report to the
Maharashtra Judicial Academy, Uttan on 26/09/2026.
9. The application is disposed of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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