Bombay High Court
SOMANATH BHAGWAN GOREversusHIGH COURT OF JUDICATURE AT BOMBAY THR. ITS REGISTRAR GENERAL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the petitioner must be included in the 2023 recruitment list and may attend the training program, subject to the standard appointment procedure.
Summary
The petitioner, Somanath Bhagwan Gore, was placed first on the waiting list for the 2023 judicial recruitment process. Two candidates, Ms. Sneha Hanamant Bhand and Ms. Vidya Dipak Pawar, who had been listed for 2023, were ordered by the Supreme Court to be placed in the 2022 selection, creating two vacancies in the 2023 list. The petitioner argued that his name should now be included in the 2023 list. The High Court noted that the Maharashtra Public Service Commission and the State follow a prescribed procedure for recommendation, verification, and appointment, and that the removal of the two candidates clears the vacancies. Consequently, the Court directed that the petitioner be admitted to the 2023 selection and allowed to attend the training program commencing 26/09/2026, subject to the normal appointment process. No further directions were deemed necessary.
Issues considered
- Whether the petitioner, being first on the waiting list, is entitled to be included in the 2023 recruitment list after the removal of two candidates transferred to the 2022 selection process.
- Whether the petitioner may be permitted to participate in the training program for 2023 candidates pending completion of the appointment formalities.
Subjects
- judicial recruitment
- waiting list
- appointment procedure
- Maharashtra Public Service Commission
- training program
- Supreme Court order
- High Court
Judgment
1/6 907-IA-7491-26-IN-WP-7132-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.7491 OF 2026
IN
WRIT PETITION NO.7132 OF 2026
Somanath Bhagwan Gore .... Petitioner
versus
High Court of Judicature at Bombay
through its Registrar General & Ors. .... Respondents
…....
• Dr. Uday Warunjikar a/w Mr. Sumit Kate a/w Ms. Sonali
Chavan, i/b. Hrishikesh Nabar, 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/7132/2026.
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 24th SEPTEMBER, 2026
P.C. :
MANUSHREE
1. This is an application in a disposed of Writ Petition
NESARIKAR
Digitally signed
by MANUSHREE
No.7132 of 2026. The order dated 28/08/2026 in the Writ
NESARIKAR
Date: 2026.09.24
16:41:33 +0530
Petition records paragraph Nos.2 and 3 as follows :
Nesarikar
2/6 907-IA-7491-26-IN-WP-7132-26.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.”
3/6 907-IA-7491-26-IN-WP-7132-26.odt
2. With these directions, the Applicant’s above Petition
was disposed of. Now this Interim Application is preferred
because the grievance of the Applicant i.e. the original Petitioner
Somanath Bhagwan Gore, is that his name is still not included in
the list published in the 2023 recruitment process.
3. Heard Dr. Uday Warunjikar, 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
and Mr. Ashutosh Kulkarni, learned counsel for Respondent
No.2.
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.1 could not be and was not
included in the 2023 recruitment process.
4/6 907-IA-7491-26-IN-WP-7132-26.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.1 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 :
5/6 907-IA-7491-26-IN-WP-7132-26.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 at
waiting list No.1. This will be subject to the process referred to
6/6 907-IA-7491-26-IN-WP-7132-26.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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