Bombay High Court
RAKESH SHAMRAO MALIversusTHE STATE OF MAHARASHTRA THROUGH SEC. LAW AND JUDICIARY DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitioners are deemed selected for the two vacancies and the State must process their appointment as Judicial Officers.
Summary
Two writ petitions were filed by Mr. Somanath Bhagwan Gore and Mr. Rakesh Shamrao Mali, who were on the 10% waiting list for the 2023 Maharashtra Judicial Service recruitment. The Supreme Court had earlier held that two other candidates, Ms. Vidya Dipak Pawar and Ms. Sneha Hanamant Bhand, were to be considered selected, creating vacancies. The Bombay High Court held that the petitioners should be deemed selected for the two vacancies created and directed the State Government to process their appointment. It also noted a third vacancy arising from a candidate joining another service and left the consideration of two further waiting‑list candidates open for the MPSC. Consequently, both petitions were disposed of.
Issues considered
- Whether candidates on the 10% waiting list can be deemed selected for vacancies created by a Supreme Court order in a subsequent recruitment.
- Whether the State Government is obligated to recommend appointment of such candidates.
- How to address any remaining vacancies after accounting for the waiting‑list candidates.
Subjects
- Judicial appointments
- Waiting list
- Maharashtra Public Service Commission
- Supreme Court order
- Vacancies
- Civil Judge recruitment
- High Court writ petition
Judgment
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD [email protected]
AMIT Date:
GAEKWAD 2026.08.31
10:49:19
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(919) WRIT PETITION NO.7132 OF 2026
Somanath Bhagwan Gore ….Petitioner
Versus
High Court of Judicature at
Bombay and Ors. ….Respondents
AND
(922) WRIT PETITION NO.10144 OF 2026
Rakesh Shamrao Mali ….Petitioner
Versus
The State of Maharashtra and Ors. ….Respondents
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Dr. Uday Warunjikar a/w. Mr. Sumit Kate i/b. Hrishikesh Nabar for
the Petitioner in WP/7132/2026.
Dr. Uday Warunjikar a/w. Mr. Anirudh Rote i/b. Mr. Vikrant Khare
for the Petitioner in WP/10144/2026.
Dr. Milind Sathe, Senior Advocate i/b. Mr. Rahul Nerlekar for the
Respondent, the Bombay High Court.
Mrs. Neha S. Bhide, GP a/w. Ms. Shruti D. Vyas, Addl. GP and
Mrs. R.M. Shinde, AGP for the Respondent, the State in
WP/7132/2026.
Mrs. Neha S. Bhide, GP a/w. Mr. O.A. Chandurkar, Addl. GP and
Mrs. P.J. Gavhane, AGP for the Respondent, the State in
WP/10144/2026.
Mr. Ashutosh Kulkarni (through video conferencing) a/w.
Mr. Hrutik R. Chavan for the Respondent, the MPSC in
WP/7132/2026.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
GAUTAM A. ANKHAD, J.
DATE : 28th AUGUST, 2026
Gauri Gaekwad 1 of 5
[email protected]
P.C. :-
1. The Petitioner in the first Petition is Mr. Somanath
Bhagwan Gore. The Petitioner in the second Petition is Mr. Rakesh
Shamrao Mali. As per the merit list declared by the MPSC for the
Civil Judges (Junior Division) and Judicial Magistrate (First Class)
Competitive Main Examination – 2023, ‘list of candidates eligible
for recommendation’, candidates at Serial Nos.21 and 25, namely,
Ms. Vidya Dipak Pawar and Ms. Sneha Hanamant Bhand, have
succeeded before the Hon’ble Supreme Court vide order dated
19th August, 2026 passed in the matter of Pratikraj Rajendrakumar
Hamand and Ors. v/s. Nikita Deepakrao More and Ors.1
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 19th August, 2026.
Therefore, both these Petitioners before us today, who were in the
10% waiting list of candidates at Serial No.1, Mr. Somanath
1 Civil Appeal No.011271-011272/2026
Gauri Gaekwad 2 of 5
[email protected]
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.
4. As such, both these Petitions are disposed off.
5. We are informed that the candidate at Serial No.15,
namely, Mrs. Kartiki Awantika, daughter of Mr. Brajesh Kumar
Tiwari, has already joined as ‘I Additional Judge to the Court of I
Civil Judge, Junior Division, Janjgir’, in the Civil Judge, Junior
Division cadre of the Chhattisgarh Lower Judicial Service, vide
appointment order dated 19th August, 2026.
Gauri Gaekwad 3 of 5
[email protected]
6. Dr. Warunjikar, therefore, as an officer of the Court,
submits that, considering the three successful candidates in view of
the order of the Hon’ble Supreme Court dated 19th August, 2026,
and Mrs. Kartiki Awantika having joined service elsewhere, three
seats in the 2023 recruitment process for the State of Maharashtra
have fallen vacant. Out of these three vacancies, two vacancies were
common to the recruitment process of 2023, which includes
Mrs. Kartiki Awantika.
7. In the above backdrop, there are two more candidates
who are in the 10% waiting list of candidates at Serial No.3, namely,
Mr. Satish Makhanlal Vishwakarma, and at Serial No.4, namely,
Ms. Akshada Sanjay Kadam. The learned Senior Advocate
appearing for the High Court, Dr. Sathe, submits that these two
candidates could also be considered if these two vacancies persist
and provided Mrs. Kartiki Awantika does not return to the
Maharashtra Judicial Service by staking a claim for appointment,
being at Serial No.15 in the select list.
Gauri Gaekwad 4 of 5
[email protected]
8. As such, we leave this issue open for the MPSC and the
State to consider and initiate appropriate steps accordingly.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
Gauri Gaekwad 5 of 5
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