Bombay High Court Issues Notice To Maha Govt On Plea Challenging Retrospective Application Of Three-Year Practice Rule In Judiciary Exam

The Bombay High Court has issued notice to the State of Maharashtra and the Maharashtra Public Service Commission (MPSC) in a writ petition challenging the retrospective application of the mandatory three-year practice requirement prescribed for the Civil Judge Junior Division and Judicial Magistrate First Class (JMFC) examination.

A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad was hearing a writ petition filed by two law graduates and practising advocates challenging Advertisement No. 013/2026 dated 30 April 2026 issued by the MPSC for recruitment to 286 posts of Civil Judge (Junior Division) and Judicial Magistrate First Class. The advertisement prescribed a mandatory requirement of three years' practice at the Bar as an eligibility condition for participation in the examination.

The petitioners contended that the impugned advertisement was contrary to the Supreme Court's judgment in All India Judges Association v. Union of India delivered on 20 May 2025. According to the petitioners, while the Supreme Court restored the requirement of a minimum three years' practice for entry into judicial service, it had specifically clarified that the requirement would apply prospectively and would not affect selection processes already initiated before the date of the judgment.

The petitioners argued that the recruitment process in question pertained to the year 2024 and had merely been kept in abeyance pending the Supreme Court's decision. It was contended that the MPSC had wrongly applied the eligibility condition retrospectively to an already initiated selection process, despite the protective exception carved out by the Supreme Court.

After hearing the matter, the High Court issued notice to the State Government and the MPSC and made the matter returnable on 22 May 2026.

Case Title: Aditi Sanjaysingh Bais v. State of Maharashtra [Writ Petition No. 6532 of 2026]

Citation: 2026 LiveLaw (Bom) 259

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