Citation : 2026 Latest Caselaw 5191 Bom
Judgement Date : 18 May, 2026
502 to 509 511-512-WP-6572-2026 AND ORS..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6572 OF 2026
Mr. Satyajit Vishwanath Kumbhar and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6668 OF 2026
Mr. Shirish Samant and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6670 OF 2026
Mr. Bhavesh Vishnu Magam and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6671 OF 2026
Pooja Siddhesh Pandey and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6673 OF 2026
Snehal Suresh Deshmukh and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
Manisha 1/6
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WITH
WRIT PETITION NO. 6674 OF 2026
Dattatraya Vilas Devkar and Ors. ... Petitioners
Versus
Maharashtra Public Service Commission and ... Respondents
Ors.
WITH
WRIT PETITION NO. 6675 OF 2026
Varsha Rajdhari Yadav and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6676 OF 2026
Roma Laxman Tribhuwan and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6682 OF 2026
Mr. Rahul Panditrao Sadolikar and Ors. ... Petitioners
Versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO. 6683 OF 2026
Vrushali Mahadeo Gawade ... Petitioner
Versus
State of Maharashtra and Ors. ... Respondents
Manisha 2/6
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--------------------
Mr. Onkar A. Wable a/w Mr. Umakant Waghmare, for the Petitioners in
WP/6572/2026 and WP/6682/2026.
Dr. Uday Warunjikar a/w Ms. Sakshi Inamdar and Mr. Jenish Jain, for the
Petitioners in WP/6668/2026, WP/6670/2026, WP/6671/2026,
WP/6673/2026, WP/6674/2026, WP/6675/2026, WP/6676/2026
Mr. S. S, Kanetkar, for the Registrar General, High Court Bombay in all
Writ Petitions.
Mr. Utkarsh Pondkule, for the Petitioner in WP/6683/2026.
Mr. P. P. Kakade, Addl. G.P., a/w Ms. M. S. Srivastava, A.G.P., for the
Respondent-State in WP/6572/2026, WP/6668/2026, WP/6670/2026,
WP/6682/2026.
Mr. P. P. Kakade, Addl. G.P., a/w Mr. A. R. Deolekar, A.G.P., for the
Respondent-State in WP/6671/2026, WP/6673/2026.
P. P. Kakade, Addl. G.P., a/w Mr. V. G. Badgujar, A.G.P., for the
Respondent-State in WP/6674/2026, WP/6675/2026, WP/6676/2026.
WP/6683/2026.
--------------------
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 18th MAY, 2026.
(VACATION COURT)
P.C. :
1. This batch of Writ Petitions raises a substantially common issue,
though the factual matrix in each matter may vary marginally. The
502 to 509 511-512-WP-6572-2026 AND ORS..doc
Petitioners have challenged Advertisement No.13/2026 dated 30th April
2026 issued by the Maharashtra Public Service Commission, to the limited
extent that no relaxation in the upper age limit has been granted to
candidates who have allegedly become overage on account of the
administrative delay of nearly two years in conducting the Judicial
Magistrate First Class Examination, 2024.
2. Dr. Uday Warunjikar, learned counsel appearing for the Petitioners,
has advanced various submissions in support of the challenge. However, at
this stage, he submits that without claiming any equities and while keeping
all rights and contentions open, the Petitioners may at least be permitted to
submit their applications and appear for the preliminary examination
scheduled to be held on 2nd August 2026, subject to the outcome of the
present Petitions.
3. On the other hand, Mr. S. S. Kanetkar, learned counsel appearing for
the High Court through the Registrar General, opposes the grant of interim
relief. He submits that the controversy involved in the present Petitions is
governed by the decision of this Court in Sagar Patil v. State of Maharashtra
(2024 SCC OnLine Bom 308). He further submits that reliance placed by
502 to 509 511-512-WP-6572-2026 AND ORS..doc
the Petitioners on the order passed by the Co-ordinate Bench in Neha
Pathak v. Maharashtra Public Service Commission (Writ Petition No.14907
of 2022) is misconceived, inasmuch as the intent and purpose sought to be
achieved by the said order has been stayed by the Hon'ble Supreme Court
by order dated 30th October 2025.
4. We have heard the learned counsel appearing for the parties and have
perused the order dated 30th October 2025 passed by the Hon'ble Supreme
Court in Pratikraj Rajendrakumar Hamad & Ors. v. Nikita Deepakrao More
& Ors. (SLP (C) Nos.31431-31432 of 2025), as well as the subsequent
order dated 26th February 2026 passed in Interim Application No.63987 of
2026 passed by the Hon'ble Supreme Court. Prima facie, the interim relief
presently sought by the Petitioners is substantially similar to the relief
which had earlier been granted by this Court by order dated 7th October
2025 in the proceedings arising from the same controversy, albeit for a
different year which is now pending in issue before the Hon'ble Supreme
Court. At this interlocutory stage, and particularly in view of the interim
orders passed by the Hon'ble Supreme Court, we are not inclined to grant
the interim reliefs as prayed for by the Petitioners.
502 to 509 511-512-WP-6572-2026 AND ORS..doc
5. List these matters on 22nd June 2026.
(SANDESH D. PATIL, J.) (GAUTAM A. ANKHAD, J.)
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