Sabyasachi Mukharji, J. - (1.) This appeal by special leave arises out of the order and judgment delivered by the High Court of Bombay in Writ Petition No. 57 of 1986. Before the High Court the petition was by respondent in this appeal, and at material times a resident of Aurangabad. He had passed L.L.B. examination in 1978 from the Maharashtra University and was enrolled as an advocate with the Bar Council of Maharashtra on 17th February, 1979. Inasmuch as locus to maintain this petition is not under challenge, it is not necessary to deal in detail with his further qualifications as set out in the petition. He challenged the procedure and method evolved by the Maharashtra Public Service Commission for filling up 150 posts of Civil Judge (Judicial) and Judicial Magistrate (First Class). The petitioner stated that he was one of the applicant for the said post. Some of the posts were reserved for Scheduled Castes and Scheduled Tribes. An advertisement was issued on 22nd January, 1986 by the Maharashtra Public Service Commission whereby the qualifications for the posts of the Civil Judge (J.D.) and Judicial Magistrate (First Class) were laid down and it was stipulated that the candidates should have as an advocate, attorney or pleader, having a practice of three years as on 7th March, 1986 in the High Court of Bombay or in any other courts subordinate to the High Court. The candidates should have also knowledge of Marathi. In the advertisement it was further stipulated that the candidates should be between the age of 21 to 35 years and for the backward class candidates the age limit has been stipulated upto 40 years as on 1st of May, 1985. The said advertisement also provided that the candidates will have to appear for written examination in two papers. The first paper consisting of 100 marks and include the following subjects ,-- 1. Civil Procedure Code 2. Transfer of Property Act 3. Specific Relief Act, and 4. Law of Contracts, Sale of Goods Act and Partnership Act.
(2.) The second paper also was of 100 marks and the following subjects were included : 1. Indian Penal Code 2. Evidence Act 3. Code of Criminal Procedure, and 4. An essay on the subject connected with law.
(3.) As per that advertisement written test was compulsorily required to be undergone by every applicant for the said judicial posts. According to the petitioner respondents herein, neither the State of Maharashtra nor the Commission had any authority to compel the applicants to appear for written examination. The candidates who have not only obtained the LL.B. Degree but also have been practising as advocates in the High Courts as well as in the subordinate courts were required to appear in the written tests. This was, according to the respondent, unauthorised.;