The Bombay High Court on Tuesday took a significant step toward addressing long-pending judicial vacancies, asking the High Court administration to submit a clear recruitment blueprint after amendments to the Maharashtra Judicial Service Rules came into force.
The matter arose in a public interest litigation highlighting delays in appointments across the state judiciary, an issue that has been under scrutiny for several years.
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Background of the Case
The petition was filed by Vaijanath Pandurang Vaze, who appeared in person before the court. His plea pointed to severe staff shortages in the Maharashtra judicial system and pressed for urgent recruitment following the sanctioning of thousands of new posts.
Alongside the PIL, the court was also hearing a connected contempt petition filed by the Maharashtra State Judges Association. Both matters were listed together before a division bench.
During the hearing, the State informed the court that a crucial legal hurdle had been removed.
Government’s Stand Before the Court
Additional Government Pleader P. P. Kakade placed on record a notification issued by the Law and Judiciary Department on December 1, 2025. Through this notification, the Maharashtra Judicial Service Rules, 2008 were formally amended.
The State submitted that the amended rules had already come into effect from the date of their publication in the Government Gazette. According to the State, this amendment cleared the way for initiating recruitment and promotions within the judiciary.
Counsel appearing for the High Court administration echoed this submission, stating that the legal framework was now in place to move forward.
Court’s Observations
The bench of Justice Bharati Dangre and Justice Sarang V. Kotwal noted the repeated concern raised by the petitioner regarding the creation of nearly 3,500 additional posts.
However, the court struck a careful note of caution.
“The posts may have been created, but filling them up requires strict adherence to the procedure prescribed under the rules,” the bench observed. It underlined that judicial appointments are not routine exercises and involve a detailed assessment of a candidate’s suitability, which inevitably takes time.
The judges made it clear that speed cannot come at the cost of standards, especially in judicial appointments.
To ensure transparency and accountability, the court directed the High Court administration to place before it a comprehensive “blueprint” of the recruitment process it intends to follow.
This blueprint must cover all levels of the judiciary, including Civil Judges (Junior and Senior Division), Metropolitan Magistrates, Judges of the Small Causes Court, and District Judges.
The bench specifically asked that the proposed plan for the year 2026 should disclose:
- The total number of sanctioned posts across cadres
- Vacancies as they stand on January 1, 2026
- Proposed timelines for issuing recruitment advertisements
- The phases in which the recruitment process will be carried out
Emphasis on Speedy Justice
While acknowledging that judicial appointments cannot be rigidly time-bound, the court stressed the need for urgency.
“If the State aims to achieve speedy justice, it must strengthen the system through effective appointments,” the bench said, pointing to the shared responsibility of the High Court, the Law and Judiciary Department, and the Maharashtra Public Service Commission, which recruits for the feeder cadre.
Court’s Decision
The High Court directed that an affidavit containing the full recruitment roadmap be filed on or before February 23, 2026, with a copy furnished to the petitioner. The matter has been renotified for further hearing on February 27, 2026.
Case Title: Vaijanath Pandurang Vaze vs The Registrar General, High Court of Bombay
Case No.: Public Interest Litigation No. 36 of 2022 (with Contempt Petition No. 258 of 2023)
Decision Date: 28 January 2026
