Validity of Judicial Recruitment Process and Preclusion of Challenges by Unsuccessful Candidates Under Waiver Doctrine.
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Case: SURAJ DEEPAK MANE AND ORS v. THE STATE OF MAHARASHTRA THROU. SEC. LAW AND JUDICIARY DEPT AND ANR
Court: Bombay High Court
Date: 25-06-2026
Law: Constitution of India.
Highlights of the Judgment:
- Examination of the doctrine of waiver and acquiescence regarding unsuccessful candidates challenging recruitment processes.
- Analysis of whether formal Gazette notification is a prerequisite for the enforceability of rules when prior notice is provided in the advertisement.
- Interpretation of Article 233 of the Constitution concerning the appointment of District Judges and the implementation of Supreme Court mandates.
- Application of the "rules of the game" principle and whether selection criteria were altered post-commencement of the recruitment cycle.
- Discussion on the legal effect of Supreme Court directions quashing inconsistent service rules.
- Evaluation of the requirement for "reasonable notice" of law as established in the precedent of Harla v. State of Rajasthan.