MUMBAI: The Bombay High Court has directed its administration to submit a detailed blueprint outlining the steps and timelines for filling sanctioned but vacant posts in the Maharashtra lower judiciary, including those of civil judges, chief and additional metropolitan magistrates, and judges of the court of small causes.
The directions were issued while hearing a public interest litigation (PIL) filed in 2022 by Vaijanath Pandurang Vaze, who has sought an increase in judicial strength and improvement in court infrastructure across district and magistrate courts in the state. Vaze pointed out that around 3,500 judicial posts remain vacant and urged the court to ensure that the recruitment process is expedited.
In December 2023, government pleader PP Kakade informed the court that the National Court Management Systems Committee (NCMSC) had recommended the creation of 3,211 judicial posts, of which only 348 had been formally created. He added that approval for the remaining 2,863 posts had since been granted by both a sub-committee and a high-powered committee.
Kakade also apprised the court of delays in setting up fast-track courts under the Protection of Children from Sexual Offences (POCSO) Act. In April 2024, he submitted that while both the Union and state governments had sanctioned adequate funds, the courts could not be established as the high court administration had yet to identify suitable locations. Of the 138 fast-track POCSO courts proposed, 38 are to be funded by the state government and 100 by the Centre. The state has earmarked ₹47.25 crore for its share, while the Union government has allocated over ₹100 crore. However, the project remains stalled pending inputs from the high court administration.
On January 28 this year, Kakade placed on record a notification issued by the Law and Judiciary Department on December 1, 2025, amending the Maharashtra Judicial Service Rules, 2008. The earlier framework, he said, had led to a procedural deadlock affecting recruitments and promotions. The amendments introduce a revised mechanism aimed at clearing long-pending appointments of judicial officers.
A division bench of Justices Bharati Dangre and Sarang V. Kotwal directed the high court administration to submit an action plan for 2026. The plan must specify the total number of sanctioned posts across different cadres, vacancies as on January 1, 2026, the number of posts to be advertised, timelines for issuing advertisements, and the phases in which the recruitment process will be undertaken.
The bench cautioned that while posts may have been created, appointments and promotions must strictly follow the Maharashtra Judicial Service Rules, 2008, noting that the process is inherently time-consuming as it involves assessing the suitability of candidates.
Observing that judicial appointments cannot be rigidly time-bound, the court nevertheless stressed the need for “expediency” on the part of the high court administration and the law and judiciary department. “If the State has to achieve the goal of speedy justice, it must be supported by an effective appointment process, implemented by the high court as well as the Maharashtra Public Service Commission, which is the recruiting agency for the feeder cadre,” the bench said.
The matter has been posted for further hearing on February 27.