SC Strikes Down MP HC Order on Civil Judge Eligibility
The Supreme Court had earlier stayed the High Court’s order, which had stalled recruitment of civil judges on the basis of the three-year practice requirement.
New Delhi: The Supreme Court on Tuesday set aside a Madhya Pradesh High Court ruling that made three years of legal practice mandatory to be eligible for the post of civil judge.
A bench of Justices P.S. Narasimha and Atul S. Chandurkar allowed the appeal filed by the Madhya Pradesh High Court challenging the decision of its own division bench.
Advocate Ashwani Kumar Dubey, appearing for the High Court, argued that ordering a re-exam was “unconstitutional, impractical,” and would open the floodgates of litigation.
The Supreme Court had earlier stayed the High Court’s order, which had stalled recruitment of civil judges on the basis of the three-year practice requirement.
The Madhya Pradesh Judicial Services Rules, 1994 were amended on June 23, 2023, mandating three years of practice to appear for the civil judge entry-level test. While the amended rules were upheld by the High Court, litigation followed after two unsuccessful candidates claimed eligibility under the new criteria and sought a review of the cut-off.
Restraining the recruitment, the High Court had directed exclusion of successful candidates in the preliminary examination who did not meet the amended eligibility norms.
The Supreme Court was hearing an appeal against the June 13, 2024 order of the High Court’s division bench, which had directed authorities to exclude all successful candidates from the preliminary exam held on January 14, 2024, who did not satisfy the amended rules.