Is 3 Years of Practice Mandatory for Civil Judge Recruitment? Supreme Court Reserves Verdict
The Supreme Court has reserved its verdict on the Madhya Pradesh High Court order that banned recruitment for the post of Civil Judge without three years of mandatory legal practice experience. The bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar heard the case.
On August 25, the Supreme Court reserved its judgment on the petition challenging the Madhya Pradesh High Court's order, which prohibited recruitment for Civil Judge posts without three years of mandatory legal practice experience.
Justice P.S. Narasimha and A.S. Chandurkar are hearing the matter. Advocate Ashwani Kumar Dubey, appearing for the High Court, argued that ordering a re-examination would be unconstitutional, impractical, and would lead to a flood of petitions. Earlier, the Supreme Court had allowed the High Court to conduct interviews and declare results for the Civil Judge, Junior Division (Entry Level) Examination, 2022.
Three Years of Practice Made Mandatory
Last year, the Supreme Court stayed the High Court's order that banned recruitment of Civil Judges without three years of mandatory practice. The Madhya Pradesh Judicial Service (Recruitment and Service Conditions) Rules, 1994 were amended in June 2023 to make three years of practice mandatory for the Civil Judge entry-level exam.
The High Court had upheld the amended rules, but this led to legal controversy when two candidates claimed that under the amended rules they were eligible and demanded a review of the cutoff. The High Court issued a ban on recruitment, instructing the removal of candidates who had passed the preliminary exam but did not meet the eligibility criteria under the amended rules.
The Supreme Court is hearing an appeal filed by the Madhya Pradesh High Court challenging an order dated June 13, 2024, by its own division bench. The order directed the High Court to remove all candidates who passed the preliminary exam held on January 14, 2024, but did not meet the eligibility criteria under the amended rules.