The Supreme Court has rejected the decision of the Madhya Pradesh High Court in which three years of advocacy for the post of civil judge was made mandatory. The Supreme Court last year stayed the order of the High Court in which mandatory requirement of three years of advocacy
,
In September last year, the Supreme Court stayed this order, saying that unqualified candidates cannot be appointed from our comprehension. However, some disqualified candidates were allowed to appear in the written examination due to interim orders. Only those candidates are being considered, who fulfill the eligibility criteria. Meanwhile, the implementation of the disputed order is prohibited.
This was the case of three years of experience
- The revised recruitment rules were notified on 23 June 2023 by amending Madhya Pradesh Judicial Services (Recruitment and Services Conditions) Rules, 1994.
- It was said that for the civil judge, the candidates should have either a consecutive year experience as a lawyer or an excellent law graduate, whose educational life has been spectacular, who have passed all the exams in the first attempt.
- Overall for general and OBC categories, at least 70 percent marks have been scored in total.
- A total of 50% marks are required for SC and ST candidates.
The agency reports have told that Justice PS. Narasimha and Justice Atul S. Chandurkar’s bench accepted the appeal challenging the decision of its bench by the Madhya Pradesh High Court. Advocate Ashwini Kumar Dubey, who appeared on behalf of the High Court, argued that the re -examination is unconstitutional and impractical and this will begin a process of litigation. In fact, the revised rules were upheld by the High Court, but another round of litigation began after the two candidates who were out of selection demanded the review of the cut-off after the amended rules were implemented.
