SC sets aside MP HC order mandating 3-year legal practice for judicial recruitment

NEW DELHI: The Supreme Court on Tuesday set aside a Madhya Pradesh High Court ruling which made three-year legal practice mandatory to be eligible for the civil judge's post. A bench of Justices P S Narasimha and Atul S Chandurkar allowed the appeal filed by Madhya Pradesh High Court challenging the ruling of its division bench.

Advocate Ashwani Kumar Dubey, appearing for the high court, argued that a re-exam was "unconstitutional, impractical" and would floodgates of litigation. The top court last year stayed the high court order stalling recruitment for the post of civil judges carried out without the mandatory requirement of three years of practice.

The Madhya Pradesh Judicial Services Rules, 1994 were amended on June 23, 2023, to make three years of practice compulsory to be eligible to appear for the civil judge entry-level test in the state.

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The amended rules were upheld by the high court, but it started another round of litigation after two unselected candidates claimed being eligible once amended rules were applied while demanding the review of the cut-off.

While restraining the recruitment to the post, the high court directed the exclusion of successful candidates in the preliminary examination not fulfilling the eligibility criteria under the amended recruitment rules.

The Supreme Court was hearing an appeal filed by the Madhya Pradesh High Court challenging the June 13, 2024 order passed by its division bench directing it to weed out or exclude all those successful candidates in the preliminary examination held on January 14, 2024, who did not fulfil the eligibility criteria under the amended rules.