SC Sets Aside MP HC Order Mandating 3-Year Practice For Civil Judge Recruitment

Supreme Court overturns MP High Court order on 3-year practice rule for civil judge eligibility.

The Supreme Court on Tuesday set aside a Madhya Pradesh High Court order which had made three years of legal practice mandatory for candidates to be eligible for the post of civil judge. A bench comprising Justices P S Narasimha and Atul S Chandurkar allowed the appeal filed by the Madhya Pradesh High Court challenging the division bench ruling.

Appearing for the high court, advocate Ashwani Kumar Dubey contended that holding a re-examination was “unconstitutional, impractical,” and would open the floodgates of litigation.

It may be recalled that the apex court had last year stayed the high court order that had stalled the recruitment of civil judges, which was conducted without enforcing the mandatory three-year practice requirement.

Although the amended recruitment rules had been upheld by the high court, further litigation followed after two unsuccessful candidates claimed they would become eligible under the amended criteria and sought a review of the cut-off.

Restraining the recruitment process, the high court had earlier directed the exclusion of candidates who had cleared the preliminary examination but did not satisfy the eligibility norms prescribed under the amended rules.

The Supreme Court was hearing an appeal filed by the Madhya Pradesh High Court against the June 13, 2024 order of its division bench, which had instructed it to weed out all successful preliminary candidates from the January 14, 2024 examination who did not meet the amended eligibility requirements.