Sikkim High Court Dismisses Lawyers' Plea Challenging COI Requirement For Judicial Service Recruitment, Leaves Constitutional Validity Open
The Sikkim High Court has dismissed a writ petition filed by practising advocates challenging the eligibility conditions prescribed for recruitment to five entry-level posts in the Sikkim Judicial Service, including the requirement of possessing a Certificate of Identification (COI) and a valid Local Employment Card.
Chief Justice A. Muhamed Mustaque held that: “This writ petition was filed by the lawyers, who claim that they are practicing in the High Court and other District Courts of Sikkim, have sought an interim relief and stay challenging an Employment Notification issued by this Court on the Administrative side on 17.09.2026. The Employment Notice is in fact the invitation for the eligible candidates to fill up five vacant posts in the entry level of the Sikkim Judicial Service under the Sikkim Judicial Service Rules, 1975.”
The petition was filed by practising advocates before the Sikkim High Court and District Courts challenging an employment notification dated September 17, 2026, inviting applications for five entry-level posts in the Sikkim Judicial Service.
The petitioners challenged the eligibility requirement of possessing a Certificate of Identification (COI) and a valid Local Employment Card, questioning its constitutional validity.
The High Court held that the petition could not be entertained as the deadline for submitting applications had already expired. It noted that none of the petitioners had applied for the advertised posts or had their applications rejected on eligibility grounds.
The Court observed that challenges to recruitment eligibility criteria must be raised promptly to avoid disrupting the selection process. It further held that the petitioners lacked locus standi and that the service matter could not be converted into a PIL.
The Court, however, left open the question concerning the constitutional validity of the COI requirement for consideration at an appropriate stage and dismissed the petition in limine.
Date of Decision: 04.11.2026