Supreme Court Stays Recruitment Process Of Judicial Magistrates In Gujarat Without Minimum Practice Condition

The Supreme Court today(March 3) stayed the recruitment process of the Judicial Magistrate of First Class (JMFC), Civil Judge-Junior Division, in Gujarat. The Court expressed dissatisfaction with the Gujarat High Court allowing the recruitment process to proceed without any requirement of minimum number of years of practice as a lawyer. It pertains to recruitment through an advertisement issued on January 30.

The advertisement issued by the Gujarat Public Service Commission did not prescribe that the candidate should have any qualification of minimum number of years of practice as an advocate. The Supreme Court said that it has reserved judgment on the issue whether freshers should be permitted to apply for entry level posts in judicial service. That being so, the High Court should not have allowed the recruitment, when the Supreme Court is seized of the issue, observed a bench comprising Justice BR Gavai and Justice Augustine George Masih.

The Supreme Court observed as follows in the order :

"The question as to whether some number of years should be prescribed as a minimum qualification for enabling a candidate to apply for the post of JMFC, Civil Judge, Senior Division, is pending before a three-judge bench of this Court. The bench of three-judges has elaborately heard the matter. The arguments of all State Governments as well as High Courts have been heard by the Court and matter is reserved for judgment. When the Court is seized of this issue, we don't appreciate the necessity to rush through the selection process in as such as the outcome of the judgment could have a direct bearing on the qualification to be prescribed for the Judicial Magistrate First Class, Civil Judge, Junior Division. We therefore issue notice to the Gujarat High Court as well as State of Gujarat...Further, stay all the proceedings initiated by the High Court for recruitment to the post of JMFC."

The notice to the State is issued through the Chief Secretary and the notice to the High Court is through Registrar General, High Court of Gujarat. The Court will hear the matter on March 18.

The order was passed in an interim application filed by Advocate Ajit Pravin Wagh in the All India Judges Association case. The Court also allowed the withdrawal of a Special Leave Petition filed by certain other candidates against the High Court's order.

The current interim application seeks to stay the order passed by the Gujarat High Court dated February 24, whereby an interim order was passed directing the Bar Council of Gujarat to issue provisional certificates of practice to persons who claim to have completed their LLB from an "unrecognised" institutes for the purpose of participating in the recruitment process of Civil Judge, Junior Division.

Also Read - Supreme Court Hears Concerns Over Allowing Law Graduates To Enter Judicial Service Without Practice As Advocate

Case Details: ALL INDIA JUDGES ASSOCIATION Vs UNION OF INDIA|W.P.(C) No. 1022/1989

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