The Supreme Court on Monday issued a stay on the Madhya Pradesh High Court’s recent decision that put a hold on the recruitment for civil judge positions which did not require a mandatory three years of legal practice. The apex court’s intervention came after the High Court had restrained ongoing recruitments following its endorsement of amended eligibility rules.
In June 2023, the Madhya Pradesh Judicial Services (Recruitment and Conditions of Service) Rules, 1994, were modified to mandate a minimum of three years of practice for candidates appearing for the civil judge entry-level examination. This amendment was initially upheld by the High Court, sparking further disputes after two unsuccessful candidates argued that the revised rules would make them eligible and requested a review of the cut-off marks.
The controversy intensified when the High Court, in a June 13, 2024 order, instructed that all candidates who passed the preliminary examination but did not meet the new criteria should be excluded. This directive aimed to ensure compliance with the amended recruitment rules.
The Supreme Court’s response followed an appeal from the Madhya Pradesh High Court itself, which argued against the division bench’s interpretation of reviewing recruitment processes. The High Court claimed that conducting a fresh main examination based on revised cut-off marks would disrupt the level playing field for candidates.
The recruitment for the positions had been widely publicized in November 2023, inviting applications from eligible law graduates as per the new rules. While the Supreme Court initially allowed all law graduates to participate in the preliminary exams via an interim order, a later High Court bench upheld the amended rules.
After failing to advance to the main examination, candidates Jyotsna Dohalia and Varsha Shrivastava filed a review petition on May 25, 2024, which was accepted by the High Court, leading to the temporary suspension of the recruitment process.
The Supreme Court’s stay order has now paused the High Court’s restrictions, with Justices Hrishikesh Roy and SVN Bhatti seeking responses from the petitioners who initiated the High Court actions. This decision effectively reopens the recruitment process under the contested eligibility criteria until a final judgment is reached.
