Supreme Court Stays Gujarat High Court’s Recruitment Process for JMFC and Civil Judge Posts

In a significant development, the Supreme Court has put a hold on the recruitment process initiated by the Gujarat High Court for the positions of Judicial Magistrate First Class (JMFC) and Civil Judge (Junior Division). This decision came while hearing an application challenging certain aspects of the recruitment process.

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Background of the Case

The Supreme Court issued a notice to the Gujarat High Court through its registrar general and to the state government, seeking their responses regarding the recruitment advertisement for civil judges issued in January 2025. The matter is scheduled for its next hearing on March 18.

The case stems from an application filed by advocate Ajit Pravin Wagh, referencing a controversial order passed by the Gujarat High Court on February 24. The high court had instructed the Bar Council of Gujarat to grant provisional certificates of practice to two petitioners who had completed their LLB from an unrecognized college. This move allowed them to participate in the recruitment process for civil judge positions.

Supreme Court’s Observations

The apex court noted that the recruitment advertisement issued by the Gujarat High Court did not specify a minimum number of years of legal practice as a qualification for the JMFC and civil judge (junior division) posts. Consequently, the Supreme Court found the Gujarat High Court’s order, which permitted the petitioners to obtain provisional certificates and participate in the recruitment process, legally unsustainable.

Legal Challenge and Implications

The applicant, represented by senior advocate B H Marlapalle, brought this issue before the Supreme Court on February 27. The primary concern raised in the plea was the legality of allowing candidates with degrees from unrecognized institutions to compete for judicial positions. The Supreme Court’s intervention highlights the need for stricter adherence to legal and educational eligibility criteria in judicial appointments.

What’s Next?

The Supreme Court’s stay on the recruitment process indicates that further scrutiny of the matter will take place in the upcoming hearing. The Gujarat High Court and the state government are expected to present their responses, which will shape the future course of the recruitment process.

This case underscores the importance of maintaining judicial integrity by ensuring that only eligible and qualified candidates are allowed to participate in the selection process for such crucial positions. The final verdict by the Supreme Court will likely set a precedent for similar cases in the future.

Conclusion

The stay imposed by the Supreme Court on the Gujarat High Court’s recruitment process for JMFC and civil judge posts is a pivotal legal development. It highlights the necessity of upholding strict educational and professional eligibility criteria in judicial appointments. As the case progresses, all eyes will be on the apex court’s final decision, which will have lasting implications for judicial recruitment in India.

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Hemesh Choudhary

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