Supreme Court’s Decision on Rule 7(g) of Madhya Pradesh Judicial Service Recruitment and Conditions of Service Rules, 1994

The recent legal challenges against Rule 7(g) of the Madhya Pradesh Judicial Service Recruitment and Conditions of Service Rules, 1994 have garnered significant attention. The Supreme Court, recognizing the importance of addressing the concerns of judicial aspirants, has taken decisive action in favor of the candidates.

On 14th December 2023, the Supreme Court issued notices to both the State Government and the MP High Court, urging the Registrar General to represent the case. Today, a significant development was conveyed by Dr. S. Murlidhar, senior counsel representing the MP High Court.

In a departure from its previous stance, the High Court has agreed to allow all candidates who were eligible as per the rules before the amendment on 23rd June 2023 to participate in the Civil Judge, Jr. Division (Entry Level) Recruitment Examination – 2022. This decision effectively bypasses the amended qualification specified in Rule 7(g) and its proviso, relieving candidates who were preparing for the examination.

To ensure widespread awareness of this development, the Supreme Court has mandated the uploading of its order on the MP High Court’s website. In addition, potential corrigenda and extensive publicity in daily newspapers have been advised. The urgency of disseminating this information is highlighted by the impending deadline of 18th December 2023, which is the last day for the submission of Application Forms.

In light of this development, the Supreme Court has provisionally permitted all candidates, including those who haven’t approached the court, to fill up their application forms. These candidates are also provisionally allowed to participate in the preliminary and written examinations, pending the final outcome of the legal challenges before the MP High Court.

Rule 7 outlined the eligibility criteria for candidates, which included possession of a Bachelor’s Degree in Law. Candidates were also required to have either continuous practice as an advocate for a minimum of 3 years on the last date fixed for the submission of the application or be outstanding law graduates with a distinguished academic career. The MP High Court, on 12th December 2023, stated that the insistence of having six appearances, as mentioned in the advertisement, would not be insisted upon while scrutinizing the applications of the candidates.

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