SC stays recruitment of judicial magistrate civil judges in Gujarat

New Delhi, Mar 4 (PTI) The Supreme Court on Tuesday stayed the recruitment process for the post of judicial magistrate first class (JMFC) and civil judge (junior division) in Gujarat.
     A bench of Justices B R Gavai and Augustine George Masih expressed displeasure over the Gujarat High Court "hurriedly" going ahead with the recruitment process when the apex court was hearing a matter over prescribing the qualifications for JMFC and civil judge (junior division).
     "When this court is seized of the issue, we do not appreciate the necessity to rush through the selection process, inasmuch as the outcome of the said judgment would have a direct bearing on the qualification to be prescribed for JMFC and civil judge (junior division)," the bench said.
     The question whether a specific number of years should be prescribed as a minimum qualification for enabling a candidate to apply for the post of JMFC and civil judge (junior division) was pending before a three-judge bench of the apex court.
     The bench said the three-judge bench had elaborately heard the matter and contentions of all the states aside from the high courts and reserved the matter for judgment.
     "We stay the proceedings initiated by the high court for recruitment to the post of JMFC and civil judge (junior division)," it added.
     The bench issued notice to the Gujarat High Court through its registrar general and the state government for their replies on an application which said an advertisement for the post of civil judge (junior division) was issued by the high court in January 2025.
     The top court posted the hearing on March 18.
     The bench was hearing an application filed by advocate Ajit Pravin Wagh which referred to a February 24 order of the Gujarat High Court.
     The high court had directed the Bar Council of Gujarat to issue provisional certificate of practice to two petitioners, who claimed to have completed LLB from an "unrecognised college" for participating in the recruitment process for the post of civil judge.
     The top court observed material on record would reveal no minimum number of years of practising as a lawyer was prescribed as a qualification for applying to the post of JMFC and civil judge (junior division) in the advertisement issued by the Gujarat High Court.
     "As such the order dated February 24, 2025 of the high court directing the Bar Council of Gujarat to issue provisional certificate of practice to the petitioners and directing the High Court of Gujarat to allow the petitioners even to the limited extant of participating in the recruitment process for the post of civil judges, is unsustainable in law," the plea said.
     The applicant, through senior advocate B H Marlapalle, brought the issue to the notice of the apex court on February 27.

(This story has not been edited by THE WEEK and is auto-generated from PTI)