While batting most strongly in favour of parity between the law graduates and not at all favouring the blind, brutal and blatant discrimination on the basis of 3-year practice or 70% in LLB which makes practically just no sense at all, we saw how none other than the Supreme Court itself in a most learned, laudable, landmark, logical and latest judgment titled Monika Yadav & Ors. vs High Court of Madhya Pradesh & Anr. in Writ Petition (C) No. 1380 of 2023 With Writ Petition (C) No. 1398 of 2023 in the exercise of its civil original jurisdiction that was pronounced as recently as on December 15, 2023 has provisionally permitted all the law graduates from appearing in the exam who were earlier barred for not meeting the mandatory requisite of three of advocacy practice and so also specifically those law graduates who fell short of achieving the minimum aggregate of 70% marks in their LLB examination to partake in the Civil Judge, Junior Division (Entry Level) Recruitment Examination – 2022 who possess the eligibility as per the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, as stood prior to the date of amendment i.e. 23.06.2023, without insisting to have the amended qualification specified in Rule 7(g) and the proviso thereto of the Amended Rules. We thus see that the top court did not favour the latest amendment made this year only in Madhya Pradesh and has thus once again most laudably placed all the law graduates on the same footing as that of others just like it was the case earlier. It must be definitely asked: When we don’t see any such discrimination of the worst kind perpetrated even in the toughest of exams like the most prestigious Civil Services exams which has earned the unique distinction of being the toughest exams to crack that no one is barred just on the sole criteria of percentage alone then why should such discriminatory trend be allowed to take deep roots in the judiciary? It must be definitely mentioned here that the Bench of Apex Court comprising of Hon’ble Mr Justice JK Maheshwari and Hon’ble Mr Justice KV Viswanathan were dealing with a Special Leave Petition challenging the vires of the Madhy Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994. We must also note here that Rule 7(g) mandated a prerequisite of 3 years of practice as an advocate for law graduates who did not achieve a minimum aggregate of 70% marks in their LLB examination as a condition for eligibility in recruitment to the subordinate judiciary as Civil Judges. We must certainly note here that while senior Supreme Court lawyers SK Gangele and so also Raju Ramachandran appeared for the petitioners challenging the mandatory requirement that had been inserted, we saw how similarly another senior Supreme Court Advocate and former Chief Justice of Orissa High Court – Dr S Muralidhar appeared for the High Court of Madhya Pradesh while the Additional Advocate General
– Saurabh Mishra appeared for the State. It must be also apprised here that the Madhya Pradesh High Court on December 15 had informed the Apex Court that all the candidates will be now allowed to appear for the Civil Judge Junior Division (Entry Level) Recruitment Exam 2023 regardless of having a minimum of 3 years of practice at the Bar after enrollment or 70% marks in the LLB exams. We must also note that the senior Apex Court advocate – Dr S Muralidhar while appearing on behalf of the Madhya Pradesh High Court on instructions submitted before the Bench that the High Court shall allow “all the candidates to participate for Civil Judge, Jr. Division (Entry Level) Recruitment Examination – 2022 in furtherance to the Advertisement dated 17.11.2023 who possess the eligibility as per the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 as stood prior to the date of amendment i.e. 23.06.2023”. It must be also noted that the Apex Court in this notable judgment had observed that, “Learned senior counsel appearing for the petitioners seeks permission to withdraw these Writ Petitions with liberty to approach the High Court to challenge the vires of Rule 7(g) of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994. The prayer made is not opposed by the other side and seems reasonable. Therefore the Writ Petitions are disposed of as withdrawn with liberty as prayed for.” SLP (C) No. 27337 of 2023 It would be pertinent to note that the Apex Court Bench after hearing all the sides observes that, “ We have heard Sh. N. K. Mody, Sh. S. K. Gangele and Mr. Raju Ramachandran, learned senior counsel appearing for the petitioners and Mr. Saurabh Mishra, learned Additional Advocate General appearing for the State as well as Dr. S. Murlidhar, learned senior counsel and Mr. Arjun Garg, learned counsel appearing for the High Court of Madhya Pradesh.” Further, the Bench then hastens to add in the next para of this brilliant judgment that, “Yesterday i.e. on 14.12.2023, we have issued notice to the State Government as well as to the High Court, requesting the Registrar General to represent in the case. Today, Dr. S. Murlidhar, learned senior counsel appearing on behalf of the High Court, on instructions, has stated that the High Court shall allow all the candidates to participate for Civil Judge, Jr. Division (Entry Level) Recruitment Examination – 2022 in furtherance to the Advertisement dated 17.11.2023, who possess the eligibility as per the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, as stood prior to the date of amendment i.e. 23.06.2023, without insisting to have the amended qualification specified in Rule 7(g) and the proviso thereto of the Amended Rules.” Going forward, the Apex Court Bench then also adds further in the next para of this remarkable judgment that, “It is also stated by him that the order passed by this Court shall be uploaded on the website of the Madhya Pradesh High Court and, if necessary, a corrigendum be issued and shall be widely publicized today itself in the daily newspapers, thereby the candidates may not lose their chance to apply online prior to the last date of submission of Application Forms i.e. 18.12.2023.” Most significantly and most laudably, the Apex Court Bench then goes on to mandate in the next para of this most commendable judgment holding that, “In view of the statement made by learned senior counsel appearing on behalf of the High Court, we provisionally permit all the candidates to fill up the Application Forms (including those who have not approached the court) and provisionally permit to participate in the Preliminary and written examination, subject to outcome of the challenge to the vires of Rules before the High Court of Madhya Pradesh.” What’s more, the Apex Court Bench then also further envisages in the next para of this courageous judgment that, “Learned senior counsel further submits that the case shall be heard by the High Court and disposed of in the Judicial Side, as far as possible by the end of February, 2024.” In addition, the Apex Court Bench then further points out in the next para of this robust judgment that, “The above statement made by learned senior counsel is taken on record. In terms of the said statement, the Special Leave Petition stands disposed of.” Finally, we then see that the Apex Court Bench concludes by holding in the final para of this brief judgment that, “Pending interlocutory application(s),if any, is/are disposed of.” All said and done, we must note here that while the last date to apply for the Madhya Pradesh Civil Judge exam is December 18, 2023 and we witnessed how earlier the Madhya Pradesh High Court had refused to grant a provisional leave to the petitioners to participate in the examinations due on January 14, 2024. As an inevitable fallout, we then also naturally witnessed how following that a Special Leave Petition was filed in the Supreme Court. We then saw that writ petitions were also filed challenging the amendments. Ultimately, we see that the Apex Court has ruled most rationally in favour of the petitioners and has most commendably also allowed the law graduates who did not approach the Apex Court to appear in the exam of the Civil Judge Junior Division (Entry Level) Recruitment Examination in Madhya Pradesh irrespective of fulfilling the criteria of 3-year practice or 70% in LLB that was made which makes practically just no sense at all. Of course, this has certainly come as a big respite for those law graduates who did not fulfill the criteria of 3-year practice or could not secure 70% marks or above in LLB exams and this is the real beauty of this most exceptional judgment that makes it so special having a direct bearing on the lives of lakhs of law graduates for which the Apex Court Bench comprising of Hon’ble Mr Justice JK Maheshwari and Hon’ble Mr Justice KV Viswanathan deserves to be truly applauded and worth remembering for many years to come! No denying it!
