Supreme Court Puts Civil Judge Recruitment Process in Karnataka and Gujarat on Hold, Awaits Judgment on Minimum Practice Requirement

The recruitment process for Civil Judge (Junior Division) in Karnataka and Gujarat has been temporarily halted following a decision by the Supreme Court to reserve judgment on whether candidates must have a minimum number of years of legal practice to apply for the post.

A bench comprising Justices BR Gavai and AG Masih heard the matter and disposed of an interlocutory application. Additional Solicitor General KM Nataraj informed the Court that both Karnataka and Gujarat High Courts have issued notifications suspending their recruitment processes, pending the Supreme Court’s decision.

In its order, the Court noted the submissions:

"The learned ASG submits that the High Court of Karnataka has already put the selection process on hold, awaiting this Court's decision on whether a minimum number of years of practice as a lawyer should be a pre-condition for appearing in the Civil Judge (Junior Division) exam. He further submits that the High Court of Gujarat has similarly stayed its recruitment process, and a notification has been issued."

The order came in response to an application filed by Advocate-on-Record Ajit Pravin Wagh, led by Senior Advocate BH Marlapalle.

Earlier this year, the Supreme Court revisited the question of whether the three-year practice requirement at the Bar, which was abolished in the All India Judges Association case (2002), should be reinstated. On March 4, the Court had stayed the recruitment process for Judicial Magistrate of First Class (JMFC) and Civil Judge (Junior Division) posts in Gujarat, expressing concern over the Gujarat High Court proceeding with recruitment without mandating any legal practice experience.

The advertisement issued by the Gujarat Public Service Commission did not prescribe a minimum practice requirement. The Supreme Court, having reserved judgment on whether fresh law graduates should be eligible for entry-level judicial service, noted that the Gujarat High Court should not have allowed recruitment to proceed while the issue was still under consideration.

The Court’s judgment on this matter is expected to have a significant impact on future judicial appointments across multiple states.