Judicial Recruitment - The Legal Chamber

Supreme Court Reins In High Court’s Review Power in Judicial Recruitment Case

13Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reins In High Court’s Review Power in Judicial Recruitment Case

The Supreme Court held that the High Court exceeded its review jurisdiction by re-adjudicating matters already decided in the original writ petition. The Court reiterated that review is not an appeal and cannot be invoked to re-examine a contention merely because a different view is possible. The scope of review is limited to correcting errors apparent on the face of the record. Facts Of The Case: The Madhya Pradesh High Court issued an advertisement for recruiting Civil Judges (Entry Level) under amended rules that prescribed new eligibility criteria. The respondents, Jyotsna Dohalia and another, participated in the preliminary examination but failed to secure the cut-off marks of 113. Their writ petition challenging the result was dismissed by the High Court on May 7, 2024, which held ...

Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?

The Supreme Court referred to a 5-Judge Constitution Bench the interpretation of Article 233(2) of the Constitution. It identified two substantial questions of law concerning the eligibility of judicial officers with prior bar experience for direct recruitment as District Judges, and the relevant time for determining such eligibility. Facts Of The Case: The present batch of petitions primarily sought a review of the Supreme Court's 2020 judgment in Dheeraj Mor v. Hon’ble High Court of Delhi. In that decision, a three-judge bench had upheld rules that barred members of the state judicial service from applying for the posts of District Judges reserved for direct recruitment from the bar under Article 233(2) of the Constitution. The review petitioners, along with other connected writ petiti...

Big Win for Judges: Supreme Court Reduces Experience Needed for Higher Judicial Posts

The Supreme Court modified judicial service rules, increasing the Limited Departmental Competitive Examination (LDCE) quota for District Judge promotions from 10% to 25%. It reduced the required experience for LDCE eligibility to 3 years as Civil Judge (Senior Division) and mandated 10% accelerated promotions for Civil Judges (Junior Division). The Court also reinstated a 3-year minimum Bar practice requirement for Civil Judge (Junior Division) aspirants, counting from provisional enrollment. Vacancies under LDCE will be filled via regular promotion if unfilled. States must amend rules within three months to comply. The judgment aims to incentivize merit while ensuring judicial efficiency. Facts Of The Case: The case originated from a series of interlocutory applications (IAs) filed in t...