SC stays recruitment of judicial magistrate, civil judges in Gujarat

The Supreme Court stayed a Gujarat High Court order on the recruitment process for Civil Judge (Junior Division) – Judicial Magistrate of the First Class on Tuesday.
The court expressed displeasure over the Gujarat High Court proceeding with the recruitment process without specifying the eligibility criteria required for the candidates.
A bench comprising Justice B R Gavai and Justice Augustine George Masih have issued notices to the Registrar General of the High Court, the Chief Secretary of the state, and other concerned parties. The next hearing is scheduled for March 18.
The Gujarat HC’s notification on January 30 did not clarify the minimum number of years of practice required for candidates.
The Supreme Court emphasised if candidates (without prior practice) should be allowed to apply for entry-level judicial service positions is a matter pending before a three-judge bench.
Since the Supreme Court is still deliberating on this issue, the high court should not have proceeded with the recruitment process, the apex court observed.
SC further stated that the question of determining the minimum years of practice required for Civil Judge (Senior Division) applications is pending before a three-judge bench, and detailed hearings have been conducted, including arguments from all state governments and high courts.
This order was issued by the Supreme Court in response to a petition filed by the All India Judges Association. The petitioner sought a stay on a Gujarat High Court single-judge order that allowed certain candidates to participate in the Civil Judge (Junior Division) recruitment process based on provisional practice certificates.
After hearing all parties, the SC imposed a stay on the recruitment process initiated by the Gujarat High Court for Civil Judge (Junior Division) – Judicial Magistrate of the First Class in the state.
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