The Supreme Court, on March 3, issued a stay on the recruitment process for the post of Judicial Magistrate of First Class (JMFC) in Gujarat. The Court expressed its dissatisfaction with the Gujarat High Court for allowing the recruitment process to proceed without requiring candidates to have a minimum number of years of practice as advocates.

The issue arose after the Gujarat Public Service Commission (GPSC) issued an advertisement for the recruitment of JMFC without mandating any prior legal practice experience. The Supreme Court noted that it has already reserved judgment on the broader issue of whether fresh law graduates should be allowed to apply for entry-level judicial positions without prior courtroom experience.

A bench comprising Justice B.R. Gavai and Justice Augustine George Masih observed that the Gujarat High Court should have refrained from proceeding with the selection process while the Supreme Court was deliberating on the matter.

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"The question as to whether some number of years should be prescribed as a minimum qualification for enabling a candidate to apply for the post of JMFC, Civil Judge, Senior Division, is pending before a three-judge bench of this Court. The bench has elaborately heard the matter, including arguments from all State Governments and High Courts. The judgment has been reserved. When the Court is seized of this issue, we don’t appreciate the necessity to rush through the selection process as the outcome of the judgment could have a direct bearing on the qualifications prescribed for Judicial Magistrates."

Based on this observation, the Supreme Court issued notices to both the Gujarat High Court and the State of Gujarat, staying all recruitment proceedings for JMFC posts. The notice to the State has been issued through the Chief Secretary, while the notice to the High Court has been sent via the Registrar General of the Gujarat High Court.

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The matter is now scheduled for a hearing on March 18.

The order was passed in response to an interim application filed by Advocate Ajit Pravin Wagh in the ongoing case of All India Judges Association vs. Union of India (W.P.(C) No. 1022/1989). Additionally, the Court permitted the withdrawal of a Special Leave Petition filed by certain candidates who had challenged the Gujarat High Court’s order.

The Supreme Court’s decision underscores the significance of determining whether prior legal experience should be a prerequisite for entry into judicial service. The final verdict on this matter is expected to set a precedent for similar recruitment processes across the country.