SC allows prosecutors to provisionally appear for Chhattisgarh judicial services exam

New Delhi, Sep 19 (PTI) The Supreme Court on Friday permitted few candidates to provisionally appear in the Chhattisgarh Judicial Service Examination on September 21.

A bench comprising Chief justice B R Gavai and Justices K Vinod Chandran and N V Anjaria directed the Chhattisgarh Public Service Commission (CGPSC) to allow them to appear provisionally in the preliminary examination meant for entry level judicial services.

The petitioners were not issued admit cards since the exam notification mandated the candidates to be advocates enrolled with the state bar council on the date of advertisement of vacancies.

Those, who are appointed public prosecutors, are needed to suspend their enrolment and consequently, the CGPSC did not issue admit cards to them.

"As an interim order, we direct that the CGPSC shall permit such of the petitioners who are possessing the requisite qualification except the one provided under clause, i.e., enrolled as an advocate under the Advocates Act 1961. However, we clarify that the appearance of the petitioners in the examinations will not create any equities in their favour," the bench said.

It also asked the state service commission not to insist on the condition of three years practice as a lawyer since the notification was issued before the May 20 judgment of the top court.

On May 20, the CJI-led bench had barred fresh law graduates from appearing in entry level judicial services examination, fixing a minimum three-year law practice criteria.

The verdict, however, had clarified that it will not be applicable to those recruitment processes which began before its pronouncement.

The petitioners, who include Public Prosecutors, Government Advocates, and other law graduates in government service, had been denied admit cards on the ground that they were not “enrolled Advocates” on the date of advertisement for the recruitment, that is December 23, 2024.

Under the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006, as amended by a Gazette Notification dated July 5, 2024, candidates were required to hold a law degree and be enrolled as Advocates under the Advocates Act, 1961, as of the date of advertisement.

However, candidates appointed as Public Prosecutors and Government Advocates are required by law to suspend their Bar enrolment upon joining such posts.

Consequently, the CGPSC refused to issue them admit cards, reasoning that they did not meet the eligibility criteria.

Their petitions were dismissed by the Chhattisgarh High Court on September 16, prompting the aggrieved candidates to approach the top court. PTI SJK SJK AMK AMK