Bhopal (Madhya Pradesh): The principal bench of Madhya Pradesh High Court in Jabalpur has dismissed all petitions filed to challenge civil judge examinations. The division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra pronounced the order on Tuesday.
The order was reserved. Petitions were to set aside the amendment in Rule 7 of Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (hereinafter referred to as the Rules of 1994) as notified in the Madhya Pradesh Gazette dated 23.06.2023 and other consequential reliefs.
According to order, High Court made observation that the intent of the amended rule is quality-centric. The hope and desire of High Court is to ensure that the best among the best are selected as judges. It is required in order to ensure that the litigants receive the finest of services from the judges. A qualitative judgment can be delivered only if the judge is well-equipped. Such a competent judge would necessarily be outstanding and have a brilliant academic career. Therefore, the intention of the rule is quality-centric. Under these circumstances, the interest of the litigants is far more important than the interest of the individual petitioner. The court observed that the interest of providing quality justice to the litigants is paramount and imminent.
In the process of achieving a social good, the interest of the writ petitioners and a few others cannot take precedence. The interest of the society and litigants at large would far outweigh the personal desire of the petitioners. In case the contentions of the petitioners are accepted, then, it only ensures maintenance of status-quo of a low standard that has been existing for decades. For decades a minimum qualification was sufficient. There has been no attempt in order to ensure the enhancement of quality. It is for the first time that the High Court has attempted to do so. It is being done in the larger interest of the litigants and the society at large.
