Supreme Court Dismisses Challenge To 70% LL.B Marks Requirement For MP Civil Judge Exam

The Supreme Court today (July 26) refused to entertain a petition challenging the eligibility requirement of 70% marks in LLB to appear for entry-level posts in the Madhya Pradesh Judicial Services. The Court opined that such an eligibility rule ensures that better people join the judiciary.

Senior Advocate Santosh Paul appearing for petitioners flagged the concern of subjective marking across the law colleges, making it difficult for few candidates belonging to government colleges to make it through the eligibility requirement. The petitioner challenged the rule based on the disparity in marking standards across the institutions in the state. While some private colleges would mark liberally, state colleges had a stricter marking system. 

"The difficulty is, there are certain institutions where the marking is liberal, certain institutions where the marking is not liberal within the state itself. Now how does 70% justify?"  

Seemingly disinclined with the line of argument, the CJI opined that other state judicial service rules have similar requirements such as Maharashtra. He expressed that maintaining such rules ensures that the quality of judicial officers is not compromised. 

"Ultimately the purpose of this (rule) is that better people join the judiciary. Other states also have similar requirements. The quality really has to be improved" 

The Bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the petition after noting that the challenge to the 70% Marks eligibility rules was previously rejected by the Top Court.

It may be noted that the challenge to the said eligibility rule was already settled by the Court's recent decision in Garima Khare v. The High Court of Madhya Pradesh.  Herein the Court declined to interfere with the Madhya Pradesh High Court's order upholding the rule that stipulated eligibility of at least three years of practice or 70 percent marks in law graduation for entry-level judicial service candidates in the State. 

The Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra opined that there was no reason to interfere with the High Court's view and, thus, dismissed the Special Leave Petition filed against the impugned order. 

In the year 2023, an amendment in Rule 7 of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 was made. Through this amendment, an additional eligibility qualification for the post of Civil Judge, Junior Division (Entry Level) was introduced. In terms of the amendment, all those who had practised continuously as an advocate for not less than three years on the last date fixed for submission of applications were eligible to apply. Further, in the alternative, an outstanding Law Graduate with a brilliant academic career, having passed all exams on the first attempt by securing at least 70% marks in the aggregate, was eligible to apply. 

Case Details : VARSHA PATEL Versus STATE OF MADHYA PRADESH AND ANR. SLP(C) No. 14322/2024 

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