Supreme Court Rejects Challenge To J&K Civil Judge Notification Without 3-Year Practice Rule; Notes It Was Issued Before Judgment

The Supreme Court today reiterated that its direction mandating 3 years' practice as an advocate to enter judicial service will apply prospectively, and that the notifications issued before May 20(the date of judgment) can proceed without this condition.

Holding so, the Court refused to entertain a challenge to a recruitment notification issued by the Jammu and Kashmir PSC, which did not mandate the 3-year practice rule. 

The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria was hearing a writ petition challenging the recruitment notification issued on May 14 for the post of Civil Judge (Junior Division) in Subordinate Judiciary rolled out by Jammu & Kashmir Public Service Commission. 

On May 20, the Supreme Court delivered its judgment mandating 3 years of legal practice before applying for judicial exams.

The petitioners, who are practising advocates in the trial courts of J&K, challenged the notification dated May 14 on the grounds that the recruitment rules do not incorporate the direction of the 3-year Practice Rule by the Supreme Court. 

At the outset, the bench was inclined to dismiss the matter as it verbally remarked that it is not the case that the High Court was aware of what the Supreme Court would decide on May 20. 

The CJI said: "You are saying that it was done only to defeat the purpose of the judgement. Was the full court of the High Court aware that the CJI is likely to pronounce the judgment on May 20?" 

The CJI then explained that the direction will only apply prospectively to future judicial recruitments and does not disturb any selections that have already started. 

"We have clarified in the judgment that this will not be applicable to any process which has already started and will be applicable only for the next recruitment year," the bench observed in the order.

The Court, however, allowed the counsel to withdraw the petition. 

The reliefs sought by the petitioners were : 

a. Issue a writ of certiorari or any other appropriate writ quashing Notification No. 07-PSC(DR-P) of 2025 dated 14.05.2025 issued by Respondent No. 3 for the post of Civil Judge (Junior Division);

b. Issue a wnt of mandamus directing Respondents to issue a fresh notification for recruitment of Civil Judge (Junior'Division) in accordance with Para 89(yii) of the judgment dated 20.05.2025 All India Judges Association v. Union of India, requiring 3 years' Bar experience;

The writ petition was filed with the assistance of AOR Raj Kishor Choudhary. 

Case Details : NAVEED BUKHTIYAR AND ORS. Versus THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AND ORS.| W.P.(C) No. 633/2025