MHC directs TNPSC to conduct civil judges exams every year
The Apex Court categorically held that only a practising advocate who is having experience alone can discharge the duties and functions of judges efficiently with confidence and circumspection.
Madras High Court (File)
CHENNAI: Even as it dismissed a batch of petitions from candidates who aspired for lower judiciary posts, the Madras High Court (MHC) directed the State government to conduct examinations for civil judges posts every year to minimize the pending litigations.
A division bench of MHC comprising Justice S Vaidyanathan and Justice K Rajasekar observed that certain cases are pending for more than three decades in view of the fact that future vacancies are known on account of the retirement of judicial officers.
The Apex Court categorically held that only a practising advocate who is having experience alone can discharge the duties and functions of judges efficiently with confidence and circumspection.
The petitioners are not entitled to any relief and we do not want to bring the selection process to a standstill, if the plea of the petitioners is accepted, it would amount to opening a pandora box and several other similar candidates would start knocking at the doors of this court. The Apex Court distinctly and explicitly delineated that the consideration of concession was on account of the Covid-19 pandemic and such relaxation cannot be demanded as a matter of right.
Petitioners K Indulekha, V Suriyanarayanan, J.Kesavalakshmi, and K.Sathiyamoorthy moved the MHC seeking to direct the Tamil Nadu government to make some relaxation in the selection examination of civil judges and permit them to participate as eligible candidate. As all the petitions have common ground to quash the notification issued by the Tamil Nadu Public Service Commission (TNPSC), all the petitions are clubbed and heard by the court.
According to the petitioners, in 2023, the TNPSC issued a notification for the selection exam for the posts of civil judges which states some impugned portions that candidates must have obtained a bachelor's degree of law within a period of three years prior to the date of notification. The age relaxation, found in the notification was against the principle of social equity, as no relaxation was provided for the people belonging to the communal minorities, such as scheduled castes and scheduled tribes. The petitioners also emphasised that TNPSC has failed to include the Covid - 19 pandemic situation period.
The standing counsel Vijay for Madras High Court contended that not only the age relaxation but also any other educational qualification cannot be granted, as it is for the legitimate right of an authority to decide and the court, in the exercise of judicial review cannot usurp that power.
R Bharanidharan, the counsel appeared for TNPSC, said that if the recruitment process is stalled, the efforts taken by the TNPSC to fill up vacancies would turn out to be a futile exercise and there would be no end to finalize the selection process.
