Jahanvi Agarwal
The Supreme Court recently rejected a petition challenging the requirement of 70% marks in LLB for entry-level positions in Madhya Pradesh judicial services, stating that such criteria help ensure better candidates join the judiciary.
Senior Advocate Santosh Paul, representing the petitioners, argued that subjective marking in law colleges makes it hard for candidates from government colleges to meet this eligibility requirement. He highlighted the disparity in grading standards, pointing out that “some institutes have liberal marking, while others do not, making the 70% requirement unfair.”
The Chief Justice of India (CJI) DY Chandrachud disagreed with this argument, noting that other states, like Maharashtra, have similar rules to maintain the quality of judicial officers- “The purpose of this rule is to have better people join the judiciary. Other states also have similar requirements. The quality really needs to be improved”. A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra dismissed the plea, observing that a similar challenge had already been settled in the case of Garima Khare vs Madhya Pradesh High Court. (add citation or attach judgment)
In the Garima Khare case, the Supreme Court had upheld the Madhya Pradesh High Court’s rule requiring either a minimum of three years of practice or 70% marks in law graduation for eligibility. Justices Hrishikesh Roy and Prashant Kumar Mishra found no reason to interfere with the High Court’s decision, leading to the dismissal of the special leave petition.
In 2023, Rule 7 of the Madhya Pradesh Judicial Services (Recruitment and Conditions of Service) Rules, 1994, was amended to include these additional eligibility qualifications. According to the amendment, candidates must have practiced as an advocate for at least three years by the last date of application submission, or alternatively, they must be outstanding law graduates with a brilliant academic career, having passed all exams on the first attempt with at least 70% marks in aggregate.
Case Name: Varsha Patel v. State of Madhya Pradesh and Ors.
Dairy Number: 14322/2024
Bench: CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra