Today, On 19th September, The Supreme Court, allowing Chhattisgarh Judicial Service candidates to sit for the exam without Bar Council enrollment, said, “When vacancies were first notified, enrollment wasn’t required.” The decision gives interim relief ahead of the preliminary exam this Sunday.
The Supreme Court heard a plea challenging the Chhattisgarh High Court’s order that upheld the State Public Service Commission’s (PSC) decision to deny admit cards for the Judicial Service Preliminary Examination to candidates who were not enrolled with the Bar Council when the notification was issued.
The bench, comprising Chief Justice of India (CJI) BR Gavai, Justice Vinod Chandran, and Justice NV Anjaria, examined arguments from both sides regarding the eligibility of candidates.
Counsel for the petitioners argued,
“This goes against Deepak Aggarwal ruling that public officers & prosecutors can be considered as lawyers. When vacancies were first notified, enrollment wasn’t required. The amendment added it later. HC asked Govt to reconsider, but they didn’t apply it to our advertisement. The exam is on Sunday.”
On behalf of the government, the counsel submitted,
“As per All India Judges case, ongoing recruitment processes aren’t affected by such rule changes.”
CJI BR Gavai responded,
“Lawyers later selected as PPs stand differently from those never enrolled but directly recruited elsewhere.”
The petitioners’ counsel further clarified,
“I got my law degree, then joined service.”
The CJI noted,
“The amendment is dated 5 July 2024, while the advertisement was issued on 3 Dec 2024. The rule itself is under challenge.”
Giving interim relief, the Supreme Court directed the PSC to allow petitioners who have all required qualifications except enrollment as an advocate under Clause 4(d) to appear for the exam.
The Court clarified,
“We make it clear that their appearance in the exam will not create any equities. Further, for selection processes initiated before our May 20, 2025 judgment, the Commission shall not enforce the 3 year Bar practice requirement.”
This order ensures that candidates who were qualified but not yet enrolled with the Bar Council at the time of the notification can still take the Chhattisgarh Judicial Service Preliminary Examination without facing disqualification due to the amended rule.