Neha Kothari vs. The High Court Of Madhya Pradesh Principal Seat At Jabalpur

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 52322/2023

(Arising out of impugned final judgment and order dated 12-12-2023 in WP No. 30653/2023 passed by the High Court Of M.p Principal Seat At Jabalpur)

NEHA KOTHARI & ANR. Petitioner(s)

VERSUS

THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR & ORS.Respondent(s)

(IA No.262063/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.262065/2023-EXEMPTION FROM FILING O.T. and IA No.262061/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) )

Date : 15-12-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s) Mr. Siddhartha R Gupta, Adv. Mr. Divyanshu Kumar Srivastava, AOR Mr. Sunil Gupta, Adv. Mr. Shantanu Sharma, Adv. Mr. Kapil Duggal, Adv.

Mr. Karan Verma, Adv.

For Respondent(s)

2023.

UPON hearing the counsel the Court made the following O R D E R

Permission to file Special Leave is granted.

Heard Mr. Siddharth R. Gupta, learned counsel for the petitioners.

The counsel submits that the amendment to the Madhya Pradesh Judicial Services (Recruitment and Conditions of Services) Rules, 1994, putting in place the fresh eligibility criteria of continuous practice as an Advocate for not less than three years was the subject matter of the challenge in the Writ Petition No. 30653 of Digitally signed by GEETA AHUJA Date: 2023.12.16 13:09:12 IST Reason: Signature Not Verified

He submits that the Writ Petition was deferred to January, 2024 but in the meantime, the last date for filling in forms expires on 18.12.2023. Accordingly, it is argued that the petitioners should be permitted to fill their forms and to offer their candidature in pursuant to the advertisement dated 17.11.2023.

Issue notice, limited to permitting the petitioners to apply and appear in the recruitment test, subject to the determination of the contention made by the High Court in the pending Writ Petition No. 30653/2023. Notice is made returnable in three weeks.

In the meantime, both petitioners are permitted to offer their candidature in response to the advertisement dated 17.11.2023. But this interim order does not mean determination of their eligibility, in response to the advertisement.

As the first date of examination is scheduled on 14.01.2024, the results for the petitioners should be kept in a sealed cover.

(VARSHA MENDIRATTA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)