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High Court of Madhya Pradesh & Anr. vs Jyotsna Dohalia & Anr.

Not available · 2025 INSC 1137Decided 23 Sept 2025
Not available
Justice Pamidighantam Sri Narasimha · Justice Atul S. Chandurkar

Background

Under the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, Rule 7 was amended in 2023 so that only candidates with at least three years of continuous practice as an advocate, or those who scored 70% or more in the qualifying law degree examination, could apply for the post of Civil Judge (Entry Level). Some candidates who did not meet this criterion challenged their exclusion, and a Division Bench of the Madhya Pradesh High Court, exercising review jurisdiction, revisited its own earlier order in their favour. The High Court itself (through its Registrar General) approached the Supreme Court, aggrieved that the Division Bench had exceeded the limited scope of review jurisdiction.

Decision Breakdown

The Supreme Court held that the review petition filed by the candidates did not disclose any error apparent on the face of the record, the essential ground for invoking review jurisdiction, and that the Division Bench ought not to have reopened and altered its earlier decision. The Court noted that the recruitment process, including a separate examination window for physically impaired candidates, had proceeded on a distinct track and could not be used as a ground for review. An affidavit filed by the Registrar also confirmed no ineligible candidate would be called for interview, addressing the underlying apprehension. The Court set aside the High Court's review order, dismissed the review petition, and directed the recruitment process to be concluded promptly.

Lesson Learnt

Review jurisdiction is narrow and can only be invoked for an error apparent on the face of the record. It is not a backdoor to re-argue a case or expand eligibility criteria that were validly framed by rule-making authority.

Official source (sci.gov.in)View Judgment (PDF)

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