SC refuses to entertain plea

Srinagar, Jul 28: The Supreme Court Monday “dismissed as withdrawn” a petition challenging the notification issued by Jammu & Kashmir Public Service Commission (JKPSC) for filling up the post of Civil Judge (Junior Division) in the Subordinate Judiciary on May 14.

The bench comprising Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria, while dismissing as “withdrawn” the petition titled Naveed Bukhtiyar and ors versus the High Court of Jammu and Kashmir and Ladakh and ors held that its direction mandating 3 years’ practice as an advocate to enter judicial service would apply prospectively.

“The Court refused to entertain our petition whereby we had challenged the recruitment notification issued by the JKPSC, which did not mandate the 3-year practice rule ,” advocate Naveed Bukhtiyar, one of the petitioners, told Greater Kashmir.

In its judgment delivered on May 20, the apex court ruled that three years of legal practice is mandatory before applying for judicial exams.

Some practising advocates in the trial courts of J&K had petitioned the apex court and challenged the notification issued by the JKPSC on May 14 on the grounds that the recruitment rules did not incorporate the direction of the 3-year Practice Rule by the Supreme Court.

In their plea, the petitioners were seeking to quash the JKPSC’s notification dated May 14 issued for filling up the post of Civil Judge (Junior Division).

They had also sought a direction to the J&K government and JKPSC to issue a fresh notification for recruitment of Civil Judge (Junior Division) in accordance with Para 89(yii) of the judgment dated 20.05.2025 All India Judges Association v. Union of India, requiring 3 years’ Bar experience.