Civil Judge aspirant who was found to have cleared one of her law papers in her second attempt, ruled ineligible to become a Judge
Bombay High Court Division Bench has dismissed the petition of a woman who was removed from the short list of candidates for civil judge; the candidate had missed a paper as she was taking part in extra-curricular activities.
Bombay HC has expounded that only those persons who clear all their law exams leading up to their law degree in their first attempt can become judges.
High Court Bench Division Bench comprising of Justice SC Dharmadhikari and Justice Shalini Phansalkar Joshi were hearing the case of a woman who was a meritorious student and good at extra-curricular activities but whose name was removed from the short list of candidates for the post of Jr. Division Civil Judge after authorities discovered that she had cleared one of her law papers in her second attempt, thus ruled that she was ineligible to become a judge.
Petitioner had sought to challenge the definition of the term “first attempt” as used in the Maharashtra Judicial Services Rules for fresh law graduates who want to join judicial services.
However Bombay High Court Bench expounded that, “Petitioner had an opportunity to appear for examination, refraining from appearing for examination on the account of some or the other reason, which may be genuine and bonafide, would mean that examinations leading to the degree in law have not been cleared in first attempt.”