A bank manager filled a petition questioning the eligibility of being a civil judge. The question arose in front of Gujarat High Court that whether a bank manager who works in a real estate sector can stand eligibility criteria for becoming a civil judge or not.
The High Court looked upon certain factors:
Rule 7 of the Gujarat State Judicial Service says that recruitment of Civil Judges shall be made on the basis of the aggregate marks obtained in a competitive examination conducted by the High Court and The candidate must have a law degree obtained from any university established in India.
Further it states that the candidate must be a practising advocate either in civil or criminal courts or Be working in court or allied departments.
Keeping the above eligibility criteria in mind the Gujarat High Court rejected the petition on the grounds that the bank manager does not fulfil the criteria for Appearing in Gujrat judicial services exam.
The petitioner has stated that he is law graduate from Gujarat National Law University, Gandhinagar, and has Certificate of Practice by the Bar Council of India. Later in 2018 the petitioner fared successful in the examination for recruitment of Specialised Cadre Officer in the State Bank of India and is currently working as Manager (Law) in the real estate department of State Bank of India.
The advocate of the petitioner argued that the criteria of being working in court or allied departments defeat the object of appointing talented persons to the post and this should have a practical approach.
The Gujrat high court quoted The English court statement in earlier cases that the objective is not to call talent from everywhere but to call the proficiency and experience in the candidate in relation to the court.
The allied departments’ must have the reference to the conceptuality of the court. Hence The petition stood meritless.