: The Supreme Court on Thursday declined to stay the entrance examination to be conducted by the Madras High Court for the recruitment of 185 Civil Judges in the State.
A Bench of Justices Dalveer Bhandari and Dipak Misra, while refusing to stay the Madras High Court judgment upholding the notification, however, issued notice to the Tamil Nadu Public Service Commission, the State and the Registrar General, High Court on a batch of special leave petitions questioning the judgment dated February 21.
Senior counsel Altaf Ahmed told the Bench that in the process of recruitment of civil judges, the TNPSC had been completely excluded. He argued that under Article 234 of the Constitution the TNPSC which had been mandated to make the recruitment could not be by-passed.
When Justice Bhandari wanted to know how the High Court took over the power to conduct the examination, counsel said the High Court requested as a one-time measure to make the appointments since the TNPSC was not in a position to conduct the examination. He said a notification was issued on January 21 calling for applications for appointment of Civil Judges. The Bench also refused to entertain another appeal against a judgment of the Madras High Court upholding the age limit of 27 years for candidates taking the civil judges examination. When the Bench said it would dismiss the petition, the counsel withdrew the special leave petition and the Bench dismissed it as withdrawn.