NIRAJ JAYKUMAR SHARMA Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) Both these petitions under Article 226 of the Constitution of India, assail the stand of the relevant clause of the advertisement issued on the administrative side by the High Court of the advertisement dtd. 12/4/2022. Clause 2(ii) of the advertisement issued by the High Court on the administrative side provides that a candidate must be a practising advocate in Courts' of Civil and / or Criminal jurisdiction on the last date fixed for submission of online applications and must have so practised continuously for a period of not less than seven years immediately preceeding as on the last date for submission of the online application on 4/5/2022.

(2.) Special Civil Application No. 8251 of 2022 has been filed for a direction to quash and set aside the position reflected in the E.mail dtd. 30/3/2022, by which, the candidature of the petitioner has been rejected on the interpretation advanced by the High Court on the administrative side referred to hereinabove.

(3.) Facts in brief of Special Civil Application No. 8251 of 2022 would indicate that the petitioner got enrolled with the Bar Council of Gujarat on 31/8/2003 and started practice as an advocate. She was appointed as a Civil Judge on an adhoc basis on 13/9/2012. On 11/11/2015, the petitioner resigned from the post of Civil Judge. After her resignation from the said post, the petitioner resumed her practice as an advocate before the District Courts, Valsad, Vapi, Silvassa, Daman and also before the Indore Bench of the Madhya Pradesh High Court and the High Court of Gujarat.