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2025 DAILYLAW 5127 (CHH)

MS. VINITA YADAV v. THE STATE OF CHHATTISGARH

WPS/608/2025 · 2025-05-26

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:22415-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 608 of 2025 Ms. Vinita Yadav D/o Shri Devi Prasad Yadav Aged About 43 Years Occupation Government Servant, R/o B59 Anup Vihar AWHO Colony, Gaur Jabalpur, (M.P.) 482021 ... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, Law And Legislative Affairs Department, Chhattisgarh, Mahanadi Bhawan Mantralay Nava Raipur, Atal Nagar (C.G.) 2 - Chhattisgarh Public Service Commission Through The Secretary Nava Raipur Atal Nagar (C.G.) 3 - The High Court Of Chhattisgarh Through The Registrar General, High Court Premises, Bodri, District-Bilaspur (C.G.) ... Respondents For Petitioner : Mr.Kanwaljeet Singh Saini, Advocate For Respondent No.1/State For Respondent No.2 For Respondent No.3 : : : Mr.R.S.Marhas, Additional Advocate General Mr.Aniruddha Shrivastava, Advocate holding the brief of Mr.S.S.Baghel, Advocate Mr.Anurag Dayal Shrivastava, Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.05.27 17:00:06 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Rakesh Mohan Pandey, Judge Order on Board Per Ramesh Sinha , Chief Justice 27.05.2025 1. Heard Mr.Kanwaljeet Singh Saini, learned counsel for the petitioner as well as Mr.R.S.Marhas, learned Additional Advocate General appearing for respondent No.1, Mr.Aniruddha Shrivastava, learned counsel holding the brief of Mr.S.S.Baghel, learned counsel for respondent No.2 and Mr.Anurag Dayal Shrivastava, learned counsel appearing for respondent No.3. 2. The petitioner has filed this petition with following reliefs:- “10.1 Hon’ble Court may kindly be pleased to issue a writ or any other appropriate writ, order or direction declaring that the mandatory requirement of enrollment as an advocate under the impugned notification dated 05/07/2024 issued by the Law and Legislative Affairs Department, Chhattisgarh amending/substituting the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006 is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India and is liable to be struck down. 10.2 That, this Hon’ble Court may kindly be pleased to permit the petitioner to appear for the Chhattisgarh Civil Judge (Junior Division) Examination, 2024, without requiring enrollment 3 as an Advocate. 10.3 To pass any other writ, order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.” 3. In view of the judgment passed by the Hon’ble Supreme Court on 20.05.2025 in the matter of All India Judges Association and Others v. Union of India and others, reported in 2025 SCC OnLine SC 1184, respondent No.2-Chhattisgarh Public Service Commission is directed to proceed in accordance with law and respondent No.1-State Government may also issue necessary directions in pursuance of the said judgment. 4. Accordingly, the present writ petition stands disposed of. Interim relief, if any, granted earlier shall stand vacated. No cost(s). Sd/- Sd/- (Rakesh Mohan Pandey) (Ramesh Sinha) Judge Chief Justice Bablu