J U D G M E N T

1. The present Public Interest Litigation (“PIL”) has been filed challenging the various provisions of the Notification of “JAG Entry Scheme 33rd Course (October, 2024): Short Service Commission (NT) Course for Law Graduates (Men and Women)”, as issued by the respondent for grant of Short Service Commission in the Indian Army for Judge Advocate General (JAG) Branch.

2. It has been contended on behalf of the petitioner that the respondent has issued Provision 2(c), 9, 10 and 13 along with Note 2 of Provision 2(c) and Note 5 of Provision 15 of the aforesaid Notification, in absolute infringement of the protection guaranteed to the citizens under Article 14, 16 and 21 of the Constitution of India. CLAT PG 2023 exam was the entry test for the National Law Universities across the nation for LLM course. The impugned Notification has mandated CLAT PG 2023 score as the mandatory eligibility qualification under Provision 2(c) retrospectively. The impugned Notification was published on 30th October, 2023, whereas CLAT PG 2023 applications were closed on 18th November, 2022, around 345 days prior to the impugned Notification published by the respondent. Learned counsel for the petitioner contends that no candidate willing to apply for JAG 33 can go back 345 days in time to fill the application for CLAT PG 2023 to make himself eligible to apply for JAG 33. He submits that mere sitting of a candidate in the CLAT PG 2023 cannot qualify any candidate for JAG 33. Therefore, according to him, the entry exam for LLM by National Law Universities cannot be stipulated as a mandate for any vacancy of the State, especially, when the State is issuing the vacancies after 345 days from the closure of the application of CLAT PG 2023. He further contends that Note 4 of Provision 15 to the extent it stipulates that a candidate should have never been arrested or convicted by a Criminal Court, is arbitrary. He submits that ensuring that there is no prejudice against individuals who have been acquitted after arrest, is crucial for maintaining public trust in the justice system.

3. Having heard learned counsel for the petitioner, this Court notes at the outset that the contention of the petitioner that CLAT PG 2023 score has been stipulated as a mandatory eligibility qualification retrospectively, is totally incorrect. Such mandatory eligibility condition of having CLAT PG score of the preceding year, as laid in the JAG ENTRY SCHEME 33rd Course, is not a new condition, as similar eligibility conditions have been stipulated in the previous years also. Thus, the mandatory eligibility condition of CLAT PG score of the preceding year has been specified by the respondent previously in its JAG ENTRY SCHEME 30th Course, 31st Course as well as 32nd Course.

4. Provision 2 (c) along with Note 2 of the said Provision of the JAG ENTRY SCHEME 33rd Course, dealing with the educational qualification, reads as under:

“2. Eligibility … … …

(c) Educational Qualification Minimum 55% aggregate marks in their LLB Degree (three years professional after graduation of five years after 10 plus 2) examination. In addition, CLAT PG 2023 Score is mandatory for all candidates (including LLM qualified and LLM appearing candidates) who apply for courses starting in a particular year. The candidates should be eligible for registration as an advocate with Bar Council of India/State. Candidate should be from a College/University recognized by Bar Council of India.

… … …

Note 2: All candidates desirous of applying for JAG Entry are mandatorily required to get their CLAT PG 2023 result verified at the Selection Centre prior to conduct of SSB. If any candidate is unwilling/is unable to get the CLAT PG 2023 result verified, he/she will not be eligible for SSB and their candidature will be cancelled and no representation will be accepted. It is also informed that there is no provision for offline application to be accepted by the Directorate General of Recruiting.”

5. Reading of the afore