Sikkim HC rejects lawyers' plea against COI rule for judicial posts

The Sikkim High Court has thrown out a writ petition by practising lawyers who challenged the requirement that candidates for entry-level posts in the Sikkim Judicial Service hold a Certificate of Identification (COI) and a valid Local Employment Card, LiveLaw reported on Monday. The court did not rule on whether the requirement itself is constitutional.

Chief Justice A Muhamed Mustaque dismissed the petition in limine, that is, at the admission stage, in a decision dated November 4.

What was challenged

The petitioners, who said they practise in the High Court and district courts of Sikkim, questioned an employment notification the High Court issued on its administrative side on September 17, 2026. It invited applications for five vacant entry-level posts under the Sikkim Judicial Service Rules, 1975.

They objected to the eligibility condition requiring a COI and a Local Employment Card and sought an interim stay on the process.

Why the court said no

The court gave several reasons for not entertaining the plea:

• The last date for applications had already passed when the case was heard.
• None of the petitioners had applied for the posts, and no one's application had been rejected on eligibility grounds.
• Challenges to eligibility conditions in a recruitment must be raised promptly, so that a selection process is not disrupted midway.
• The petitioners lacked locus standi, and a service matter of this kind could not be turned into a public interest litigation.

The court, however, said the question of the COI requirement's constitutional validity was left open, to be taken up at an appropriate stage in a suitable case.

Background

In Sikkim, the COI is the document that identifies a person as a Sikkimese for the state's own rules and benefits, and it is widely required for state government jobs. The Local Employment Card is used for the state's policy of reserving government employment for local residents.

The ruling means the recruitment for the five judicial posts can go ahead on the conditions advertised. Any future challenge to the COI condition will have to come from someone directly affected, and in time.