Supreme Court of India: Serving Judicial Officers Can Appear For District Judges Examination

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Supreme Court of India news
Supreme Court of India news

Supreme Court of India News:

Serving Judicial Officers Can Appear For District Judges Examination
In a civil writ petition along with a pending SLP on the eligibility of serving judicial officers to apply for direct recruitment as District Judges, the Vacation Bench of Supreme Court comprising of Justices L.Nageswara Rao and Navin Sinha, on 24th May 2017, issued notice, and permitted the petitioners to appear in the examination.

But, the result of the examination, so far as the petitioners are concerned, will not be announced till the further orders of Supreme Court. The Special leave Petition under Article 136 of the Indian Constitution, Dheeraj Mor v. Hon’ble High Court of Delhi, has been pending since 2015.

Petitioners in this and related cases have claimed that they have, before being appointed to judicial service, worked as an advocate or a pleader for seven years, thus qualifying themselves for direct recruitment under Article 233. ln the alternative, they have to aspire for promotion as District Judges. The Delhi High Court refused to declare Article 233(2) as ultra vires and antithetical to Article 14, as it has been a part of the original Constitution, since its adoption on November 26, 1949.

Also, In August, 2016 a two Judge Bench of Supreme Court comprising J. Chelameswar and J. Abhay Manohar Sapre considered the question ‘whether a person in Judicial or Government Service, can participate in District Judge selection process or he has to resign his job before applying for it? The Bench held that Article 233(2) of the Constitution of India only prohibits the appointment of a person as District Judge, who is already in the service of the Union or the State, but not the selection of such a person

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