Lawstreet Journal

Advocate Needs To Be In 'Continuous Practice' For 7 Years On Date Of Application To Seek Appointment As District Judge: Allahabad HC

Lawstreet Journal 28 Mar 2022 7:51pm

Image courtesy: Lawstreet Journal Judiciary Advocate Needs To Be In 'Continuous Practice' For 7 Years On Date Of Application To Seek Appointment As District Judge: Allahabad HC

The Allahabad High Court clarified in the case Bindu v. High Court Of Judicature At Allahabad that continuous practice as a lawyer for 7 years without a break, is necessary to seek appointment as a District Judge under Article 233 (2) of the Constitution.

A Division Bench of Justices Dr Kaushal Jayendra Thaker and Ajai Tyagi was hearing a plea filed by a petitioner who was practicing as a public prosecutor since 2019 and had applied for being appointed as a judicial officer in the Uttar Pradesh State Higher Judicial Service.

After the petitioner cleared the exam, the High Court did not allow her to appear for final exams on finding that petitioner did not have continuous practice of seven years on the date of filling the form.

The High Court placed reliance, in this regard, on the judgment of the Supreme Court in Deepak Aggrawal v Keshav Kaushik.

The petitioner, thus, moved the High Court seeking quashing of the rejection of her candidature and a direction to the respondents to allow her to participate in the selection process.

The Court on examining the grounds of challenge, found that it was clear that the petitioner could not seek appointment as Judicial Officer/District Judge as she did not fulfil the criteria under Articles 233, 234 and 236 of the Constitution, since between the years of 2017 to 2019, she was employed and so there was a break in her legal practice.

Nonetheless, the question that arose for consideration was whether the break in the petitioner’s… Continue Reading...

Tagged: Allahabad High Court  
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