Lawstreet Journal

SC decides to hear review pleas on its judgment debarring civil judges to compete for district judges [READ JUDGMENT]

Lawstreet Journal 26 May 2021 6:15pm

Image courtesy: Lawstreet Journal Judiciary SC decides to hear review pleas on its judgment debarring civil judges to compete for district judges [READ JUDGMENT]

The Supreme Court has agreed to consider in open court review, pleas against its 2020 judgment which barred judicial officers from the post of district judges. 

The matters were listed to be taken up after  vacation from Monday (May 24, 2021) by the three-judge bench of Justice L. Nageshwar Rao, Vineet Saran, and Ravindra Bhat.

The issue regarding whether Civil Judges can apply for direct recruitment for the post of District Judge through quotas reserved for the members of the Bar was considered by the Apex Court in Dheeraj Mor v. Hon’ble High Court of Delhi. 

The three-judge bench of Justice Arun Mishra, Justice Vineet Saran, and Justice S. Ravindra Bhat, through its judgment dated February 19, 2020, held that “When someone joins a particular stream, i.e, judiciary by his own volition, he cannot sail in two boats. His chance to occupy the post of District Judge would be a two-fold channel, either in the 50% seniority/merit quota, or promotion, or the quota for limited competitive examination. There is a stream (of appointment) for in-service candidates of higher judiciary in the High Court and another stream clearly earmarked for the Bar.”

The case also involved a substantial question of law regarding the interpretation of Article 233. Article 233 of the Constitution provides that persons to be appointed as District Judges shall be so appointed by the Governor of that State in consultation with the High Court. It also provides that a person shall be eligible to be appointed as… Continue Reading...

Tagged: Supreme Court of India  
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