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Serving Judicial Officers Can’t Participate in Selection Process of the Cadre of District Judge: Orissa HC

Team SoOLEGAL 17 Dec 2018 4:00pm

Serving Judicial Officers Can’t Participate in Selection Process of the Cadre of District Judge: Orissa HC

The Orissa HC has laid down that judicial officers still serving their term cannot participate in the selection process of the direct recruitment meant for lawyers in the cadre of the District Judge.

The court’s order came while hearing a clutch of petitions, wherein the petitioners have challenged the recruitment process adopted by the Orissa HC in the District Judge Examination for the year 2018.

The petitioners’ counsel has submitted before the bench that the petitioners, who had seven years of practice at the Bar, were debarred from participating in the selection process of the direct recruitment in the cadre of District Judge citing that they were serving as judicial officers and not practicing as an advocate on the date of submission of their application.

The High Court bench of Chief Justice K.S. Jhaveri and Justice K.R. Mohapatra referring to the relevant recruitment rules then observed that giving any judicial officer the permission to appear in the examination as a lawyer would deprive genuine practitioners, who have practiced for seven years and more and have been waiting for their turn as a direct recruit, and it will really hurt the said class.

Once a person has entered into Judicial Service he has to remain in that cadre and he cannot claim the benefit meant for other category of candidates for direct recruitment. However, once a candidate is a direct recruit, he has to remain as a lawyer and compete with the lawyers through direct recruitment quota. But a judicial officer having all the experience and money, he has not struggled at the Bar as a lawyer for seven years whereas the other man has struggled at the Bar for several years,” the court said.

The court further added that:

It is needless to mention here that when a candidate entered into the service, it is the condition precedent that if he wants to appear the examination he has to follow the Service Rules meant for Judicial Officers. The recruitment should be done in accordance with the Service Rules and not otherwise.”

Source: Live Law

Tagged: Judicial Officers   Orissa High Court   District Judge   Lawyers   Chief Justice KS Jhaveri   Justice KR Mohapatra  
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