Tag: Rameshwar Dayal case

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

This Supreme Court Constitution Bench judgment reinterpreted Article 233(2) of the Constitution. It held that judicial officers are not barred from applying for the post of District Judge through direct recruitment. The Court clarified that the seven-year practice requirement under Article 233(2) applies only to candidates not already in judicial service, thereby overruling contrary precedents like Dheeraj Mor. Facts Of The Case: The case arose from a batch of petitions challenging the interpretation of Article 233 of the Constitution, which governs the appointment of District Judges. The core dispute was whether a person already in the state judicial service (a Civil Judge) could apply for the post of District Judge through direct recruitment, a stream historically reserved fo...
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Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?

The Supreme Court referred to a 5-Judge Constitution Bench the interpretation of Article 233(2) of the Constitution. It identified two substantial questions of law concerning the eligibility of judicial officers with prior bar experience for direct recruitment as District Judges, and the relevant time for determining such eligibility. Facts Of The Case: The present batch of petitions primarily sought a review of the Supreme Court's 2020 judgment in Dheeraj Mor v. Hon’ble High Court of Delhi. In that decision, a three-judge bench had upheld rules that barred members of the state judicial service from applying for the posts of District Judges reserved for direct recruitment from the bar under Article 233(2) of the Constitution. The review petitioners, along with other connected writ petiti...
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