IMPORTANT POINT
Termination from post of Additional District and Sessions Judge is not proper when Appellant was neither in services of Bihar Subordinate Judicial Services Cadre on the date on which he applied nor was he in services of Bihar Subordinate Judicial Officer Cadre on the date on which he was selected.

JUDGMENT

B.R. GAVAI, J.

1. Leave granted.

2. The appeal challenges the judgment passed by the Division Bench of the High Court of Judicature at Patna dated 8th April 2021 whereby the High Court dismissed the writ petition filed by the appellant.

3. By the said writ petition, the appellant had challenged the letter No. 23842/Admn (Selection & Appointment Cell) PF (VIII). XIX-78-2016 dated 18th May 2020 and letter No. 24973/Admn (Selection & Appointment Cell) PF (VIII). XIX78-2016 dated 1st June 2020 issued by the High Court of Judicature at Patna, thereby calling upon the appellant to show cause as to why his services from the post of Additional District and Sessions Judge should not be terminated in view of the judgment of this Court in the Case of Dheeraj Mor v. High Court of Delhi, (2020) 7 SCC 401.

4. By way of an amendment to the petition, the appellant has also challenged the letter No.402/Admn.(Apptt.)/XIX-03- 2021 dated 4th January 2021 by which his service in effect was terminated.

5. The facts in brief leading to the present appeal are as under:-

The High Court of Judicature at Patna had invited applications for recruitment to the post of Additional District and Sessions Judge. The appellant, at the relevant time, was an advocate having completed practice of more than 7 years. As such, he was eligible to apply for the said post. Accordingly, he had applied prior to 16th September 2016, which was the last date for submitting the application.

5.1 It appears that on account of certain exigencies, the selection process could not proceed further.

5.2 In the meantime, the State of Uttar Pradesh had invited application for the post of Civil Judge (Junior Division). The appellant had also applied for the said post. After being successful in the selection process, he was appointed on 16th January 2017 as a Civil Judge (Junior Division).

5.3 After the appellant’s appointment in the subordinate judicial service in the State of Uttar Pradesh, the selection process for recruitment in the Bihar Superior Judicial Services proceeded further. After obtaining the requisite permission from the High Court of Judicature at Allahabad, the appellant participated in the selection process conducted by the High Court of Judicature at Patna for the post of Additional District & Sessions Judge. The said selection process consisted of a preliminary written examination, main written examination and an oral interview. In the said selection process, the appellant was found to be meritorious and was at Serial No. 50 in the selection list.

5.4 Vide notification dated 7th August 2018, the appellant was offered appointment. The appellant, therefore, obtained permission from the High Court of Judicature at Allahabad for resigning from the Uttar Pradesh Judicial Services, so as to join his service as Additional District and Sessions Judge in the State of Bihar.

5.5 Consequently, the appellant joined the Bihar Superior Judicial Service with effect from 21st August 2018. In the meantime, the judgment of this Court in the case of Dheeraj Mor (supra) was delivered on 19th February 2020 wherein this Court held that a Judicial Officer, regardless of her or his previous experience as an advocate of 7 years, cannot apply and compete for appointment to the post of Additional District and Sessions Judge in the direct recruitment quota for advocates and pleaders.

5.6 On the basis of the said judgment, the High Court of Judicature at Patna issued a show cause notice as referred hereinabove.

5.7 After considering the reply, the High Court of Patna recommended the cancellation of the appellant’s candidature. The Government of Bihar vide notification dated 17th December 2020 notified the cancellation of the appellant’s candidature. The same was communicated to the appellant by the High Court of Patna vide letter dated 4th January 2021. The appellant challenged the same by filing the writ petition which was dismissed by the impugned judgment.

6. Mr. Chandra Bhushan Prasad, learned cou