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ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Pramod Kumar Verma S/o Late Shri Tilak Ram Verma – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. S.P. Kale, learned counsel for the appellant. Also heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for respondents No. 1 & 2.
2. The present appeal is preferred by the writ petitioner No. 3 against the judgment dated 01.02.2022 passed in WPS No. 42 of 2022 with regard to the finding recorded that he was not eligible to hold the post of President, District Commission, on the ground that he was not a practicing Advocate on the date of advertisement dated 15.07.2021.
3. Three questions were formulated by the learned Single Judge, which are as follows:
2.1) Whether the respondents are justified in declaring the petitioners as ineligible for the post of President, District Commission holding them as over-aged?
2.2) Whether the respondents are justified in holding the petitioners as ineligible on the ground that they have not completed seven years of practice as an advocate or a pleader, as required under clause (2)
Continuous practice as an advocate for not less than seven years is a prerequisite for appointment as a President of the District Commission, as per Article 233(2) of the Constitution of India and Ru....
The post of President of District Commission under Section 28(1) of the Act of 2019 for the aforesaid six districts is a single isolated post in each district and therefore it is not amenable to the ....
The main legal point established in the judgment is the requirement of continuous practice as an advocate immediately preceding the date of the application for appointment as a District Judge.
The main legal point established in the judgment is that the Advocates Act, 1961 recognizes only advocates as legal practitioners, and the 25% advocate's recruitment quota for District Judges is rese....
The eligibility criteria of seven years continuous practice as an advocate for appointment as a District Judge should be reckoned with reference to the last date for submitting the application, as pe....
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