Neetu Nagar vs Govt. of NCT of Delhi - 2023 Supreme(Del) 1283

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1283

MANMOHAN, SAURABH BANERJEE
Neetu Nagar – Appellant
Versus
Govt. of NCT of Delhi – Respondent

Advocates appeared:
Mr. Abhaya K. Behera, Senior Advocate with Mr. Ankur Chhibber, Advocate, for the Petitioner.
Mrs. Avnish Ahlawat, SC with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Respondnet-1.
Dr. Amit George, Mr. Amol Acharya, Mr. Arkaneil Bhoumik, Mr. Piyo Harold Jaimon and Mr. Rayadurgam Barath, Advocates, for the Respondent-2/DHC.

JUDGMENT

TABLE OF CONTENTS

ISSUE	1
FACTS	2-6
ARGUMENTS ON BEHALF OF THE PETITIONER	7-14
ARGUMENTS ON BEHALF OF THE RESPONDENT NO.2	15-21
ARGUMENTS ON BEHALF OF THE RESPONDENT NO.1	22
REJOINDER ARGUMENTS	23-25
COURT'S REASONING	26-38
HCS and DJS are not departments of an All India Judicial Service. The petitioner had to complete the prescribed eligibility criteria in the feeder grade i.e. DJS	26-30
The Rules are categorical and provide for exception, therefore one cannot rely upon the residuary rule to import any other OM, 31-33
Judgment in Renu Mullick (supra) has no application	34
Reliance on the O.M. dated 1st September, 1998 is misplaced as there is no lateral entry	35
In All India Judges Association v. UOI & Ors. (supra), there is no direction stipulating that the service rendered as a judicial officer in another state is to be counted towards the qualifying services	36
Permitting petitioner to appear in the LDCE would amount to permitting her to take a leap over other judicial officers who are otherwise her seniors	37-38
CONCLUSION	39

JUDGMENT

ISSUE

1. The issue that arises for consideration in the present writ petition is whether the past service rendered by the petitioner as a Civil Judge

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2023 Supreme(Del) 1283

MANMOHAN, SAURABH BANERJEENeetu Nagar – AppellantVersusGovt. of NCT of Delhi – Respondent

MANMOHAN, SAURABH BANERJEE
Neetu Nagar – Appellant
Versus
Govt. of NCT of Delhi – Respondent