Back
SANJAYA KUMAR MISHRA, ANANDA SEN
Dilip Kumar, Son of Late. Shivnath Mahto – Appellant
Versus
State of Jharkhand, through Secretary to Personnel Administrative Reforms and Rajbhasa Department, State of Jharkhand – Respondent
JUDGMENT :
(S.K. Mishra, J.)
1. By filing this writ petition, the petitioner, a discharged employee of the Armed Forces, at present having an advocate’s license and allegedly practicing in this Court, has prayed for declaring the Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001, as ultra vires to Article 233(2) and Article 14 of the Constitution of India for not allowing the (so called) “Pleaders” to exercise their rights to apply for the recruitment and appointment to the post of Additional District Judge. He has also prayed to declare the Court’s permission to the petitioner, to act as a “Defence-Pleader” in Ramgarh Sessions Trial No. 132 of 2007 under Sections 304 of the Indian Penal Code, 1860 from 09.09.2014 to 17.04.2022, a total period of 07 years, 07 months and few days to be considered and counted as a practice of a “Pleader” for the purpose of being eligible to fulfill the requisite criteria of having specific experience or practice as a “Pleader” for the recruitment and appointment to the District Judiciary. The petitioner after his discharge from the Defence Services enrolled himself as an advocate having enrollment No
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 requirement of continuous practice for seven years under Rule 9(2) of the Delhi Higher Judiciary Services Rules aligns with Article 233(2) of the Constitution, validating the rule's constitutiona....
An advocate ceases to practice when engaged in full-time employment, rendering them ineligible for judicial recruitment under Article 233(2) of the Constitution.
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....
Point of law : Article 309 of the Constitution of India deals with the recruitment and conditions of service of persons serving the Union or a State. The Article 309 provides the competence for the G....
The eligibility criterion of 'having been continuously practicing as an Advocate for not less than seven years' as per Rule 9(2) of the DHJS Rules does not require an inquiry into the specific functi....
The prescription of the age of 35 years as eligibility for the appointment of District Judge (Entry Level) by Direct Recruitment was held to be valid and not in violation of the Constitution of India....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
