The main legal point established is the interpretation of eligibility criteria for the post of District Judge (Entry Level) under Article 233 of the Constitution of India and relevant rules, emphasizing the requirement for candidates to be practicing advocates and not in judicial service at the time of appointment.

JUDGMENT

(Prayer:Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to accept the petitioner''s resignation w.e.f. 20.04.2023 and to formally relieve the petitioner from service as Civil Judge (Junior Division) and to direct the respondents to accept the application of the petitioner pursuant to Notification No.01/2023, dated 01.07.2023, for the post of District Judge (Entry Level) – Direct Recruitment for Tamil Nadu State Judicial Service, by relaxing Clause (3) of the qualification prescribed under Rule 8 pertaining to District Judge (Entry Level) at Sl.No.3 and to permit him to participate in the selection proces as per Notification No.01/2023, dated 01.07.2023.)

1. Petitioner, who was enrolled as an Advocate in the year 2005, joined the post of Junior Civil Judge in Tamil Nadu State Judicial Service on 19.06.2019, pursuant to the Notification of the year 2018. On 19.01.2023, he submitted his resignation to the first respondent - Principal Secretary, Home Department, through the fourth respondent - Registrar General. Thereafter, Notification No.01/2023, dated 01.07.2023, was issued by the Government for recruitment to the post of District Judge (Entry Level) in Tamil Nadu State Judicial Service. As he is eligible to apply for the said post, he has filed this Writ Petition.

2. On 28.04.2023, the fourth respondent – Registrar General, addressed a communication to the Government, stating that permission to resign from service may be accepted and the petitioner be relieved. Pursuant to the said letter, today, the respondents have produced a Government Order vide G.O.(D) No.834, Home (Courts-I) Department, dated 20.07.2023, accepting the resignation of the petitioner.

3. Mr.B.Vijay, learned counsel for the fourth respondent – Registrar General, has vehemently contended that in the light of Sub-clause (2) of Column (4) of Serial No.3 of the Schedule in Rule 5 of Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules,2007, pertaining to method of Appointment, Qualification and Age, a person must be practising on the date of notification as an advocate and must have so practised for a period of not less than seven years as on such date. He would also submit that since the petitioner is not a practising advocate on the date of Notification, his candidature cannot be considered and that in terms of Article 233 (2) of the Constitution of India, the petitioner is not eligible for making any application.

4. We have heard the learned counsel for the parties and also gone through the material available on record.

5. For the sake of convenience, Article 233 of the Constitution of India, Rule 41-A of Tamil Nadu State and Subordinate Services Rules, in short, ''''the Rules'''', and the relevant paragraphs of the decision of the Apex Court in Dheeraj Mor v. High Court of Delhi, 2020 (7) SCC 401, are extracted below :

Article 233 of the Constitution of India :

(1) Appointments of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Rule 41-A of Tamil Nadu State and Subordinate Services Rules :

41-A. Acceptance of resignation (a) - A Government servant may resign his appointment by giving notice of not less than three months in writing direct to the appointing authority with a copy marked to his immediate superior officer. The period of three months notice shall be reckoned from the date of receipt of such notice by the appointing authority

(b) The Government servant ma