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VIVEK KUMAR BIRLA, DONADI RAMESH
Shashi Kant Tiwari – Appellant
Versus
High Court Of Judicature At Allahabad – Respondent
| Table of Content |
|---|
| 1. the initial hearing outlines the structure of employment and intentions regarding examination. (Para 1) |
| 2. factual background of the petitioner's case and attempts in examinations (Para 2 , 3) |
| 3. arguments challenging the rejection based on employment circumstances (Para 4 , 5 , 6) |
| 4. court’s analysis of the implications of full-time employment on advocacy eligibility (Para 8 , 10 , 11) |
| 5. establishment of eligibility criteria from constitutional and statutory provisions (Para 12 , 13 , 16 , 18) |
| 6. the court's conclusion reiterates the requirement of continuous practice for eligibility. (Para 19 , 20) |
| 7. court’s final dismissal of the petition based on established criteria (Para 22 , 24 , 25) |
JUDGMENT :
Vivek Kumar Birla, J.
1. Heard Sri Shashi Kant Shukla along with Sri Sushil Kumar Shukla, learned counsel for the petitioner and Sri Ashish Mishra, learned counsel appearing for the respondents-High Court.
2. Present petition has been filed with the following prayers:-
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 central legal point established in the judgment is the interpretation of the requirement of 'continuously practicing advocate for not less than 7 years' for selection to the Delhi Higher Judicial....
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....
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....
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....
In the cases where such in-service incumbents have been appointed by way of direct recruitment from bar as we find no merit in the petitions and due to dismissal of the writ petitions filed by the ju....
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