Can Judicial Officers Claim Bar Vacancies? SC to Decide

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The Supreme Court on August 12 referred to a Constitution Bench the issue of whether a judicial officer, who had completed seven years as an advocate before joining the judiciary, can be appointed as a District Judge under a vacancy earmarked for members of the Bar.

A Bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria also sought clarity on whether eligibility for such appointments should be assessed at the time of application, at the time of appointment, or both. The matter hinges on the interpretation of Article 233(2) of the Constitution, which permits the appointment of a person as a District Judge only if they are “not already in the service of the Union or the State” and have been an advocate or pleader for not less than seven years.

The reference arises from an appeal challenging a Kerala High Court decision that set aside the appointment of Rejanish KV as District Judge. While Rejanish had over seven years of Bar experience when applying, he was serving as a Munsiff-Magistrate at the time the appointment order for District Judge was issued. The High Court relied on the Supreme Court’s 2020 ruling in Dheeraj Mor v. High Court of Delhi, which mandates that an advocate applying through direct recruitment must remain in practice until the date of appointment.

The Division Bench of the High Court, while upholding the Single Judge’s order, noted that similar appointments could have been made nationwide under state rules inconsistent with Dheeraj Mor. It certified the matter for appeal, citing its significance as a substantial question of law of general importance.

The appeal will now be heard by a five-judge Constitution Bench in Rejanish K.V. v. K. Deepa [Civil Appeal No. 3947/2020], with CJI Gavai indicating that the case is likely to be listed soon.


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