Judicial officers can't be district judges via direct recruitment: SC

Satya Prakash

Tribune News Service

New Delhi, February 19

Members of subordinate judiciary services are not eligible to be appointed as district judges by way of direct recruitment, the Supreme Court ruled on Wednesday.

“We find that rules debarring judicial officers from staking their claim as against posts reserved for direct recruitment from Bar are not ultra vires as rules are subservient to the provisions of the Constitution,” a three-judge Bench headed by Justice Arun Mishra said.

The Bench – which also included Justice Vineet Sharan and Justice S Ravindra Bhat – said the members in the judicial service of a state can be appointed as district judges only by way of promotion or limited competitive examination.

“Under Article 232(2), an advocate or a pleader with 7 years of practice can be appointed as district judge by way of direct recruitment in case he is not already in the judicial service of the Union or a State,” said the Bench.

The top court upheld the rules framed by the Delhi High Court prohibiting judicial service officers from staking claim to the post of district judge against the posts reserved for advocates by way of direct recruitment, saying these were in conformity with Articles 14, 16 and 233 of the Constitution.