VidhiSangh

Supreme Court of India · 04/09/2020

R. POORNIMA AND ORS. versus UNION OF INDIA AND ORS.

[2020] 8 S.C.R. 89 · 2020 INSC 534

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Summary

The Court rejected serving District Judges’ claim to combine their earlier advocacy with judicial service to qualify for consideration for High Court appointment from the service stream. Article 217(2), Explanation (a), counts specified experience following judicial office, rather than advocacy preceding it. The stream for consideration depends on the candidate’s status when considered; eligibility computation does not permit simultaneous claims in the service and Bar streams.

Issues

  1. Whether serving judicial officers could count advocacy preceding judicial service towards eligibility for High Court appointment in the service stream.
  2. Whether the constitutional explanations permit a judicial officer to claim consideration from both appointment streams.

Provisions considered

Held

Result

Writ petition dismissed as misconceived and the claim untenable. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 8 S.C.R. 89.