VidhiSangh

Supreme Court of India · 19/02/2020

DHEERAJ MOR versus HON’BLE HIGH COURT OF DELHI

[2020] 2 S.C.R. 161 · 2017 INSC 64

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Summary

The Supreme Court held that serving judicial officers cannot compete for District Judge vacancies reserved for direct recruitment from the Bar. Seven years’ earlier advocacy, judicial service alone or a combination of both does not satisfy that route. Eligible advocates must have the requisite immediately preceding practice and continue practising at the prescribed cut-off and appointment. Rules excluding judicial officers from that quota were upheld, and Vijay Kumar Mishra was overruled on permitting in-service participation.

Issues

  1. Whether serving judicial officers could compete in the direct-recruitment quota reserved for advocates.
  2. Whether earlier advocacy or combined judicial and Bar experience satisfied Article 233(2).
  3. What followed for appointments obtained under interim orders.

Provisions considered

Held

Result

Reference answered against eligibility of serving judicial officers for the direct-recruitment Bar quota. Connected proceedings disposed of without costs, with reversion and consideration of any matured promotion claims as directed.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 161.