Dheeraj Mor vs Hon’ble High Court of Delhi

Court

Supreme Court of India

Date

23 January 2018

Case No.

Special Leave Petition (C) No. 14156 of 2015 etc.

Bench

Kurian Joseph, Mohan M. Shantanagoudar

Citation

[2018] 1 S.C.R. 828 : 2018 INSC 46

Headnote

Constitution of India:

Art. 233 – Appointment of District Judges, by way of direct recruitment – Whether the eligibility for appointment is to be seen only at the time of appointment or at the time of application or both – Matter placed before Hon’ble the Chief Justice of India for constituting appropriate Bench.

Rameshwar Dayal v. State of Punjab and others AIR 1961 SC 816: [1961] SCR 874; Chandra Mohan v. State of Uttar Pradesh and others AIR 1966 SC 1987; Satya Narain Singh v. High Court of Judicature at Allahabad and Others (1985) 1 SCC 225 : [1985] 2 SCR 112; Deepak Aggarwal v. Keshav Kaushik and Others (2013) 5 SCC 277: [2013] 1 SCR 402; Vijay Kumar Mishra and Another. v. High Court of Judicature at Patna and Others. (2016) 9 SCC 313 : [2016] 3 SCR 806; All India Judges’ Association and others v. Union of India and others (2002) 4 SCC 247: [2002] 2 SCR 712; Shri Kumar Padma Prasad v. Union of India and others (1992) 2 SCC 428 : [1992] 2 SCR 109; State of Assam v. Horizon Union and another [1967] 1 SCR 484 – referred to.

The following Order of the Court was delivered: ORDER 1. The issues raised in these petitions pertain to the interpretation of Article 233 of the Constitution of India in the matter of appointment of District Judges by way of direct recruitment. 2. The petitioners have raised mainly two contentions - (i) in case a candidate has completed seven years of practice as an advocate, he/she shall be an eligible candidate despite the fact that on the date of the application/appointment, he/she is in the service of Union or State; (ii) the members who are in judicial service as Civil Judge, Junior Di

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