Constitution of India, Article 233 (2) – Appointment of Additional District Judge – Direct recruitment process/ Advocate Quota – Eligibility of Judicial officer – Reference answered:

(i)    Judicial Officers who have already completed seven years in Bar before they were recruited in the subordinate judicial service would be entitled for being appointed as a District Judge/Additional District Judge in the selection process for the post of District Judges in the direct recruitment process;

(ii)   The eligibility for appointment as a District Judge/Additional District Judge is to be seen at the time of application;

(iii) Though there is no eligibility prescribed under Article 233(2) for a person already in judicial service of the Union or of the State for being appointed as District Judge, in order to provide a level playing field, direction given that a candidate applying as an in-service candidate should have seven years’ combined experience as a Judicial Officer and an advocate;

(iv) A person who has been or who is in judicial service and has a combined experience of seven years or more as an advocate or a Judicial Officer would be eligible for being considered and appointed as a District Judge/Additional District Judge under Article 233 of the Constitution;

(v)   In order to ensure level playing field, further direction given that the minimum age for being considered and appointed as a District Judge/Additional District Judge for both advocates and Judicial Officers would be 35 years of age as on the date of application.

(vi) It is held that the view taken in the judgments of this Court right from Satya Narain Singh (1985) 1 SCC 225 till Dheeraj Mor (2020) 7 SCC 401, which take a view contrary to what has been held hereinabove do not lay down the correct proposition of law.

The reference answered accordingly

All rules framed by the State Governments in consultation with the High Courts which are not in accordance with the aforesaid answers quashed and set aside – Direction given that all the State Governments in consultation with the High Courts shall frame/ amend the rules in accordance with what has been held, within a period of three months.

(Para 171-173)