Vijay Kumar Mishra and Another vs High Court of Judicature at Patna - Supreme Court

 Vijay Kumar Mishra and Another vs High Court of Judicature at Patna - Supreme Court Important Judgment 2016 - 

 

On 9th August, 2016, in the case of Vijay Kumar Mishra and Another vs High Court of Judicature at Patna and Others [Civil Appeal No.7358 of 2016] while examining the issue as to whether in terms of Article 233(2) of the Constitution, the appellants could not be permitted to continue with the selection process in respect of District Judge Entry Level (Direct from Bar) Examination, since before the date of interview they had qualified for the Subordinate Judicial service of the State and had already joined the subordinate Judicial service, it was held that “the text of Article 233(2) only prohibits the appointment of a person as a District Judge, if such person is already in the service of either the Union or the State. It does not prohibit the consideration of the candidature of a person who is in the service of the Union or the State. A person who is in the service of either of the Union or the State would still have the option, if selected to join the service as a District Judge or continue with his existing employment.” While adverting to the advice of the High Court to the appellants to resign from subordinate judicial service if they aspired to become District Judge, the Supreme Court observed that “compelling a person to resign his job even for the purpose of assessing his suitability for appointment as a District Judge” is not permitted “either by the text of Art. 233(2) nor contemplated under the scheme of the Constitution as it would not serve any constitutionally desirable purpose.”


 While directing the respondents to permit the appellants to participate in the selection process without insisting upon their resigning from their current employment, the Court observed “if the appellants are found suitable, it is open to the appellants to resign their current employment and opt for the post of District Judge, if they so choose.”

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