SC allows Appointment of District judges by Direct Recruitment for now [Read Order]

The Supreme Court on July 24 granted interim relief to a slew of petitioners who have raised the issue of appointment of District Judges from subordinate judiciary by way of direct recruitment..The Court directed High Courts of Delhi and Allahabad to proceed with the selection process of the petitioners/applicants and appoint them as District Judges without them resigning from the Subordinate Judicial Service and subject to the result of the petitions before the Supreme Court..A Bench of Justices Kurian Joseph and Sanjay Kishan Kaul passed the order after taking note of another similar order passed by a Bench of Justices Jasti Chelameswar and Sanjay Kishan Kaul on May 10 this year..The main question before the Supreme court is whether persons in judicial service can be directly appointed as District judges based on his/her experience at the Bar and without having to go through ‘promotions through the rank’..The petitioners have sought appointment as District judges on the ground that they fulfill the criteria of seven years’ experience at the Bar prescribed by Article 233 of the Constitution..The case involves an important question of law – whether Article 233 (2) of the Constitution of India debars persons already in judicial service for appointment as district judges by way of direct recruitment and not promotion..One of the petitioners, Dheeraj Mor, has contended that as per the decision in Rameshwar Dayal’s case, for a person to be appointed as a district judge from the Bar, he need not be an advocate ‘in presenti’..Mor has submitted that since one of the sources from where District judges are appointed is lower judiciary, such persons can be appointed as District judges irrespective of the method of appointment i.e. either by promotion or by direct recruitment. The Petitioner has contended that the High Court wrongly interpreted the negative covenant in Article 233(2) by holding that the said covenant would mean that a person who is in judicial service will not be eligible to be appointed as a direct recruit..On May 10, the Bench of Justices Chelameswar and Kaul had in a similar petition against Hyderabad High Court, ordered that the High Court may proceed to appoint the petitioner who had qualified in the written exam and interview, to the Higher Judicial Services without his resigning from the Subordinate Judicial Service and subject to the result of the Constitution Bench case..Adverting to that order, the Bench of Justices Kurian Joseph and Sanjay Kishan Kaul on July 24 held that similar view can be adopted in the cases before them from Delhi and Uttar Pradesh..“Having heard the learned counsel appearing for the applicants/interveners/petitioners and also the learned counsel appearing for the High Courts, we are of the view that a similar approach can be adopted in these cases also. All the applicants/interveners/petitioners who have been declared successful in the written examination (if their results have not been announced, the same would be announced provisionally) shall be entitled to an order on similar lines.”.Read the order below.