Vijay Kumar Mishra Vs. High Court of Judicature At Patna
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Head Note
Constitution of India, 1950 - Article 233
Article 233(2)3 declares that only a person not already in the service of either the Union or of the State shall be eligible to be appointed as District Judges - Whether the bar under Article 233(2) is only for the appointment or even for the participation in the selection process - Held, 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. 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.
Topic(s)-Article 233(2)3 - Scope of - Eligible to be appointed as District Judges