REJANISH K.V. Vs. K. DEEPA

JUDGEMENT

(1.) The present batch of petitions in effect seek review of the judgment and order dtd. 19/2/2020 passed by this Court in the case of Dheeraj Mor v. Hon'ble High Court of Delhi,(2020) 7 SCC 401.(hereinafter referred to as "JUR") wherein a Bench of three learned Judges held that the members of the judicial service of a State could be appointed as district judges either by way of promotion or the Limited Departmental Competitive Examination (LDCE). It was further held that under Article 233(2) of the Constitution, an advocate or pleader with 7 years of practice could be appointed as district judge by way of direct recruitment, in case he is not already in the judicial service of the Union or a State. Thus, it was held that the rules framed by the High Court debarring judicial officers from staking their claim as against the posts reserved for direct recruitment from Bar would not be ultra vires to the Constitution.

(2.) Along with the review petitions, many other writ petitions as well as special leave petitions have been filed, inter-alia, praying for a declaration that even those judicial officers who have an experience of seven years at the Bar prior to their joining as judicial officers would be entitled to be appointed as district judges via direct recruitment under Article 233(2) of the Constitution.

(3.) We have heard Shri Jayant Bhushan, Shri Dama Seshadri Naidu, Dr. Menaka Guruswamy, Shri V. Giri, Shri Anand Sanjay M Nuli, Shri Shoeb Alam, Shri Rajive Bhalla, learned Senior Counsel and other counsel appearing for different parties praying that the question with regard to interpretation of Article 233(2) of the Constitution requires consideration by a Constitution Bench of this Court.