SUNIL KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner was the Judicial Officer, has challenged the letter no. 23842 dated 18.5.2020 and letter no. 24973 dated 1.6.2020 issued by the Patna High Court (this Court) by which a show-cause notice was issued to the petitioner in view of the judgment of Hon'ble Apex Court passed in the case of Dheeraj Mor Vs. High Court of Delhi along with Prem Shankar and Ors. Vs. High Court of Patna and Anr. reported in (2020) 7 SCC 401 as to why his services from the post of Additional District and Sessions Judge be not terminated assigning reason that the petitioner was not a practicing advocate on the date of preliminary test, main test, interview and declaration of final result as well as on the date of his appointment as an Additional District and Sessions Judge and, at later stage, the petitioner filed interlocutory application bearing I.A. No. 1/2020 by which he has sought amendment of the writ petition in order to bring new developmental fact as has been informed vide letter dated 22.9.2020 that the response/submission of the petitioner has been rejected by this Court and further I.A. No. 2/2020 has been filed by which he has made a prayer for grant of interim relief that during pendency of this writ application, no order of termination be passed against the petitioner and again I.A. No. 3/2020 has been filed by which a prayer has been made for quashing the notification no. 7 dated 17.12.2020 along with letter dated 4.1.2021 by which the petitioner has been terminated from service and communicated at his place of posting at Begusarai respectively.

(3.) The short fact of this case is that the petitioner has enrolled himself in Bar Council of Uttar Pradesh vide Enrollment No. 7938 of 07 dated 5.12.2007 and joined the State High Court Bar Association, Allahabad on 5.12.2007 and remained in practice till 15.1.2017. During that period, he was appearing in various competitive examination such as PCS-J and District Judge (Entry Level) Direct from Bar Exams at different States. This High Court had issued an advertisement for recruitment of suitable candidates to the post of District Judge (Entry Level), Direct From Bar Exam- 2016 on its website dated 22.8.2016 notifying 98 vacancies as on 31.3.2017. One of the terms and conditions was mentioned therein that the candidates must possess 7 years practice including his appearance at least in 24 cases per annum preceding three years on the last date of receipt of the application as specified in the advertisement and further condition was provided that the candidate must have completed 35 years of age and who has not completed the 50 years as on 1.1.2016, shall be eligible for consideration. The cut off date for the purpose of consideration of eligibility of the application was fixed as on 16.9.2016. In pursuance of the advertisement, the petitioner applied for the said post on 31.8.2016 before the last date i.e. 16.9.2016. While filling up the form, he has also obtained experience certificate from the Registrar, High Court showing his professional experience of seven years on or before the cut off date. It has to be noted that the petitioner had also applied in U.P. Judicial Services (Junior Division), where he was selected on 16.1.2017 and, accordingly, he joined the judicial services (Junior Division) in the state of Uttar Pradesh and, as per petitioner, on or before the cut off date, he was not in any service either judicial or otherwise. Further that the condition does not stipulate in the advertisement that candidate who has joined judicial service or in any services later on would be made ineligible for the consideration of the said post. The petitioner succeeded in preliminary examination as well as in the main examination. After the main examination, this Court published notice in its website dated 9.2.2018, giving liberty to the candidates to remove defects and discrepancies in the application form. In the notice, it has been mentioned that on scrutiny of the application forms and documents uploaded by the candidates who have qualified in the main (Written) examination of District Judge (Entry Level), Direct from Bar, 2016, certain discrepancies have been found. The same have been indicated against respective candidates in the chart attached herewith.