PRABHAT TRIVEDI Vs. FATNA HIGH COURT

JUDGEMENT

(1.) THIS writ application has been filed for issuance of a writ in the nature of mandamus or any other writ or writs order/orders quashing the order dated 25.10.2002 vide letter of this date whereby the petitioner was directed to appear in the interview for direct recruitment to the post of Additional District Judge to be held on 31.10.2002 only after resigning from his present post as Judicial Magistrate, Second Class, Jehanabad and also for the direction that the petitioner may be allowed to appear in the interview on 31.10.2002 for this post.

(2.) FROM the facts of this case it would appear that while the petitioner was practicing as an Advocate in Patna High Court had applied for the post of Additional District and Sessions Judge on 5.3.1999. Later on in 1999 applications were also invited for the post of Bihar Judicial Service to which also the petitioner applied. He was finally selected for the appointment as Probationary Munsif, a service, which he joined on 12.12.2001. On 14.7.02 the petitioner received the admit card for appearing at the written examination for the post of Additional District Judge. He also submitted an application to the Registrar General of this Court for permission to appear in this examination to which no reply was received. However, in anticipation of approval the petitioner appeared in the sand examination. He received a letter to appear in the interview fixed for 31.10.2002 for this post.

(3.) A counter affidavit has been filed on behalf of respondent no.1 (Patna High Court), respondent no. 3 (The Registrar General, Patna High Court) and respondent no. 5 (The Joint Registrar, Establishment, Patna High Court) in which it has been stated that after receiving the call letter for appearing in the objective written test for the Bihar Superior Judicial Service the petitionor had made a representation on 6.7.2002 seeking permission to appear in the same. This letter was received in Patna High Court on 14.7.2002 and, therefore, no reply to this letter could be given before he appeared in the examination on 14./.2002. The matter was placed before the Standing Committee of the Patna High Court and subsequently before the Full Court for consideration of the fact whether in view of the provisions of Article 233(2) of the Constitution of India can the petitioner be allowed to appear at the interview without firstly resigning from the post of the Munsif. It was observed that Judicial Officers who had applied for the post of the Additional District Judge could not be considered as eligible candidate in view of the provisions of Article 233(2) of the Constitution of India. This view was affirmed by the meeting of the Full Court as will appear from Annexuros -A and B to the counter affidavit.