SHIV KANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Basant Kumar Choudhary, Senior Advocate for the petitioner, Mr. Rana Ishwar Chandra for the State and Mr. Amish Kumar for respondent no. 2.

(2.) THE present writ petitioner is admittedly employed as Civil Judge Class -I (Senior Division) in Madhya Pradesh. He, pursuant to an advertisement for appointment by direct recruitment to the post of District Judge in the State of Bihar from Bar, made an application. He was initially allowed to appear in the examination and became successful. However, subsequently it was found that he was not eligible as he was in judicial service in Madhya Pradesh and his result has been cancelled. The said order is being impugned in the present writ petition. Learned counsel for the petitioner has contended with much vehemence but less conviction that keeping in view Article 233(2) of Constitution of India the petitioner was eligible inasmuch as it cannot be said that he was in services of the Union of India or in services of State Government of Bihar as he was in service in Madhya Pradesh.

(3.) CHAPTER -VI of the Constitution of India deals with "subordinate courts". Article 233 is extracted hereunder: