The Supreme Court has referred to a five-judge Constitution Bench a pivotal question that could reshape judicial recruitment rules across the country: Can a judicial officer, who has already completed seven years in the Bar, be appointed as a District Judge in a vacancy meant for advocates?
The Court will also decide whether eligibility for such a post should be determined at the time of application, at the time of appointment, or at both points.
The bench led by Chief Justice of India BR Gavai, along with Justice K Vinod Chandran and Justice NV Anjaria, passed the reference order, stressing that the matter requires a clear interpretation of Article 233(2) of the Constitution. Under this provision, a person not already serving in the Union or State can be appointed as a District Judge only if they have been an advocate or pleader for at least seven years.
The case stems from a Kerala High Court ruling that set aside the appointment of Rejanish KV as a District Judge. Rejanish, a lawyer with over seven years’ experience at the Bar, had applied for the post but was appointed as a Munsiff-Magistrate in December 2017 while the selection process was still underway. In August 2019, after receiving his District Judge appointment order, he resigned from the subordinate judiciary and took charge in Thiruvananthapuram.
His appointment was challenged by candidate K. Deepa, who argued that at the time of his appointment, Rejanish was no longer a practising advocate but a serving judicial officer. The Kerala High Court relied on the Supreme Court’s decision in Dheeraj Mor v. High Court of Delhi, which held that an advocate applying for direct recruitment as a District Judge must continue in practice until the date of appointment, to strike down his appointment.
While upholding the Single Judge’s ruling, the Division Bench of the High Court observed that similar appointments may have been made in other states under recruitment rules that could conflict with the Dheeraj Mor precedent. Acknowledging the national significance, it allowed the matter to be taken to the Supreme Court.
CJI Gavai has indicated that the Constitution Bench hearing will be scheduled soon. The outcome is expected to have far-reaching consequences for the eligibility criteria and appointment process of District Judges across multiple states.
—Advocate Shivmani Yadav contributed to this report