
Article 233(2) | 7 Yrs Continuous Practice As Advocate Must Be 'Immediately' Before Recruitment As District Judge From Bar: Orissa HC
Live LawThe Orissa High Court has held that a person must have practiced as an Advocate continuously for seven years 'immediately' before submitting application for direct recruitment in the cadre of District Judge from the Bar. The Court referred to Article 233 of the Constitution which provides that “a person not already in the service of Union or the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years as advocate or a pleader and is recommended by the High Court for appointment”. Therefore, one of the essential requirements articulated by the above expression in Article 233 is that such person must with requisite period be continuing as an advocate on the date of application.” The Bench also borrowed substantiation from the judgment of the Apex Court in Dheeraj Mor v. High Court of Delhi, wherein the Court has interpreted the above constitutional provision in the words quoted below: “The requirement of 7 years of minimum experience has to be considered as the practising advocate as on the cutoff date, the phrase used is a continuous state of affair from the past. “…merely because a person was inadvertently allowed earlier to appear in the examination, who was not eligible, confers no right on him or her to appear in the exam by contending inter alia that the authorities have allowed him/her to appear in the exam earlier, especially when he/she does not possess the requisite eligibility.” As a result, the Court was of the view that as the petitioner was not having the requisite seven years of continuous practice as an Advocate immediately before applying for the recruitment process, she cannot be allowed to take part in the examination.
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