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New Appointments Not To Be Made From In-Service Candidates Against Bar Quota Rules Supreme Court - (10 May 2019)


Supreme Court has ordered that, no new appointments to the post of District Judges shall be made from in-service candidates against quota reserved for Bar. A Bench comprising of Justices Arun Mishra and Navin Sinha hearing the matter said that, serious complications would arise in case ultimately in-service candidates are not found eligible for such quota. The matter arise out of a dispute as to whether the incumbents who have joined the services as Civil Judge can stake their claims for the posts meant for direct recruitment from the Bar reserved for practicing advocates for appointment as District Judges.

It was submitted that in certain cases, interim relief has been granted by present Court and by virtue of the interim directions issued, certain in-service incumbents participated in the exam and other process by staking claim to be appointed in the quota which is basically meant for lawyers. The entitlement of Civil Judges to occupy posts of Bar quota is yet to be decided. In case, such interim orders are continued to be granted and the Civil Judges from the judiciary are permitted to be appointed as against the quota which basically meant for practicing lawyers, serious prejudice may be caused to the Bar incumbents.

It is settled proposition of law that, final relief cannot be granted by way of interim measure. When direct recruitment has to be from Bar, Bench held that, it cannot continue to grant interim order of final nature leaving the situation virtually irreversible. Court said that, such ad-hoc arrangements by appointing such incumbents is not at all warranted that too in higher judiciary unless and until the case is decided in favour of in-service candidates. However, Court is not disturbing with appointments which have been made so far by virtue of such interim orders.


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