Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 233(2) -- Meaning and purport of Constitution of India - Art |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India - Art, 233(2) -- Meaning and purport of — Appointment of District Judges - Bar on appointment of certain class of persons - Whether operates only for appointment or even for participation in the selection process -- Appellants already in the State Subordinate Judicial Service qualified in the written examination for the post of District judge - However, were denied permission to appear in the interview, on ground of bar u/Art. 233(2), as they were already in the service of the State — As a condition to appear in the interview were asked to first resign from the current employment in subordinate judiciary - Held: There is a distinction between selection and appointment — Art. 233(2) only prohibits the appointment of a person already in the service of the Union or State but not the selection/consideration of the candidature of such a person in the selection process — Such a person has a right u/Art. 14 & 16 to participate and be considered in the selection process undertaken by the State for appointment to any post in public service ~ Compelling a person ta resign his job even for the purpose of assessing his suitability for appointment not permitted by the text of Art. 233(2) -- Direction to Respondents permit appellants to participate in the selection process without insisting upon their resignation from current employment — Service law. Constitution of India: Articles 14 and 16 ~ Right to participate and be considered in the selection process — Discussed. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2016 INSC 586 |
Petitioner | Vijay Kumar Mishra And Anr. |
Respondent | High Court Of Judicature At Patna And Ors. |
SCR | [2016] 3 S.C.R. 806 |
Judgement Date | 2016-08-09 |
Case Number | 7358 |
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