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On merits, it is submitted on behalf of the respondents that it is not enough to discharge judicial functions simpliciter for a period of ten years to be eligible for elevation as Judge of the High Court. Merely because an appeal lies to the High Court and they perform the functions of a Judge under the provisions of the Act, by itself, is not sufficient to attract the provisions of Article 217 of the Constitution. On the contrary, on a proper reading of Article 233(2) of the Constitution, which deals with appointment of District Judges, it is clear that Judges of the Family Court stand excluded from the ambit of the said Article. The nature of their functioning, transferability and conditions of service do not justify parity with the members of the Higher Judicial Services of the State of Maharashtra. There is no parity in true scope of functioning and performance of duties. Thus, they pray for the dismissal of the writ petition.

(ii) advocate or pleader. Can it be said that in the context of Chapter VI of Part VI of the Constitution "the service of the union or of the State" means any service of the Union or of the State or does it mean the judicial service of the Union or of the State? The setting viz.

the chapter dealing with subordinate courts, in which the expression "the service" appears indicates that the service mentioned therein is the service pertaining to courts. That apart, Article 236(2) defines the expression "judicial service" to mean a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. If this definition, instead of appearing in Article 236, is placed as a clause before Article 233(2), there cannot be any dispute that "the service"

in Article 233(2) can only mean the judicial service. The circumstance that the definition of "judicial service" finds a place in a subsequent article does not necessarily lead to a contrary conclusion. The fact that in Article 233(2) the expression "the service" is used whereas in Articles 234 and 235 the expression "judicial service" is found is not decisive of the question whether the expression "the service" in Article 233(2) must be something other than the judicial service, for, the entire chapter is dealing with the judicial service. The definition is exhaustive of the service. Two expressions in the definition bring out the idea that the judicial service consists of hierarchy of judicial officers starting from the lowest and ending with district Judges. The expressions "exclusively"

"21. This Court has thus authoritatively laid down that the appointment of district judges under Article 233(2) can only be from the judicial service of the State as defined under Article 236(b) of the Constitution.

22. It is in the above context that we have to interpret the meaning of expression "judicial office" under Article 217(2)(a) of the Constitution of India. The High Court Judges are appointed from two sources, members of the Bar and from amongst the persons who have held "judicial office" for not less than ten years. Even a subordinate judicial officer manning a court inferior to the District Judge can be appointed as a Judge of a High Court. The expression "judicial office" in generic sense may include wide variety of offices which are connected with the administration of justice in one way or the other. Under the Criminal Procedure Code, 1973 powers of judicial Magistrate can be conferred on any person who holds or has held any office under the Government. Officers holding various posts under the executive are often vested with the magisterial powers to meet a particular situation. Did the framers of the Constitution have this type of `offices' in mind when they provided a source of appointment to the high office of a Judge of High Court from amongst the holders of a "judicial office".