ground that
their appointment was in violation of the provisions of Art.
233 of the Constitution. Thereupon a point was raised in the
Criminal Revision ... trial by a Sessions Judge who was
appointed in violation of Art. 233 was not a trial by a
Sessions Judge duly appointed to exercise
this
definition, instead of appearing in Art. 236 , is placed as a
clause before Art. 233(2) , there cannot be any dispute that
“the service ... Arts. 234 and 235 the expression “judicial service” is found is
not decisive of the question whether the expression “the
service” in Art. 233
District Judges conferred on the Governor, meaning the State
Government, under Art. 233(1) in consultation with the High
Court is executive function. The power ... Council of Minis-
ters under Art. 163(1) in the matter of appointment of
District Judges under Art. 233(i) and not on the advice
Under Art. 237 , the Governor may notify that Arts. 233 to
236 will apply to magistrates subject to certain
modifications or exceptions, and they will ... this construction ignores Art. 237 of
the Constitution. We do not see how Art. 237 helps the
construction of Art. 233(2). Art. 237 enables
SC1546 (17)
ACT:
Constitution of India, 1950, Art. 233-Appointment of
District Judges-Consultation with High Court, what is.
Gradation List of Additional District Judges ... Government Notification of 17th October 1968 was
not in compliance of Art. 233 of the Constitution.
Under Art. 233 of the Constitution the appointment
Arts. 124(2) and 217(1). Wherever the
Constitution provided for consultation of a single body or
individual it said so: see Art. 222. Art ... this definition, instead of
appearing in Art. 236 , is placed as a clause before Art. 233(2) ,
there cannot be any dispute that
under Art. 309 for regulating recruitment
and conditions of service of DSJ/ADSJ, the rules will have
to be in conformity with Art. 233 ... merit which
is a valid criterion under Art. 16 and not violative of Art.
233 and the appellants, therefore, who were junior to
respondents
Councils
Act, 1926 (38 of 1926), s. 8--Constitution of India, Art.
233(2).
HEADNOTE:
The validity of the appointment of respondents ... ground, inter alia, that
the appointment was made in contravention of Art. 233(2) of
the Constitution of India which lays down that
cannot be appointed District Judges by direct
recruitment. Clause(2) of Art.233 is applicable only to
persons not already in the Service ... Service. Before this Court the petitioners
submitted that a construction of Art. 233 of the
Constitution which would render a member of the Subordinate
Judicial
under Art. 132 of the Constitution to
appeal to the Supreme Court on the ground that the judgment
involved the interpretation of Arts. 233 ... Government
granted certificates under Art. 132 of the Constitution on
the ground that the judgment involved the interpretation of
Arts. 233
