Article 233 in Constitution of India
233. Appointment of district judges
(1) Appointments of persons to be, and the posting and promotion of, district judges
place in a subsequent Article does not
necessarily lead to a contrary conclusion. The fact that in
Article 233(2) the expression “the service ... Article 14 and Article 16 of
the Constitution.”
46. From the above, we have no doubt that the expression, ‘the
service’ in Article 233
exercise of the powers conferred by
the proviso to Article 309 read with Article 233 of the
Constitution of India and which Rules ... recruitment to the cadre of
District Judges and hence sub-article (2) of Articles 233
becomes relevant. Apart from laying down the eligibility
criterion
under Article 14 of the Constitution of India. He further pointed out that when Sub-clause (2) of Article 233 of the Constitution enables ... under Article 14 of the Constitution of India. In our view Sub-clause (2) of Article 233 of the Constitution of India only prescribes
exercise of the powers conferred by
the proviso to Article 309 read with Article 233 of the
Constitution of India and which Rules ... recruitment to the cadre of
District Judges and hence sub-article (2) of Articles 233
becomes relevant. Apart from laying down the eligibility
criterion
Rules interpreted
Article 233 thus:
“7. The first question turns upon the provisions of Art. 233 of
the Constitution. Article 233(1) reads:
"Appointments ... place in a
subsequent Article does not necessarily lead to a contrary
conclusion. The fact that in Article 233(2) the expression "the
service
vested in the High Court under Article 235 of
the Constitution read together with the mandate of Article
233 of the Constitution, makes it clear ... subject to prescribed limitations as
mentioned in Article 235. The Advocate General of Haryana
contended that Article 233 applies to confirmation of
appointments by direct
occurring in the Article?
4) Chapter VI of the Constitution of India deals with the subordinate
courts in the State. Articles 233 and 236 , which ... attractive is not acceptable. Neither the
text of Article and nor the words occurring in Article 233(2) suggest such
interpretation. Indeed, if his argument
Constitution deals with the subordinate courts in five articles being Articles 233 to 237. Article 233 deals with the appointment, posting and promotion of District ... Court.
28. It is no doubt true that under Article 311; read with Articles 310 , 233 and 234 of the Constitution the appointing authority
under the control of the High Court under Article 235 of the Constitution and Article 233 is not attracted. So far as the expression ... although in the Article it has been used only in context of appointments, In that connection it was emphasised that Article 233(1) is concerned