that under the Rules notified in
exercise of the powers under Article 234 and proviso to Article 309 of the
Constitution of India, there ... 234 & 309/2010- In exercise of
the powers conferred by Article 234 read with the proviso to
Article 309 of the Constitution of India
appointed under Article
233 of the Constitution of India nor were they appointed to the
Judicial Services of a State under Article 234 ... appointed
under Article 233 of the Constitution of India nor they are appointed
to the Judicial Services of a State under Article 234
which, concurrence of the High Court is necessary under Article 234 of
the Constitution of India. Hence, the present appeal.
3. Shri Preetesh Kapur, learned ... judicial service, and in view of the provisions of
Article 234 of the Constitution, the appointment of the President can
be made only upon consultation
carved out in
the Constitution itself in Chapter-VI and that Article 234 is not subject
to any legislation to be made by the appropriate ... affairs of the subordinate judiciary within the ambit of Articles 234 and
235 of the Constitution, the State Government is not only obligated to
give
claims of all other Seniors in the
Subordinate Judiciary contrary to Article 14and Article 16 of
the Constitution.”
31. In Shri Kumar Padma Prasad ... observed as
follows:-
“Article 236(b) defines ‘judicial service’ to mean District
Judges and Judges subordinate thereto. Under Article 234 the
Governor of the State
Council of Rajasthan was accepted by the Bar Council of India.
Article 233 of the Constitution of India is quoted below:-
233. Appointment of district ... been framed in exercise of powers conferred by Article 233 and 234 read with proviso to Article 309 of the Constitution of India
rules are legislative in nature. They have to be framed under Article 234 of the Constitution of India. No mandamus can be issued
power. Both Articles
77(3) and 166(3) provide that the
President under Article 77(3) and the
Governor under Article 166(3) shall
make ... Business made under these two
articles viz. Article 77(3) in the
case of the President and Article
166(3) in the case
Council of Rajasthan was accepted by the Bar Council of India.
Article 233 of the Constitution of India is quoted below:-
233. Appointment of district ... been framed in exercise of powers conferred by Article 233 and 234 read with proviso to Article 309 of the Constitution of India
Council of Rajasthan was accepted by the Bar Council of India.
Article 233 of the Constitution of India is quoted below:-
233. Appointment of district ... been framed in exercise of powers conferred by Article 233 and 234 read with proviso to Article 309 of the Constitution of India
