notification dated 09.03.2016
issued in exercise of powers under Article 309 read with Article 234 of the
Constitution of India whereby, inter alia
possesses qualifications (other than the
qualification of age), prescribed under Article 234 of
the Constitution for being eligible to enter the judicial
service
types of services
contemplated by Article 309.
It was further noted with pertinence that independently of
general provisions of Article 309 , the Constitution made special ... District Judges under Article 233 , recruitment of persons
other than the District Judges to the Judicial Services under Article 234 and
also control
follows;
"In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication ... December 10, 2012
In exercise of the powers conferred by the Article 234 and the proviso to Article 309 of the Constitution, the Governor
Article 166(3) by the Governor, then that automatically takes away his
powers under other Articles of the Constitution as well. The powers under
Articles ... state which is supposed to be made by the Governor
under Article 234 of the Constitution. It was held in that case as under
made by the
21
Governor as contemplated in Article 234 of the
Constitution after consultation with the State
Public Service Commission and the High Court
which has been framed in
exercise of the powers conferred by Article 234 read with Article
309 of the Constitution of India, after consultation with
made only in accordance with the prescription
contained in Article 233 and 234.
“36. It becomes, therefore, obvious that no recruitment to the post ... recruitment to Judiciary at grass-root level
as enjoined by Article 234 and can only act on recommendation by the High
Court for direct recruitment
Article 166(3) by the Governor, then that
automatically takes away his powers under other Articles of the
Constitution as well. The powers under Articles ... state which is supposed to be made by the Governor
under Article 234 of the Constitution. It was held in that case as
under
notification
dated 09.03.2016 issued in exercise of powers under Article 309 read
with Article 234 of the Constitution of India whereby, inter alia