Search Results Page
Search Results
1 - 10 of 31 (0.38 seconds)All India Judges' Association And ... vs Union Of India And Others on 24 August, 1993
NEUTRAL CITATION NO. 2025:MPHC-JBP:16332
2025:MPHC
examination and after successful
successfully cleared the same, they were
appointed to the post of District Judge (Entry Level). Now they have
been serving approximately for 9 years but the said provisional select
list which was published by the respondent No.2 had clearly mentioned
that result/all steps tak
taken
en on the basis of amended proviso will be
subject to final outcome of this petition. All the candidates were aware
about that their appointments are subject to outcome of this petition.
Hence, they cannot claim as a right to be appointed to such higher post
po
for which they are not eligible to be appointed under the garb of
impugned proviso which was violative of constitutional mandate and
judgments passed by the Apex Court in All India Judges' Association
case, 2002 and 2010.
Dr. Duryodhan Sahu And Ors vs Jitendra Kumar Mishra And Ors on 25 August, 1998
"15. Even as regards the filing of a public interest
litigation, this Court has consistently held that such a
course of action is not permissible so far as service matters
are concerned. (Vide Duryodhan Sahu v. Jitendra Kumar
Mishra [(1998) 7 SCC 273 : 1998 SCC (L&S) 1802 : AIR
1999 SC 114] , Dattaraj Nathuji Thaware v. State of
Maharashtra [(2005) 1 SCC 590 : A AIR
IR 2005 SC 540] and
Neetu v. State of Punjab [(2007) 10 SCC 614 : AIR 2007 SC
758])."
Rameshwar Dayal vs The State Of Punjab And Others on 5 December, 1960
NEUTRAL CITATION NO. 2025:MPHC-JBP:16332
2025:MPHC
to mean Judicial Service. Again while the first clause makes
consultation by the Governor of the State with the High Court
necessary, the second clause requires that the High Court must
recommend a perperson
son for appointment as a District Judge. It is
only in respect of the persons covered by the second clause that
there is a requirement that a person shall be eligible for
appointment as District Judge if he has been an advocate or a
pleader for not less th
than
an 7 years. In other words, in the case of
candidates who are not members of a Judicial Service they must
have been advocates or pleaders for not less than 7 years and
they have to be recommended by the High Court before they may
be appointed as District JJudges,
udges, while in the case of candidates
who are members of a Judicial Service the 7 years' rule has no
application but there has to be consultation with the High Court.
A clear distinction is made between the two sources of
recruitment and the dichotomy is maintained. The two streams
are separate until they come together by appointment. Obviously
the same ship cannot sail both the streams simultaneously. The
dichotomy is clearly brought out by S.K. Das, J. in Rameshwar
Dayal v. State of Punjab [AIR 1961 SC 816816 : (1961) 2 SCR 874 :
Malik Mazhar Sultan vs U.P. Public Service Commission Through ... on 26 September, 2023
50. The
he Supreme Court was monitoring the filling up of the
vacancies in the subordinate judiciary in Malik Mazhar Sultan (3) Vs.
Uttar Pradesh Public Service Commission and others reported in
(2008) 17 SCC 703 as to how the different High Courts are filling up
the vacancies. The High Court had to evolve a criteria to fill up the
vacancies. When the Chief Justices conference recommends to evolve
a system within the existing legal framework, it would necessarily
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 04-04-2025
19:47:07
..37..
Article 309 in Constitution of India [Constitution]
Dattaraj Nathuji Thaware vs State Of Maharashtra & Ors on 14 December, 2004
"15. Even as regards the filing of a public interest
litigation, this Court has consistently held that such a
course of action is not permissible so far as service matters
are concerned. (Vide Duryodhan Sahu v. Jitendra Kumar
Mishra [(1998) 7 SCC 273 : 1998 SCC (L&S) 1802 : AIR
1999 SC 114] , Dattaraj Nathuji Thaware v. State of
Maharashtra [(2005) 1 SCC 590 : A AIR
IR 2005 SC 540] and
Neetu v. State of Punjab [(2007) 10 SCC 614 : AIR 2007 SC
758])."
All India Judges Association And Ors vs Union Of India And Ors on 21 March, 2002
31. We are not impressed by the submission that when this
Court has interpreted the meaning of service in Article 233(2)
to mean judicial service, judicial officers are eligib
eligible as
against the posts reserved for the advocates/pleaders. Article
233(2) starts with the negative "not", which disentitles the
claim of judicial officers against the post reserved for the
practising advocates/pleaders. They can be promoted to that
post as per the rules; this Court has further laid down a wider
horizon to in
in-service candidates in All India Judges Assn. [All
India Judges Assn. (3) v. Union of India, (2002) 4 SCC 247 :
Direct Recruit Class Ii Engineering ... vs State Of Maharashtra And Ors on 2 May, 1990
45. The relevant paras of the judgment of the Apex Court in the
case of Direct Recruit Class II Engg. Officers' Assn. v. State of
Maharashtra, (1990) 2 SCC 715 are reproduced as under:-
Bishambhar Dayal Chandra Mohan And ... vs State Of Uttar Pradesh & Ors on 5 November, 1981
54. The Constitution Bench of the Apex
Apex Court in the case of
Chandra Mohan Vs. State of U.P. reported in AIR 1966 SC 1987 has
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 04-04-2025
19:47:07
..39..