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The Orissa High Court held that serving judicial officers cannot participate in the selection process meant for lawyers in the cadre of District Judge. The Hon’ble bench of the High Court comprising Chief Justice K.S.Jhaveri and Justice K.R.Mohapatra observed that seven-year practice at the bar does not make candidates eligible to participate in the selection process through direct recruitment meant for lawyers if the candidates were serving as Judicial Officers on the date of submission of their application.
According to the High Court, a candidate in one category cannot avail the benefits meant for another category of candidates thereby candidates serving as judicial officers cannot go for direct recruitment. This is mainly because of the earned experience and struggle of a lawyer. If a lawyer is a direct recruit, he should compete with the other lawyers through direct recruitment quota. Judicial officers need to follow the rules which are meant for them in order to acquire the position of District Judges.
The lawyers, having struggled and earned sufficient experience in the span of 7 years, must not be deprived of their chances to become direct recruits in the cadre of District Judge. The court observed that the judicial officers, despite having money and experience, have not struggled at the Bar as much as a lawyer for seven years.
Thus, in the eyes of law, the participation of judicial officers in the selection process must not be detrimental to lawyers. Judicial officers must follow the rules which are meant for them. The recruitment should be in accordance with the Service Rules and not otherwise.
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