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The Supreme Court granted interim relief to the petitioners seeking an appointment for the post of District Judges through direct recruitment. The bench comprising Justice Kurian Joseph and Justice S.K. Paul directed the HC of Delhi and Allahabad to appoint the petitioners as District Judges subject to not making them resign from the posts of subordinate judges. The main question involved in the proceeding was the validity of the provision of direct recruitment of subordinate judges to the post of District Judges on the basis of them being the part of Bar from last seven years. The question of law is regarding the interpretation of Article 233 of the Indian Constitution, whether it allows appointment of District Judges through promotion or by way of direct recruitment.
The bench referred to the similar judgement passed by the bench comprising Justice J. Chelameswar and Justice S.K. Paul on May 10. The bench in its decision stated that the HC may proceed to appoint the petitioners as District Judges, without being made to resign their subordinate post and this clearly means the appointment is subject to the decision of the constitutional bench. The bench also mentioned that the same will be applicable for all those who clarified the written examination.
The bench comprising of Justice Kurian Joseph and M.M. Shantanagoudar in January, referred the same matter to the Chief Justice for referring it to the larger bench. The bench marked it as a matter that needs to be considered immediately.
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