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Kerala High Court had set aside the appointment of a district judge on the ground that the candidate was not a practicing advocate on the date of appointment. But when the matter came before a single bench headed by the chief justice of India SA Bobde. The writ petition was filed by Renjanish KV against the HC order which had canceled the appointment of the petitioner as a district judge.
The petitioner had practiced as an advocate for 7 years when he applied for the post of the district judge, at the same time he had applied for the post of Magistrate and was designated as Magistrate on 28-12-2017. He was serving as a Magistrate until he received an appointment letter for the District judge of Thiruvananthapuram, 24-08-2019. Another candidate named Deepa challenged the said appointment in the High Court of Kerala on the ground that the petitioner was serving as a judicial officer that is as a Magistrate and not as a practicing advocate on the date of appointment as District Judge.
The High court riled up on the Judgement Dheeraj mor V. High Court of Delhi where the court had held that it is compulsory for a candidate to be as a practicing advocate until the date of appointment as a District Judge. Any person who has stopped practicing as an advocate cannot be appointed as a District Judge. When the matter went to the Division Bench, it upheld the decision of a single bench yet granted a fitness certificate to approach Apex court as the matter involved the substantial question of law of public importance. The divisional bench opined that the rules of various states on the appointment of judges may be contrary to the authority held in The Dheeraj Mor Case.
When the matter came to the Supreme Court the petitioner was successful in getting an injunction against the order made in the High Court.
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