public prosecutor can appear in Higher Judiciary Exam.
pawan sharma
(Querist) 13 July 2010
This query is : Resolved
i. kindly provide the verdit of hon'ble apex court on the point of higher judicial service exam.
ii. can a public prosecutor or assistant public prosectuor or law officer of centre / state have 07 years experience before joining his post apply to the post of ADJ,
decison of the supreme court or high courts may kindly be attached or cited.
please comments
s.subramanian
(Expert) 03 October 2010
Yes. He can .There is no bar.
pawan sharma
(Querist) 06 October 2010
Dear, Subramanian ji have any Rule or case law on this point, please cited.
M/s. Y-not legal services
(Expert) 06 October 2010
Dear pawan, i don't know about all over india.. But in tamilnadu.. Its not possible.. I mean an a.p.p or p.p can not apply for any higher judiciary posting like district judge etc. Am sure.. But why mr.subramanian gave that reply.. I don't know.. In tamilnadu 17 posting were called for district judge.. Two public prosecutors filed a writ petition for allow them to apply for that exams.. Last month only that stays were vacated..
Baldev Singh
(Expert) 01 March 2011
No, Public prosecutor being already in the service of the Union of the cannot appear in higher judiciary examination
233(2) deals with recruitment of District judges from the eligible advocates.
Article 233(2) of the Constitution reads as under:
“A person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or to pleader and recommended by high court for appointment
As per Article 233(2) of the Constitution of India, there are three essential conditions for appointment to the post of District Judges are:
a) A person who is not in any service whether under Union or States;
b) A practising advocate/pleader for at least 7 years; and
c) Last requirement is recommendation of the High Court.
If any of the essential component contemplated by the Constitutional provision, wanting, he is ineligible.
Therefore public prosecutors/Assistant Public Prosecutors or any person who is already in service of the Union or the States shall not be eligible for the post of District Judge. Article 233 (2) with all its vitality, versatile and rigour prohibits a member of service to seek appointment to the office of District/Additional District Judge.
1. .Keshav Kaushik versus State of Haryana CWP No. 9157 of 2008 Decided on 18.05.2010 Punjab and Haryana High Court D. B. Reported as 2010 (3) SCT 245
2. K.R. Biju Babu V/s High Court Kerela 2008 Lab . & I C 1784 ( Kerela)
