38.6c New Delhi, India, Thursday, August 28, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Advocate Needs To Be In 'Continuous Practice' For 7 Years On Date Of Application To Seek Appointment As District Judge: Allahabad HC

By Vaibhav Gattani      28 March, 2022 02:21 PM      0 Comments
Advocate Needs To Be In Continuous Practice Allahabad HCAdvocate Needs To Be In Continuous Practice Allahabad HC

The Allahabad High Court clarified in the case Bindu v. High Court Of Judicature At Allahabad that continuous practice as a lawyer for 7 years without a break, is necessary to seek appointment as a District Judge under Article 233 (2) of the Constitution.

A Division Bench of Justices Dr Kaushal Jayendra Thaker and Ajai Tyagi was hearing a plea filed by a petitioner who was practicing as a public prosecutor since 2019 and had applied for being appointed as a judicial officer in the Uttar Pradesh State Higher Judicial Service.

After the petitioner cleared the exam, the High Court did not allow her to appear for final exams on finding that petitioner did not have continuous practice of seven years on the date of filling the form.

The High Court placed reliance, in this regard, on the judgment of the Supreme Court in Deepak Aggrawal v Keshav Kaushik.

The petitioner, thus, moved the High Court seeking quashing of the rejection of her candidature and a direction to the respondents to allow her to participate in the selection process.

The Court on examining the grounds of challenge, found that it was clear that the petitioner could not seek appointment as Judicial Officer/District Judge as she did not fulfil the criteria under Articles 233, 234 and 236 of the Constitution, since between the years of 2017 to 2019, she was employed and so there was a break in her legal practice.

Nonetheless, the question that arose for consideration was whether the break in the petitioners practice could be condoned.

The Bench noted that the Rules framed must be construed so that the purpose of the legislation is not withered down. The term "has been" was interpreted to mean seven years in the present perfect continuous tense.

Therefore, the High Court concluded that the interpretation would not permit them to entertain the petition and consequently, the plea was dismissed.

Advocate Vijay Tripathi appeared for the petitioner whereas the High Court was represented by advocates Ashish Mishra and Rahul Agarwal.

 



Share this article:



Leave a feedback about this
TRENDING NEWS

cant-projects-judges-as-political-actors-ex-cjis-former-judges-rebut-statement
Trending Executive
'Can't projects judges as political actors,' ex CJIs, former judges rebut statement by ex judges on statement of Amit Shah [Read Statement]

56 former judges, including ex-CJIs Sathasivam & Gogoi, rebut peers’ statement on Amit Shah, stressing judiciary must stay above politics.

27 August, 2025 06:46 PM

TOP STORIES

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM
sc-women-lawyers-body-condemns-sexist-remarks-by-justice-katju-seeks-apology
Trending Judiciary
SC women lawyers' body condemns 'sexist' remarks by Justice Katju; seeks apology [Read Press Release]

SC Women Lawyers Association condemns Justice Katju’s ‘sexist’ remarks, demands public apology; calls comments an assault on dignity of women lawyers.

22 August, 2025 03:49 PM
sc-orders-status-quo-on-sambhal-mosque
Trending Judiciary
SC orders status quo on Sambhal mosque

SC orders status quo on Sambhal mosque till Aug 25; seeks Hindu petitioners’ reply on plea against survey of Mughal-era masjid under dispute.

22 August, 2025 06:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email