Patna High Court dismissed two writ petitions challenging the exclusion of full-time corporate employees from the District Judge Entry Level Examination. The court held that such employees, unlike government law officers, are not practicing advocates and thus ineligible.
None, both writ applications were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3511 of 2016
=========================================================== Sanjeet Kumar Sinha, son of Late Sachchidanand Sinha, resident of J - 105, P.C.
Colony, Kankarbagh, P.S. Kankarbagh, District Patna.
.... .... Petitioner
Versus
.... .... Respondents
with
===========================================================
Civil Writ Jurisdiction Case No. 4297 of 2016
===========================================================
Ranjeet Kumar, Son of Shri Gangadhar Lal Das, Permanent Resident of Flat No. 202 - A. Harihar Apartment, East of Shyamal Hospital, Magistrate Colony, Khajpura, District - Patna, Bihar, at present residing at resident of Flat No. 7, Block No. 4, Archana Complex, South TT Nagar, Near 2nd Stop, Bhopal, Madhya Pradesh.
.... .... Petitioner
Versus
.... .... Respondents
Patna High Court CWJC No.3511 of 2016 dt.12-05-2016
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=========================================================== Appearance : (In CWJC No. 3511 of 2016) For the Petitioner : Mr. Sandeep Kumar, Advocate. Mr. Ashutosh Kumar Jha, Advocate. For the Respondents : Mr. Piyush Lal, Advocate. (In CWJC No. 4297 of 2016) For the Petitioner : Mr. Dinu Kumar, Advocate. Mr. Manoj Kumar, Advocate. Mr. Rajesh Kumar, Advocate. For the Respondents : =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI, ACJ and HONOURABLE MR. JUSTICE HEMANT GUPTA C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 12-05-2016
This order shall dispose of the above said two writ applications as common questions of law and facts are involved in these cases.
Patna High Court CWJC No.3511 of 2016 dt.12-05-2016
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Level (Direct from Bar) and were successful. They were allowed to appear in the Mains Examination and were successful in the Mains Examination as well. The petitioners were called for interview, but subject to condition to bring „No-Objection Certificate from the employer‟. The petitioners communicated that it will not be possible to obtain „No Objection Certificate‟ in the short span of time. The petitioners proceeded to appear for interview, then, they received a message that they were not practicing Advocate, but in full time corporate employment and they were, therefore, ineligible to appear in the interview. The Public Notice reads as under:-
“PATNA HIGH COURT
NOTICE
On preliminary scrutiny of the online applications filled up by the candidates and scanned copies of the documents uploaded by them on the website of the Court, it has been found that following candidates are not practicing as an Advocate but are in full time corporate employment. As such, these candidates are ineligible to appear in the interview-
Roll No. 1) 1111001588 2) 1111003880
3) 1111006565
Further, following candidates would be permitted to appear in the interview, subject to satisfying the High Court that they fulfill the eligibility criteria as laid down in Article 233(2) of the Constitution of India-
Roll No. 1) 1111004676 2) 1111000890
Sd/Registrar General Patna High Court, Patna Date: 17-2-2016”
Patna High Court CWJC No.3511 of 2016 dt.12-05-2016
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judgment of the Hon‟ble Supreme Court, reported as Deepak Aggarwal Vs. Keshav Kaushik and others (2013) 5 SCC 277, to contend that the petitioners are eligible to appear for appointment to the post of District Judge Entry Level (Direct from Bar).
Patna High Court CWJC No.3511 of 2016 dt.12-05-2016
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appointment as District Judge Entry Level (Direct from Bar).
(Hemant Gupta, J) I agree I. A. Ansari, ACJ (I. A. Ansari, ACJ) P.K.P. N.A.F.R. U
2 issues framed by the court
Whether employees of National Seeds Corporation Limited and Canara Bank are eligible for the District Judge Entry Level Examination under Articles 233(2) of the Constitution of India.
Whether full-time corporate employees can be considered as practicing advocates for the purpose of recruitment as District Judges.
Colour shows how this judgement treated each authority
Deepak Aggarwal Vs. Keshav Kaushik and othersReferred¶45
Deepak Aggarwal Vs. Keshav Kaushik and others (2013) 5 SCC 277 · Who else cites this
Sanjeet Kumar Sinha
Ranjeet Kumar
The High Court of Judicature at Patna through its Registrar General
The Registrar General, High Court of Judicature at Patna
The Selection Committee, District Judge, Entry Level - 2015, High Court of Judicature at Patna
I. A. Ansari
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
