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Supreme Court of India 2018-01-23 remanded

Dheeraj Mor vs Hon'ble High Court of Delhi

Bench: 2 — Chelameswar, Sapre

In Brief

These consolidated petitions challenge High Court decisions denying applications from judicial service members for direct recruitment as District Judges. The petitioners argued they had completed seven years of legal practice before joining service and should be eligible. The Supreme Court held that Article 233(2) only bars appointment of those in service—not application or selection participation. A person may apply while in service; ineligibility arises only at the appointment stage. The Court recognized divergent prior precedents on whether eligibility is judged at application or appointment, and referred the matter to the Chief Justice to constitute an appropriate larger Bench for definitive interpretation.

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