In Brief
Multiple petitions challenged the High Court of Delhi's refusal to allow advocates and judicial officers to apply for direct recruitment as District Judges due to their existing service status under Article 233(2) of the Constitution. The Supreme Court held that Article 233(2)'s bar on appointment applies only at the point of appointment, not application or selection. Persons may apply and participate in selection if they meet advertised qualifications, even while in service; the Constitutional right to equality (Articles 14 and 16) protects their eligibility to compete. The Court referred the matter to a Constitution Bench to determine definitively whether eligibility should be assessed at application, appointment, or both stages.
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