In Brief
Two judges of Bihar's subordinate judicial service applied for direct recruitment as District Judges. They qualified in the examination but the High Court refused to allow them to appear in the interview, citing Article 233(2) of the Constitution (which bars those already in government service from appointment as District Judge) and suggested they resign first. The Supreme Court allowed their appeal, holding that Article 233(2) operates only at the appointment stage, not at selection. Persons already in service can participate in selection and may choose to accept or decline a District Judge appointment if selected, without being forced to resign beforehand. The judgment emphasizes the constitutional distinction between 'selection' and 'appointment' in service law."
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