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Rejanish K.V. v K. Deepa

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Rejanish K.V. v K. Deepa

This case determines whether judicial officers with a practice experience of seven years are eligible for recruitment as district judges under the Bar quota.

Petitioners Arguments
Article 233(2) of the Constitution has been misinterpreted in Dheeraj Mor , and does not debar Judicial Officers with the requisite practice experience from being appointed as District Judges under the Bar quota. The case involves a substantial question of interpretation of the Constitution and therefore must be decided by a Constitution Bench.
Responders Arguments
The ruling in Dheeraj Mor does not require reconsideration as it has taken into consideration several decisions of the Supreme Court, including Constitution Bench rulings in Rameshwar Dayal v. the State of Punjab and Chandra Mohan v. State of Uttar Pradesh.
Last Listed On
2025-11-19
Start Date
2025-08-12
End Date
2025-10-09
Review Petition No
C.A. No. 3947/2020
Case Status
Archive
Bench Status
Constituted
Subject Matter
Constitution
Comment
NA
Disposal Time
1 month, 28 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgment pronounced by 5 Judge Bench

The present matter deals with the interpretation of Article 233(2) of the Constitution, which prescribes the appointment criteria for District Judges. According to the provision, advocates with at least seven years of practice experience may be appointed as District Judges directly from the Bar. In Dheeraj Mor v. Hon’ble High Court of Delhi , this was interpreted by the Supreme Court to mean that only advocates, and not Judicial Officers, with seven years of practice experience could be recruited as District Judges under the Bar quota. Judicial Officers were instead eligible to be appointed as District Judges either by way of promotion or the Limited Departmental Competitive Examination (LDCE). Relying on the aforementioned decision, the Kerala High Court, in Rejanish K.V. v. K. Deepa , upheld the removal of a District and Sessions Judge on account of the fact that he was serving as a Magistrate immediately prior to his appointment. However, the Court also conceded that the case involved a substantial question of law as to the interpretation of the Constitution and warranted the Supreme Court’s consideration. On 12-08-2025 , a three judge bench of the Supreme Court referred the matter to a Constitution Bench in accordance with Article 145(3) .

Can a Judicial Officer, with at least seven years of practice experience, be appointed as a District Judge under the Bar quota? Can a person with at least seven years of experience, either as a Judicial Officer or as a Judicial Officer and advocate combined, be eligible for appointment as a District Judge? Should the eligibility criteria for appointment as a District Judge be considered at the time of appointment or application or both?

Article 233(2) of the Constitution of India.

The issues involved in the case are substantial questions requiring interpretation of Article 233(2) of the Constitution and have not been dealt with by a Constitution Bench before.

Dheeraj Mor v. Hon’ble High Court of Delhi

Rejanish K.V. v. K. Deepa

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