Case Note & Summary
The appeal arose from a judgment by the Division Bench of the High Court of Judicature at Patna, which dismissed a writ petition filed by the appellant, Sunil Kumar Verma, challenging his termination as Additional District and Sessions Judge. The appellant, an advocate with over seven years of practice, applied for the position before the deadline of September 16, 2016. However, due to delays in the selection process, he accepted a position as Civil Judge (Junior Division) in Uttar Pradesh on January 16, 2017. After obtaining permission from the Allahabad High Court, he participated in the Bihar selection process and was appointed on August 21, 2018. Following the Supreme Court's ruling in Dheeraj Mor, which stated that advocates with prior judicial experience could not apply for the direct recruitment quota, the Patna High Court issued a show cause notice and subsequently terminated the appellant's services. The appellant contended that the Dheeraj Mor ruling did not apply to him as he was not in service at the time of his application or selection. The High Court maintained that the law was applicable and dismissed his petition. The Supreme Court found that the High Court had erred in its application of the law, noting that the appellant had sought necessary permissions and was eligible at the time of his application. The Court allowed the appeal, quashed the termination letters, and ordered the appellant's reinstatement with continuity of service but without emoluments for the period he was out of employment.
Headnote
A) Administrative Law - Judicial Appointments - Eligibility Criteria - Code of Civil Procedure, 1908 - The appellant's eligibility for the post of Additional District and Sessions Judge was questioned based on a prior judgment. The court held that the law in Dheeraj Mor did not apply to the appellant's case due to his unique circumstances, leading to the quashing of his termination (Paras 13-15).
Issue of Consideration
Whether the appellant's termination from the post of Additional District and Sessions Judge was justified based on the judgment in Dheeraj Mor v. High Court of Delhi.
Final Decision
The Supreme Court allowed the appeal, quashed the termination letters dated January 4, 2021, and December 17, 2020, and directed the appellant to be reinstated within two weeks, with continuity of service but without emoluments for the period he was out of employment.
Law Points
- Judicial appointments
- eligibility criteria
- interpretation of judicial precedents
- service continuity
- termination of service
