- (1.) Heard on admission.
(2.) The petitioner is admittedly posted as IInd Grade Teacher in a Government School since 2011. He submitted an application to appear in the examination for appointment as District Judge but his candidature has been rejected on the ground that he is in service other than prosecution. Aggrieved, the petitioner has filed the present petition against the order rejecting his candidature.
(3.) The provisions for appointment of District Judges are contained in Article 233 of the Constitution which reads as under:- "233. Appointment of district judges: 1.Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. 2.A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment." 3. Part IV of the Rajasthan Judicial Service Rules, 2010 deals with the mode of recruitment. The relevant extract of Rule 33 of these Rules reads as under:- "33. Eligibility for direct recruitment.- For the purpose of direct recruitment under sub-rule (3) of Rule 31, applications shall be invited by the Court from those Advocates, who fulfill the following conditions of eligibility:- (i)xxxxxx (ii) xxxxx (iii) must have been an Advocate for a period of not less than seven years on the last date fixed for receipt of applications. (iv) xxxxx (v)the character of a candidate must be such as to render him suitable in the opinion of the Court in all respects for appointment to the service. He must produce a certificate of good character from the District Judge of the District in which he has been practising as a lawyer and two such certificates, written not more than six months prior to the date of submission of the application to the Court, from two responsible persons not related to him.";