Munsiff-Magistrate Trainee Can’t Be Appointed As District judge by on direct appointment: Kerala HC
Last Updated on November 8, 2023 by News Desk
Based on the significant ruling by the Supreme Court in the case of Dheeraj Mor v. High Court of Delhi (2020), the Kerala High Court has determined that it’s not permissible to appoint a Munsiff Magistrate Trainee as a District Judge through direct recruitment within the quota designated for legal professionals.
The Kerala High Court has provided clarification that only a practicing lawyer who remains actively engaged in legal practice at the time of appointment is eligible to be selected for the position of District and Sessions Judge in the Kerala State Higher Judicial Service through direct recruitment from the legal profession.
A division bench consisting of Justice Anu Sivaraman and Justice C. Pratheep Kumar, therefore, declined to grant relief to a Munsiff Magistrate Trainee.
Her application for the position of District Judge was rejected because she did not meet the criteria of being a ‘practicing advocate’ at the time of submitting her application.
Importantly, a comparable matter is currently awaiting resolution in the Supreme Court in a separate case (Rejanish KV v. K Deepa) originating from Kerala.
In this case, a candidate’s eligibility for the position of District Judge was challenged because they had been appointed as a Munsiff during the District Judge selection process.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
