PREM NATH & ORS. versus STATE OF RAJASTHAN & ORS.

PREM NATH & ORS. versus STATE OF RAJASTHAN & ORS.

The Rajasthan Higher Judicial Service Rules, 1955 contravened Article 233 of the Constitution as they did not provide for proper consultation with the High Court and the appointments made under them were invalid. However, Article 233A of the Constitution (Twentieth Amendment) Act, 1966 validates such appointments. The post of Civil and Additional Sessions Judge is included within the definition of 'District Judge' in Article 236, and accordingly Article 233 and the Rajasthan Higher Judicial Service Rules apply.

Parties
Appellants: Prem Nath & Ors.; Respondents: State of Rajasthan & Ors.; Respondents/interveners: Respondents Nos. 6 and 7; Interveners Nos. 1 and 2; Intervener: Intervener No. 3; Intervener: Intervener No. 4
Jurisdiction
India
Judgment Date
15 March 1967
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate From Rajasthan High Court Judgment Dated November 27, 1964 in D.b. Writ Petition No. 803 of 1964
Outcome
Appeal dismissed.
Legal Topics
Appointment of District Judges, Judicial Service Recruitment, Rajasthan Higher Judicial Service Rules
Constitutional Law Service Law Appointment of District Judges Judicial Service Recruitment Rajasthan Higher Judicial Service Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Prem Nath & Ors.

Appellants

State of Rajasthan & Ors.

Respondents

Respondents Nos. 6 and 7; Interveners Nos. 1 and 2

Respondents/interveners

Intervener No. 3

Intervener

Intervener No. 4

Intervener

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate From Rajasthan High Court Judgment Dated November 27, 1964 in D.b. Writ Petition No. 803 of 1964

Legal Issues

  1. 1 Whether the Rajasthan Higher Judicial Service Rules, 1955 contravene Article 233 of the Constitution.
  2. 2 Whether appointments made under the Rules are validated by Article 233A introduced by the Constitution (Twentieth Amendment) Act, 1966.
  3. 3 Whether the post of Civil and Additional Sessions Judge falls within the definition of 'District Judge' in Article 236.

Ratio Decidendi

The Rajasthan Higher Judicial Service Rules, 1955 contravened Article 233 of the Constitution as they did not provide for proper consultation with the High Court and the appointments made under them were invalid. However, Article 233A of the Constitution (Twentieth Amendment) Act, 1966 validates such appointments. The post of Civil and Additional Sessions Judge is included within the definition of 'District Judge' in Article 236, and accordingly Article 233 and the Rajasthan Higher Judicial Service Rules apply.

Court Disposition

Appeal dismissed.

Orders

  • No order as to costs.
  • Question of seniority of Respondents 6 and 7 left open.