Can’t bend rules, 7-yr law practice must for district judge post: HC

MUMBAI: Seven years of continuous practice as an advocate is mandatory before applying for the post of a district judge, the HC has ruled. A former judicial magistrate's petition urging the HC to declare her qualified to appear for the examination for the post of district judge was dismissed by a division bench of Justice Anoop Mohta and Justice Nitin Jamdar. She had resigned from her post as a magistrate, and gone to work at a private firm as an HR manager, before returning to law practice. The authorities disqualified her from appearing for the exam for not meeting the eligibility criteria.

"She was not continuously in practice as an advocate, seven years preceding, the date of advertisement (for the post). The action of disqualification is well within the frame of law and the record," said the judges, adding, "There is no case made out to interfere with the decision."

The petitioner passed her law exams and enrolled as an advocate in 2001. For the next three years she practised as an advocate. In 2004, she was appointed as a judicial first-class magistrate and she worked till May 2009, when she resigned. Between 2009 and 2012, she worked as an HR manager at a firm and then a legal associate. In 2012, she returned to practise. In July 2014, she submitted her application for the post of district judge.

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