Bank Employee Working In Its Legal Branch Ineligible To Become A Judge: Gujarat HC [Read Judgment]

Avinash Detta, after obtaining a law degree from Gujarat National Law University in 2012, practiced as an Advocate for some period and then joined a bank and has been working as its Deputy Manager (Law).

The application which he submitted online for the post of Civil Judge was rejected on the ground that he was ineligible to participate in the selection process. The eligibility condition (as per Gujarat State Judicial Services Rules) to the post of Civil Judge provides that a candidate must be practicing as an advocate in the civil or criminal court or alternatively, the candidate must be working in the courts or 'other allied departments' on the last date fixed for receipt of application. 

Before the High Court, his contention was that the Bank where he has been working as Deputy Manager (Law) should be treated as an allied department to render him eligible.

However, Justice NV Anjaria, disagreed with this interpretation made by Detta's Counsel. Explaining the context of the expression 'courts or 'other allied departments'', the judge observed.

"The context is the 'courts' and the purpose is to have a Judge selected and appointed in the court. The candidate when appointed, would act as a Presiding Officer in the court and would conduct the proceedings of the court. Amongst the institutions in a democratic set up, the institution of courts has its own identity and significance. The courts, at all levels, because of their special functional feature and cultural characteristics, constitute a class by itself."

Holding that Detta, a bank employee, could not be treated as employee working in the 'allied department' within the meaning of the Rule, the judge further observed:

"The contemplation of the 'allied departments' when mentioned in the context of the word 'courts', it cannot mean to apply any and sundry department. The 'allied departments' must have the reference to the conceptuality of the court. The categories in Instruction No.10 (7) are mentioned accordingly. It would indeed not include Bank where the petitioner is a Deputy Manager in the legal branch. The petitioner could not be treated as employee working in the 'allied department' within the meaning of the Rule 7(2)(b) of the Rules."

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