Published on: 09 August 2023 at 17:10 IST
Court: Supreme Court
Citation: Deepak Aggarwal V. Keshav Kaushik (2013)
Honourable Supreme Court of India has held that the Public Prosecutor does not cease to be an Advocate in accordance to the definition of the Article 233(2) of the Constitution of India. Thus, a Public Prosecutor is eligible to be District Judge subject to the recommendation of the Hon’ble High Court for the State to the Governor.
103. Rule 11 of the HSJS Rules provides for qualifications for direct recruits in Haryana Superior Judicial Service. Clause (b) of this Rule provides that the applicant must have been duly enrolled as an advocate and has practised for a period not less than seven years. Since we have already held that these five private appellants did not cease to be advocate while working as Assistant District Attorney/Public Prosecutor/Deputy Advocate General, the period during which they have been working as such has to be considered as the period practising law. Seen thus, all of them have been advocates for not less than seven years and were enrolled as advocates and were continuing as advocates on the date of the application.
Drafted By Abhijit Mishra