Supreme Court held that, without eligibility for the post of District Judge, petitioners (who are subordinate judiciary) cannot claim stake for the post/continue in the post reserved for Advocates (25%) and hence they have to be reverted to their earlier posts.
From Para 48,
Dheeraj Mor Vs High Court of Delhi on 19 February 202048. In the case of Dheeraj Mor and others cases, time to time interim orders have been passed by this Court, and incumbents in judicial service were permitted to appear in the examination. Though later on, this Court vacated the said interim orders, by that time certain appointments had been made in some of the States and in some of the States results have been withheld by the High Court owing to complication which has arisen due to participation of the ineligible in-service candidates as against the post reserved for the practising advocates. In the cases where such in-service incumbents have been appointed by way of direct recruitment from bar as we find no merit in the petitions and due to dismissal of the writ petitions filed by the judicial officers, as sequel no fruits can be ripened on the basis of selection without eligibility, they cannot continue as District Judges. They have to be reverted to their original post. In case their right in channel for promotion had already been ripened, and their juniors have been promoted, the High Court has to consider their promotion in accordance with prevailing rules. However, they cannot claim any right on the basis of such an appointment obtained under interim order, which was subject to the outcome of the writ petition and they have to be reverted.
Citations: [2020 SCC OnLine SC 213]
Other Source links:
https://indiankanoon.org/doc/10432983/ or
https://www.casemine.com/judgement/in/5e52c0a93321bc1e173f86fc or
https://www.indianemployees.com/judgments/details/dheeraj-mor-versus-hon%E2%80%99ble-high-court-of-delhi or
https://www.livelaw.in/top-stories/practising-advocates-experience-gained-at-bar-injects-judicial-branch-with-fresh-perspectives-sc-152952 or
https://www.scconline.com/blog/post/2020/02/19/members-of-subordinate-judiciary-cant-claim-direct-recruitment-to-the-district-judge-post-under-quota-meant-for-practicing-advocates/ or
https://www.barandbench.com/news/breaking-judicial-officers-cant-be-considered-for-direct-recruitment-as-district-judges-under-quota-for-bar-sc
