Supreme Court of India · 1967-03-15
PREM NATH & ORS. vs STATE OF RAJASTHAN & ORS.
- Citation / case number
- SC 1966/60193
- Court
- Supreme Court of India
- Petitioner
- PREM NATH & ORS.
- Respondent
- STATE OF RAJASTHAN & ORS.
- Author
- RAO, K. SUBBA (),SHAHC.,SHELATM.,BHARGAVA, VISHISHTHA,MITTER, G.K.
- Bench
- RAO, K. SUBBA (CJ),SHAH, J.C.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.
Judgment text excerpt
The Supreme Court held that the Rajasthan Higher Judicial Service Rules, 1955 contravened Article 233 of the Constitution, as the consultation required was with the High Court and not a Selection Committee. However, the appointments made under these Rules were validated by Article 233A, which was introduced by the Twentieth Amendment. The Court clarified that a Civil Judge appointed as an Additional Sessions Judge falls within the definition of 'District Judge' under Article 236, thus affirming the applicability of Article 233 and the Rules to such appointments.