Supreme Court of India · 2013-12-06
STATE OF RAJASTHAN vs M/S BASANT AGROTECH (INDIA) LTD.
- Citation / case number
- SC 2012/4581
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- M/S BASANT AGROTECH (INDIA) LTD.
- Author
- ANIL R. DAVE
- Bench
- DIPAK MISRA ANIL R. DAVE
Judgment text excerpt
The Supreme Court held that the appellants, who were Assistant Public Prosecutors, were eligible for appointment as District and Sessions Judges despite being in government employment, as they were still considered advocates under Article 233(2) of the Constitution of India. The Court distinguished this case from previous judgments, affirming that employment as a Public Prosecutor does not negate one's status as a practicing advocate. The Court overturned the High Court's decision that had disqualified the appellants based on their employment status and age, thereby allowing their appeals.