Constitution Bench Ruling on District Judge Eligibility to Apply Prospectively: Supreme Court

The Supreme Court has clarified that its five-judge Constitution bench ruling in Rejanish K V v. K Deepa & Ors. (2025), which made judicial officers with seven years' experience eligible to apply for direct recruitment as district judges, will operate prospectively from October 9, 2025. However, Court carved out an exception for cases where the selection process had already been completed or appointments had been made before that judgment.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that any direct recruit or serving judicial officer who had been allowed to participate in the selection process and had already been selected or appointed before the Constitution Bench judgment would not be affected.

"If a direct recruit or even a serving judicial officer had been permitted to participate in the selection process and had been selected or appointed, all such selections and appointments stand protected," the Bench said.

Court added that such selected candidates remain entitled to appointment. It further held that judicial officers who had already been appointed but were later relieved from service solely on the ground of eligibility would be entitled to seek reinstatement.

What relief did the Supreme Court refuse?

While protecting completed selections and appointments, Court made it clear that candidates involved in ongoing or incomplete selection processes cannot claim any benefit merely because the process may eventually result in an appointment.

It held that no relief in the nature of deemed seniority can be granted on the basis of a selection process that remains incomplete or on the expectation of a future appointment.

"This principle has also been given shape to in our order dated 11.03.2026," the Bench noted.

Court accordingly directed all high courts to examine the cases of individual judicial officers and take appropriate decisions in accordance with the law laid down by the Constitution bench.

The order was passed on a miscellaneous application filed in the review proceedings arising out of the 2020 civil appeal, Dheeraj Mor v. Hon'ble High Court of Delhi & Ors. The Bench heard senior advocate V. Giri for the applicant and also considered the claims of other similarly placed persons.

What did the Constitution Bench hold on district judge eligibility?

In its 2025 Constitution bench judgment, the Supreme Court held that judicial officers who had already completed seven years of practice at the Bar before joining the subordinate judicial service would be eligible to apply for direct recruitment as District Judges/Additional District Judges.

The Constitution Bench also clarified that a candidate's eligibility has to be assessed as on the date of application.

Further, while Article 233(2) of the Constitution does not prescribe eligibility for serving judicial officers seeking appointment as district judges through direct recruitment, the Constitution bench directed that, to ensure a level playing field, an in-service candidate must have seven years' combined experience as a judicial officer and an advocate.

It also held that any person who is, or has been, in judicial service and has a combined experience of seven years or more as an advocate and judicial officer would be eligible to be considered for appointment as a District Judge/Additional District Judge under Article 233.

To maintain parity between advocates and judicial officers, the Constitution Bench further directed that the minimum age for appointment as a District Judge/Additional District Judge would be 35 years as on the date of application for both categories.

The Constitution Bench also overruled the line of decisions from Satya Narain Singh to Dheeraj Mor, holding that those judgments did not lay down the correct legal position to the extent they were inconsistent with the new ruling.

Case Title: Dheeraj Mor Vs Hon'ble High Court of Delhi

Bench: CJI Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi

Date of Judgment: May 22, 2026