‘Bar quota for direct recruitment as Distt Judge diluted’
Excelsior Correspondent
JAMMU, Nov 17: A meeting of the Executive Committee of the Jammu & Kashmir High Court Bar Association, Jammu (JKHCBAJ) was held today under the chairmanship of its President Nirmal Kumar Kotwal.
The members extensively discussed the judgment of the Supreme Court in Rejanish K V Versus K Deepa & Others, pronounced on October 9, 2025, by a five-judge Constitution Bench. The judgment interprets Article 233(2) of the Constitution to hold that serving Judicial Officers, who have a combined experience of at least seven years as advocates (prior to joining judicial service) and as Judicial Officers as of the date of application, are eligible for direct recruitment as District Judges under the quota reserved exclusively for the Bar.
This ruling overrules the earlier interpretation in Dheeraj Mor Versus High Court of Delhi, which required continuous practice as an advocate at the time of application and appointment, thereby excluding those already in judicial service. The Bench directed all State Governments and High Courts to amend their rules within three months to align with this expanded eligibility, aiming to broaden the pool of candidates for merit-based appointments.
The Executive Committee unanimously expressed grave concern over the judgment’s far reaching adverse implications for the legal profession across the country. It was observed that the decision undermines the independence and autonomy of the Bar by diluting the exclusive quota meant for practicing advocates, potentially allowing Judicial Officers to compete in the Bar quota and disrupting the constitutionally intended ratio between promotions from judicial service and direct recruitment from the Bar.
After detailed deliberations, the Bar Association decided to protest against the judgment at the national level to safeguard the rights and dignity of the practicing lawyers. Moreover, the Bar Association will write to all Bar Associations across India, including the Supreme Court Bar Association and State Bar Councils, urging them to extend solidarity and collectively pursue appropriate legal remedies, including the filing of a review petition against the judgment.
Prominent members, including Former Advocate General and Senior Advocate U K Jalali, Former Bar President and Senior Advocate Sunil Sethi and Senior Advocate K S Johal, strongly voiced their disapproval of the judgment, emphasizing its potential to erode the Bar’s independence and calling for a unified stand to restore the exclusive nature of the Bar quota.
The resolutions were fully endorsed by Vice President Baldev Singh, General Secretary Pardeep Majotra, Joint Secretary Anshu Mahajan and Treasurer Rahul Aggarwal. The prominent members of the Association including Surinder Kour, P N Goja V Bhushan Gupta, Raghu Mehta, PC Sharma Sheikh Shakeel Ahmed also endorsed the view of the Executive Committee.
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