Quick answer
Yes, under the current law. In Rejanish K.V. v. K. Deepa (9 October 2025), a five-judge Constitution Bench of the Supreme Court held that serving judicial officers can compete for direct recruitment as District Judges under Article 233. On the date of application, a candidate needs 7 years' continuous experience as an advocate, a judicial officer or both combined, and must be at least 35 years old. This overruled the contrary line of cases ending with Dheeraj Mor v. High Court of Delhi (2020), and it applies only from the date of the judgment.
The law: Article 233
Article 233(1) says District Judges are appointed by the Governor in consultation with the High Court. Article 233(2) says a person not already in the service of the Union or of the State is eligible only if he has been an advocate or pleader for at least 7 years and is recommended by the High Court. The dispute was whether this clause shuts judicial officers out of the posts kept for direct recruitment.
The two cases
Dheeraj Mor v. High Court of Delhi, AIR 2020 SC 1084, Supreme Court of India, 19 February 2020 (three judges: Arun Mishra, Vineet Saran and S. Ravindra Bhat, JJ.). Held that members of the judicial service can become District Judges only by promotion or a limited competitive examination. Direct recruitment was for practising advocates with 7 years' practice, counted both on the cut-off date and at appointment. Judicial officers could not apply, even with 7 years at the Bar before joining service or with 7 years of combined experience.
Rejanish K.V. v. K. Deepa, 2025 INSC 1208, Supreme Court of India, 9 October 2025. A Constitution Bench of B.R. Gavai, CJI (author), M.M. Sundresh, Aravind Kumar, Satish Chandra Sharma and K. Vinod Chandran, JJ. Sundresh, J. wrote a separate concurring opinion. Held that Article 233(2) sets no eligibility condition for persons already in judicial service and does not bar them from direct recruitment. The view taken from Satya Narain Singh to Dheeraj Mor was held not to lay down the correct law.
Key directions in Rejanish K.V.
- Eligibility of judicial officers: a judicial officer who completed 7 years at the Bar before joining service may be appointed through direct recruitment.
- Combined experience: an in-service candidate needs 7 years' combined experience as a judicial officer and an advocate.
- Continuity: the experience, as an advocate, a judicial officer or a combination of both, must be continuous on the date of application. The Court gave the illustration of a person who practised for 5 years, took a 10-year break and then practised for 2 more years. Such a person has lost touch with the legal profession and is not eligible.
- Minimum age: 35 years on the date of application, for both advocates and judicial officers. The Court said this gives a "level playing field".
- Relevant date: eligibility is judged at the time of application. It does not also have to be shown on the date of appointment.
- Rules: State rules that conflict with these answers were quashed. State Governments, in consultation with the High Courts, were directed to frame or amend their rules within three months.
- Prospective effect: the ruling applies only from the date of the judgment. Selections completed and appointments made earlier are not affected, except in cases where High Courts or the Supreme Court had passed interim orders. Those cases were left to the Bench hearing them.
Dheeraj Mor and Rejanish K.V. compared
| Point | Dheeraj Mor (2020) | Rejanish K.V. (2025) |
|---|---|---|
| Can a judicial officer apply for direct recruitment? | No | Yes |
| Experience counted | Only continuing practice as an advocate | 7 years' continuous experience as advocate, judicial officer or both combined |
| Date for eligibility | Cut-off date and date of appointment | Date of application |
| Status today | Overruled | Current law |
Zoya practised as an advocate for 4 years and then, without a break, served 3 years as a Civil Judge. She has 7 years' continuous combined experience. If she is 36 when a District Judge recruitment notice is issued after 9 October 2025, she can apply as a direct recruit. If she were 34 on the application date, she would not qualify, because she is below the minimum age of 35.
Later developments
In an order dated 11 March 2026, a three-judge bench (Surya Kant, CJI, Joymalya Bagchi and Vipul M. Pancholi, JJ.) dealt with the pending cases in this batch and applied the Constitution Bench ruling to them. Students should also read the latest recruitment rules and notification of the High Court concerned. For the earlier position in detail, see the Law Easy note on Dheeraj Mor v. High Court of Delhi.
Exam point
Rejanish K.V. v. K. Deepa (2025, five judges) overruled Dheeraj Mor (2020). Judicial officers with 7 years' continuous combined experience as advocate and judicial officer, aged at least 35 on the application date, can now seek direct recruitment as District Judges under Article 233. The ruling applies prospectively.
