There is no All India Judicial Service; service rendered in other state can't be counted for DHJS appointment: Delhi High Court

The Delhi High Court recently held that there is no All India Judicial Service, and therefore, an officer seeking appointment to the judicial service of a state will have to complete the prescribed eligibility criteria of service in the feeder grade of that state [Ms Neetu Nagar v. Govt of NCT of Delhi and Anr]..A Division Bench of Justices Manmohan and Saurabh Banerjee held that service rendered as a judicial officer in another state cannot be counted towards the qualifying services for appointment to the Delhi Higher Judicial Service (DHJS).The constitutional scheme as reflected in Articles 233 and 235 is that each High Court of a state has control over certain courts under its jurisdiction, and consequently, this differentiation is constitutionally sanctioned, the Court noted..The Bench, therefore, dismissed a plea by a judicial officer demanding that her services as a Civil Judge (Junior Division) with the Haryana Civil Service (Judicial Branch) should be counted for the purpose of calculating the qualifying service (ten years) for appointment to the DHJS by promotion.The petitioner, Neetu Nagar, had served in Haryana from June 2012 to May 2018 as Civil Judge (Junior Division). She then resigned and joined the Delhi Judicial Service.Later, the officer came to court asking to be allowed to appear for the Limited Departmental Competitive Examination (LDCE) 2022. The Examination Committee of the High Court rejected her plea, prompting the petitioner to move the High Court..After considering the case, the Bench held that the Haryana Civil Services (HCS) (Judicial Division) and the Delhi Judicial Services (DJS) are distinct judicial services of two different states governed by different service rules and controlled by different High Courts.“Furthermore, since DJS and HCS are not departments of an All India Judicial Service, the petitioner had to complete the prescribed eligibility criteria of service in the feeder grade i.e. DJS. Consequently, the assumption and presumption underlying the arguments of the petitioner that there is an All India Judicial Service for judicial officers is contrary to facts and untenable in law,” the order stated..It further noted that the condition precedent for participating in the LDCE examination is the fulfilment of ten years of qualifying service. As per the Delhi Judicial Service Rules, the word ‘service’ means service in Delhi.“There being no provision for inter-changeability or counting of previous service in any other service in the said DJS Rules, this Court cannot extend such benefit beyond the prescribed purview thereof,” the bench underscored.It added that allowing the petitioner to appear in the LDCE would amount to permitting her to take a leap over other officers who are otherwise her seniors..Senior Advocate Abhaya K Behera along with advocate Ankur Chhibber appeared for the petitioner.Advocates Dr Amit George, Amol Acharya, Arkaneil Bhoumik, Piyo Harold Jaimon and Rayadurgam Barath appeared for the Delhi High Court.Standing Counsel Avnish Ahlawat along with Advocates Tania Ahlawat, Nitesh Kumar Singh, Palak Rohmetra, Laavanya Kaushik and Aliza Alam appeared for the Delhi government. .[Read Order]