Whether person in govt/judicial service should resign to participate in District judge selection process?

“The challenge in the present writ  application  is  to  the  communication,
dated 16th of February, 2016, whereby representation of the  petitioners  to
appear in interview for the post of District Judge Entry Level (Direct  from
Bar) Examination, 2015, was  rejected  and  a  condition  was  imposed  that
petitioners  will  have  to  tender  their  rejection,   first,   from   the
Subordinate Judicial Service of the State of  Bihar  and  only,  thereafter,

they could appear in the interview.
  For   the   above-mentioned   reasons,   the   Appeal   is   allowed.
Consequently, the Writ Petition  (CWJC  No.  3504  of  2016)  filed  by  the
appellants also stands allowed  directing  the  respondents  to  permit  the
appellants to participate in the selection process  without  insisting  upon
their resigning from their current employment.  If the appellants are  found
suitable, it is open to the appellants to resign  their  current  employment
and opt for the post of District Judge, if they so choose.
REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.7358  OF 2016
                 (Arising out of SLP (C) No. 17466 of 2016)


Vijay Kumar Mishra and Another                             … Appellants

                                    Versus

High Court of Judicature at Patna and Others              … Respondents

   Dated:August 9, 2016                    
Chelameswar, J.
Citation:(2016) 9 SCC313,2017(2) MHLJ 9 SC

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