Clause (2) of Article 233 of the Constitution of India clearly mandates that a person not already in service of the Union or of the State shall only be eligible to be appointed a district Judge..... Question is: in some states Government appoint advocates to be First Class judicial Magistrates not under the Rules framed by the Governor under Article 234 of the Constitution but under 309 by way of excluding the consultation with the High Court: which was followed by Notification under the Rules framed under 234 of the Constitution. Now those Magistrates appointed under the Rules framed under Article 309 and by the time the Rules were framed and Notification issued by the Government under Article 234 of the Constitution they were holding the post of Session Judge. Question now is whether those Magistrates and acting as Session Judge were holding service under the State under Clause (2) of article 234 or they were holding Judicial Service as contemplated under 234 of the Constitution? Can they be brought within the meaning of Judicial Service as contemplated under Article 234 of the Constitution after the Judicial service were framed under Article 234 and 233 of the Constitution of India?
