Jammu Tawi, November 17, 2025:
A meeting of the Executive Committee of the Jammu & Kashmir High Court Bar Association, Jammu (JKHCBAJ), was held today at the High Court Bar Hall under the chairmanship of President Sr. Advocate Nirmal Kumar Kotwal.
The members deliberated extensively on the recent judgment of the Hon’ble Supreme Court in Rejanesh K.V. vs. K. Deepa & Others, delivered 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 possess a combined experience of at least seven years as advocates (before joining judicial service) and as judicial officers on the date of application — are eligible for direct recruitment as District Judges under the quota reserved exclusively for the Bar.
This ruling overturns the precedent laid down in Dheeraj Mor vs. High Court of Delhi (2020), which mandated continuous practice as an advocate at the time of application and appointment, thereby excluding judicial officers from the Bar quota. The Bench has further directed all State Governments and High Courts to amend their rules within three months to align with the expanded eligibility criteria.
The Executive Committee unanimously expressed deep concern over the far-reaching adverse implications of the judgment for the legal profession nationwide. The members observed that the decision dilutes the exclusive quota meant for practicing advocates and potentially allows serving judicial officers to compete for positions reserved for the Bar. This, they noted, disturbs the constitutionally intended ratio between promotions from the judicial service and direct recruitment from the Bar. The Committee warned that such a shift could weaken the independence of the Bar, limit opportunities for young lawyers, and compromise the adversarial system by favouring those already positioned within the judiciary.
After detailed deliberations, the Association unanimously resolved to protest the judgment at the national level in defence of the rights and dignity of practicing advocates. It was further resolved to write to all Bar Associations across India, including the Supreme Court Bar Association and State Bar Councils, urging collective solidarity and coordinated legal action, including the filing of a review petition.
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 criticised the judgment, highlighting its potential to erode the Bar’s autonomy. They noted that several Bar bodies, including the Kerala High Court Advocates’ Association, have already resolved to challenge the ruling through review or curative petitions.
The resolutions were fully endorsed by the Bar Executive and other prominent members including Sr. Adv. Surinder Kour, Sr. Adv. P.N. Goja, Adv. V. Bhushan Gupta, Adv. Raghu Mehta, Adv. P.C. Sharma, and Adv. Sheikh Shakeel Ahmed.
