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Report No. 80

6.23. Attracting competent persons from outside-possibility of.-

Doubt is sometimes raised as to whether we would be able to attract competent persons on the Bench of the High Court if at the time of their appointment they are conscious of the fact that they would be posted not in their own State but in another State. So far as this aspect is concerned, we may mention that though quite a number of persons would be reluctant to be appointed outside their State, there would always be, in our opinion, a certain percentage of persons being considered for High Court judgeship who would have no objection to being appointed outside the State.

In the case of District Judges being appointed, the prospect of promotion would in most cases be enough inducement and will outweigh the possible inconvenience of being posted outside the State. As regards the members of the Bar, some might consider it advantageous to be appointed outside the State, so that after retirement they can resume, if they so desire, the practice in the State High Court wherein they were practising earlier. The bar against practising in the High Court in which one was previously a judge would not thus stand in the way.



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