(1) The Judicial Council shall recommend any Nepali citizen for appointment to the post of judge in accordance with the principle of proportional inclusion under the Constitution:

(b) Appointed to the post of judge from the point of view of seniority, experience, subject knowledge, efficiency, honesty, impartiality, professional and ethical conduct, reputation earned in public life, contribution to the field of justice and law. suitable to do,

(c) whose name is included in the record as per section 3,

(d) appointed as per clause (b) or (c) of sub-section (2) of Article 149 of the Constitution In the case of the District Judge, the Judicial Service Commission has recommended in accordance with sub-section (3) of the same section.

(2) Whatever is written in clause (c) of sub-section (1), only because the name is not included in the record as per section 3, such There is no obstacle to appointing a person to the post of judge.

(3) Recommendation for appointment to the post of judge of the Supreme Court or High Court to a person or an officer of the judicial service who is holding the post of a judge or has worked as a judge of a court or an additional judge of an appellate court. In addition to the grounds written in sub-section (1), the Judicial Council shall also consider the following matters. Matters mentioned,

(b) seniority, qualification and performance evaluation of the person concerned,

(c) sitting Judge of High Court or District Court or Judge of any Court or Additional Judge of Appellate Court If there is a person who has worked as a judge, the proportion of the cases decided by him annually and the proportion of the cases decided by the higher court when the final decision was upheld or partially or completely invalidated.In the case of a retired person, the ratio of the cases decided annually shall be maintained, the ratio of the cases decided during the period of working as a judge shall be maintained. While recommending for appointment, in addition to what is written in sub-section (1), professional continuity and assessment of contribution in the field of justice and law and any details related to his previous service should also be considered. 1) for the purpose of Clause (b) and Sub-section (3) of the inspection report, performance report or other details related to evaluation and service may be obtained from the relevant court or office.