Thursday, 8 August 2019

Latest direction of Supreme Court about filling of vacancy in subordinate Judiciary

Re: State of Maharashtra/State of Goa (High Court of
Bombay)
Following officers are present on behalf of the
States of Maharashtra and Goa and the High Court of Bombay:-
(i) Mr. Surendra P. Tavade, Registrar General
Bombay High Court
(ii) Mr. S. Lada, Principal Secretary & Remembrancer of
Legal Affairs (RLA), Law and Judiciary,
State of Maharashtra
(iii) Mr. Rajendra Gajanan Bhagwat, Deputy Secretary,
Law And Judiciary, State of Maharashtra
(iv) Mr. Govind Jaiswal, Law Secretary, State of Goa
Re: State of Maharashtra
I. District Judge/Higher Judicial Service
Process of recruitment for 76 posts is presently
going on, which includes 43 existing vacancies and the
remaining anticipated vacancies up to 31.03.2020. Six posts
are available for being filled up by direct recruitment and
10 by Limited Competitive Examination from in-service
candidates. The preliminary examination is over and the main
written examination is to be held in the month of August,
2019. The Registrar General of the High Court, who is present
in the Court, submits that interviews will be held by the
first week of September, 2019 and, thereafter, appointments
will be made, which, according to the Principal Secretary,
Law and Judiciary, should not take more than 15 days after
receipt of the recommendations from the High Court.
So far as the remaining 60 posts are concerned, the
same are promotional posts. The Registrar General submits

that evaluation of judgments of eligible officers will be
completed by the end of July, 2019 and, thereafter,
interviews will be held and the entire process is likely to
be finalized by the first week of September, 2019,
whereafter, according to the Principal Secretary, Law and
Judiciary, appointments will be made by the Government within
a week from the date of receipt of the recommendations by the
High Court.
The process, as indicated above, shall continue and
the Court would expect the select list for 76 posts to be
published by the end of September, 2019 and appointments be
made therefrom against existing vacancies and anticipated
vacancies as and when the same occur.

 We, therefore, direct that
the selection process for filling up posts in the cadres of
District Judge and Civil Judge (Senior Division) may be
completed and select list be prepared. The High Court on the
administrative side will chalk out an action plan as to in
what manner the upward movement of officers commencing from
the lowest cadre should be undertaken to cause the minimum
disturbance in the Court functioning. Such action plan will
be laid before this Court by the High Court on or before
17.09.2019, whereafter further orders will be passed.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No.1867/2006

MALIK MAZHAR SULTAN Vs  U.P. PUBLIC SERVICE COMMISSION
Dated: 01-08-2019
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE ANIRUDDHA BOSE





UPON hearing the counsel the Court made the following
O R D E R
Re: State of U.P. (Allahabad High Court)
Following officers are present on behalf of the
State of U.P. and Allahabad High Court:-
(i) Mr. Mayank Kumar Jain, Registrar General
Allahabad High Court
(ii) Mr. Dinesh Kumar Singh, Principal Secretary,
Law Department, Govt. of U.P.
(iii) Mr. Randheer Singh, Special Secretary, Law
Department, Govt. of U.P.
Status reports filed have been duly considered.
I. District Judge/Higher Judicial Service
Insofar as the U.P. Higher Judicial Service is
concerned, the total number of posts in the cadre is 1437.
The working strength as on 30.06.2019 was 896. All the 364
vacant posts are almost filled up, namely, 125 by actual
appointments and the remaining 239, which the Principal
Secretary, Law Department assures the Court, will be filled
up within next thirty days. This will still leave vacancy of
177 posts in the Higher Judicial Service cadre of the State,
out of which 72 posts are stated to be temporary in nature
being valid up to March, 2020, against some Fast Track Courts
scheme.
While the aforesaid 72 posts which are filled up by
regular members of the judicial services shall remain in
their present status and will be governed by extensions of
the scheme beyond 2020, as and when the same is made. The

remaining posts i.e. 114 in number (inclusive of 9 vacancies
caused by retirement) need to be filled up at the earliest.
The Registrar General of the High Court assures the Court
that advertisement for filling up the said 114 posts will be
issued within next two weeks and every endeavour will be made
to complete the selection process against the said posts by
the end of December, 2019. We order accordingly.
II. Civil Judges (Senior Division)
Twenty-eight posts in the cadre are stated to be
vacant. The said posts are promotional posts. Promotions
are not possible according to the High Court as the
incumbents in the feeder cadre i.e. Civil Judge (Junior
Division) have not completed the requisite length of service.
We request the Full Court of the Allahabad High Court to
consider the matter and in the event Full Court feels that
all or any of the 28 posts in the vacant cadre Civil Judge
(Senior Division) are required to be filled up immediately,
the Full Court may consider relaxation of the period of
qualifying service and make promotions after complying with
the recruitment rules in force.
III. Civil Judge (Junior Division)
Ninety-five posts in the cadre are vacant, out of
which 90 are stated to be newly created posts. The Registrar
General of the Allahabad High Court submits that the matter
is pending before the Judges Committee dealing with the
appointments of cadre of Civil Judge (Junior Division). We
request the High Court to expedite the matter so that
necessary advertisement, etc. can be issued at the earliest
and the process be completed as expeditiously as possible.

Re: State of Maharashtra/State of Goa (High Court of
Bombay)
Following officers are present on behalf of the
States of Maharashtra and Goa and the High Court of Bombay:-
(i) Mr. Surendra P. Tavade, Registrar General
Bombay High Court
(ii) Mr. S. Lada, Principal Secretary & Remembrancer of
Legal Affairs (RLA), Law and Judiciary,
State of Maharashtra
(iii) Mr. Rajendra Gajanan Bhagwat, Deputy Secretary,
Law And Judiciary, State of Maharashtra
(iv) Mr. Govind Jaiswal, Law Secretary, State of Goa
Re: State of Maharashtra
I. District Judge/Higher Judicial Service
Process of recruitment for 76 posts is presently
going on, which includes 43 existing vacancies and the
remaining anticipated vacancies up to 31.03.2020. Six posts
are available for being filled up by direct recruitment and
10 by Limited Competitive Examination from in-service
candidates. The preliminary examination is over and the main
written examination is to be held in the month of August,
2019. The Registrar General of the High Court, who is present
in the Court, submits that interviews will be held by the
first week of September, 2019 and, thereafter, appointments
will be made, which, according to the Principal Secretary,
Law and Judiciary, should not take more than 15 days after
receipt of the recommendations from the High Court.
So far as the remaining 60 posts are concerned, the
same are promotional posts. The Registrar General submits

that evaluation of judgments of eligible officers will be
completed by the end of July, 2019 and, thereafter,
interviews will be held and the entire process is likely to
be finalized by the first week of September, 2019,
whereafter, according to the Principal Secretary, Law and
Judiciary, appointments will be made by the Government within
a week from the date of receipt of the recommendations by the
High Court.
The process, as indicated above, shall continue and
the Court would expect the select list for 76 posts to be
published by the end of September, 2019 and appointments be
made therefrom against existing vacancies and anticipated
vacancies as and when the same occur.
II. Civil Judge (Senior Division)
Presently, recruitment process for 108 posts which
includes 20 existing vacancies is going on. Appointments are
made from two sources i.e. from in-service officers, who
qualified in the Limited Competitive Examination and by
regular promotions. Both the processes are stated to be at
an advanced stage as indicated in the report of the Registrar
General.
Having regard to the stage at which the recruitment
process is poised, the Court sees no difficulty in the select
list being finalized by the end of October, 2019, and
appointments thereafter be made against existing vacancies
and other vacancies as they occur from time to time.
III. Civil Judge (Junior Division)
Recruitment to 190 posts in the cadre is presently
going on. The result of the preliminary examination has been

declared on 20.06.2019 and the main written examination is
scheduled for 18.08.2019. Though the examination is conducted
by the Public Service Commission, the Registrar General and
the Principal Secretary, Law and Judiciary have submitted
that in their estimation, the selection process including
appointments should be completed latest by the end of
December, 2019. The Court orders accordingly and would expect
that appointments against the existing vacancies and other
vacancies be made from the select list.
Re: State of Goa
I. District Judge/Higher Judicial Service
In the cadre of District Judges, only one post is
lying vacant. It is not proposed to fill up the post and no
vacancies are arising in the near future. Therefore, no
process for recruitment to be conducted this year.
II. Civil Judge (Senior Division)
There are no vacancies and hence no orders are
called for.
III. Civil Judge (Junior Division)
There are 5 vacancies and 1 anticipated vacancy in
the cadre and process for recruitment has been initiated. We
direct that the said process be completed within the time
frame laid down in Malik Mazhar Sultan and Another vs. Uttar
Pradesh Public Service Commission and Others (2008) 17 SCC
703.

Re: State of West Bengal/U.T. of Andaman and Nicobar
Islands (High Court of Calcutta)
Following officers are present on behalf of the High
Court of Calcutta, the State of West Bengal and the U.T. of
Andaman and Nicobar Islands:-
(i) Mr. Rabindra Nath Samanta, Registrar General
Calcutta High Court
(ii) Mr. Siddharth Roy Chowdhury, Judiciary Secretary,
Govt. of West Bengal
(iii) Mrs. Madhu K. Garg, Commissioner cum Secretary
(Law), Andaman and Nicobar Islands
Re: State of West Bengal
I. District Judge/Higher Judicial Service
Eighteen vacancies are required to be filled up, 6
from the direct recruit quota and 12 by promotion. Against
the direct recruit quota as only 2 persons have qualified,
remaining 4 vacancies as per the Judicial Service Rules are
required to be filled up by promotion. The number of posts
available for promotion has therefore been worked out as 16.
We are told that the selection process so far as the
direct recruit quota is concerned will be over by the end of
August, 2019 and, thereafter appointments will follow as per
the schedule laid down in Malik Mazhar Sultan (supra).
Insofar as the 16 promotional posts are concerned,
we are told that viva-voce/interviews of the candidates are
over and the process of promotion including appointments are
likely to be finalized latest by the end of October, 2019.
We request the High Court to act accordingly and, if
possible, to expedite the process so that the appointments
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against both categories can be made even before the date
indicated above.
II. Fast Track Courts (Additional District Judge)
The vacancies to be filled up by temporary promotion
from the cadre of Civil Judge (Senior Division). At present
there are 4 vacancies and total anticipated vacancies up to
31.12.2019 are stated to be 21. The Registrar General of the
High Court has submitted that presently interviews are going
on and the select list is likely to be published by
31.08.2019, whereafter, appointments will be made against the
existing vacancies of 4 and such other vacancies that may
arise from time to time. The High Court is requested to act
accordingly.
III. Civil Judge (Senior Division)
Against 9 existing vacancies, 32 vacancies in all
(including anticipated vacancies) have been notified. List
of eligible officers (96) have been drawn up. Appointments
are to be made by promotion from the cadre of Civil Judge
(Junior Division) on the basis of exercise of judgment
evaluation and ACR recordings. The Registrar General of the
High Court submits that select list against 32 notified
vacancies will be made final by the end of October, 2019.
The process of appointments to be completed against the
existing vacancies and vacancies occurring from time to time
by end of October, 2019, preferably before the Pooja
vacations.
IV. Civil Judge (Junior Division)
In this cadre, there are 4 existing vacancies and
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the anticipated vacancies up to December, 2019 are
35. The main written examination is over and the results are
expected by the end of August, 2019. Thereafter, interviews
will be held. We expect the selection process including
appointments to be completed by the end of November, 2019.
Re: Andaman & Nicobar Administration
There are no vacant posts in the cadre of either the
higher judicial service or the subordinate judicial service.
No orders are, therefore, called for.
Re: State of Chhattisgarh (High Court Chhattisgarh)
Following officers are present on behalf of the High
Court of Chhattisgarh and State of Chhattisgarh:-
(i) Mr. Neelam Chand Sankhla, Registrar General
High Court of Chhattisgarh
(ii) Mr. Ravi Shankar Sharma, Principal Secretary,
Law and Legislative Affairs, State of Chhattisgarh
I. District Judge/Additional District Judge
Sixty-two out of 75 vacant posts have been subjected
to a recruitment process. The 13 remaining posts have not
been notified by the Government for being filled up for want
of basic infrastructure. Forty out of 62 posts are earmarked
for being filled up by direct recruitment. 39 appointments
have been made on 2.7.2019 and 1 post has been kept vacant as
per order of the High Court on administrative side.
Of the remaining 22 vacancies available for being
filled up by direct recruitment, no candidate has qualified.
CA 1867/2006
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16 in-service judicial officers were allowed to take part in
the examination and the results were kept in sealed cover.
We are told by the Principal Secretary, Law and Legislative
Affairs that none of them has qualified. The said 22
vacancies will now have to be governed by such orders that
may be passed on the judicial side by the forum/fora where
the cases are pending. The Principal Secretary, Law and
Legislative Affairs and the Registrar General of the High
Court are directed to inform the concerned Court of the
aforesaid developments to enable a fresh appropriate action
to be taken to fill up remaining 22 vacancies.
II. Civil Judge (Senior Division)
Sixty-nine posts are in the process of being filled
up, which include both existing and anticipated vacancies.
We are told that on 2.7.2019, 27 candidates have been
appointed. The remaining 42 vacancies have not been filled
up for want of eligibility in respect of qualifying service
of 5 years. We request the High Court to consider, if any of
the aforesaid 42 vacancies are required to be filled up
immediately, relaxation of the period of qualifying service
and thereafter to take steps to fill up the said posts or any
of them, as may be required.
III. Civil Judge Class-II
So far as the post of Civil Judge Class-II is
concerned, there is no existing vacancy though a process for
recruitment against 39 anticipated vacancies has been
initiated and the validity of the same is pending before the
High Court on the judicial side. We request the High Court
to hear and decide the matter as expeditiously as possible,
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so that the process of filling up the 39 anticipated
vacancies can recommence and be concluded at an early date.
Re: State of NCT of Delhi (High Court of Delhi)
Following officers are present on behalf of the High
Court of Delhi and NCT of Delhi:-
(i) Mr. D.K. Sharma, Registrar General,
High Court of Delhi
(ii) Mr. Reetesh Kr. Singh (ADJ), Officer on Special
Duty, Exams, High Court of Delhi
(iii) Mr. Sanjay Aggarwal, Principal Secretary, Law,
NCTD
(iv) Mr. Lovleen, Addl. Secretary, Law
I. Delhi Higher Judicial Service
Twenty-one posts are lying vacant out of which 11
have been subjected to recruitment process, the validity of
which is an issue in Special Leave Petition (Civil)
No.14156/2015 before this Court. In terms of the orders
passed by the Court, the process is to be finalised subject
to the further orders as the Court may pass. The Registrar
General of the High Court is requested to move this Court on
the judicial side for final determination of the aforesaid
case and thereafter, to take steps for declaration of the
result and further steps in the appointment process in tune
with such order(s) as may be passed by this Court on the
judicial side. Insofar as the remaining 10 vacancies are
concerned, it is stated that 3 of the said vacancies are to
be filled up against the direct recruitment quota and the
remaining 7 by promotions. At this stage, we direct that the
7 vacancies in the Delhi Higher Judicial Service available
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for being filled up by the promotional quota be filled up at
the earliest, which the Registrar General of the High Court
anticipate, should take about three months from today i.e. by
the end of October, 2019.
II. Delhi Judicial Service
The total cadre strength is 482 i.e.96 insofar as
Civil Judge (Senior Division) is concerned and 386 in respect
of Civil Judge (Junior Division). All the 96 posts of Civil
Judge (Senior Division) are filled up as on date. Out of the
386 posts of Civil Judge (Junior Division), 205 posts have
been filled up. 137 posts have been subjected to a
recruitment process, which has been finalised and
appointments are going on.
If all the 137 posts for which a select list has
been prepared are filled up, there will be 44 vacancies.
Leaving aside the sole reserved post which has been kept
reserved under the orders of the Delhi High Court, we are
told by the Registrar General of the High Court that an
advertisement for the remaining 43 posts will be issued
tomorrow and the appointment process will be completed in
accordance with the time schedule indicated in Malik Mazhar
Sultan (supra) i.e. six and half months. We request the
Delhi High Court to initiate the process and complete the
same as expeditiously as possible.
Re: State of Assam (High Court of Gauhati)
Following officers are present on behalf of the High
Court of Gauhati and State of Assam:-
(i) Mr. Robin Phukan, Registrar General
Gauhati High Court
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(ii) Mr. Sanjeev Sharma, Legal Remembrancer cum
Commissioner & Secretary, Judicial Department
I. Assam Judicial Service (Grade I)
Ten posts in the District Judge cadre against the
direct recruit quota are available and the selection process
is presently going on. The result of the main examination as
per the road map prepared has to be declared on 3.9.2019.
Insofar as the quota against in-service candidates
to be filled up by limited departmental competitive
examination is concerned, though the number of posts actually
availbale is 1, 9 anticipated vacancies are also in fray. A
selection process for the said vacancies is also currently on
and the results are expected to be declared by 31.8.2019.
The said selection be completed at the earliest and such
candidates who may be found to be eligible for appointment on
the basis of the examinations held be appointed latest by
30.11.2019.
II. Assam Judicial Service (Grade II)
Six posts in Grade II of the Assam Judicial Service
are lying vacant. More vacancies may arise in the event the
10 posts vacant in the cadre of District Judge/Grade-I
available against the quota to be filled up by limited
departmental competitive examination are successfully filled
up. We request the High Court to keep the above in mind.
As we are told that some officers in Grade III are likely to
complete the qualifying service by the end of August, 2019,
the High Court may initiate the recruitment process in
anticipation, so that the same may be completed as early as
possible, preferably by the end of 2019.
CA 1867/2006
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III. Assam Judicial Service (Grade III)
Forty-five officers have been appointed in Grade III
of the Assam Judicial Service on 2.7.2019. Recruitment for
25 existing and 13 anticipated vacancies is presently going
on. The result of the main written examination is scheduled
to be declared on 10.9.2019 and the select list is
anticipated to be published prior to the last date as per the
schedule indicated in Malik Mazhar Sultan (supra) i.e.
1.11.2019. We request the High Court to act accordingly.
Re: State of Nagaland (High Court of Gauhati)
Following officers are present on behalf of
the High Court of Gauhati and the State of Nagaland:-
(i) Mr. Robin Phukan, Registrar General
Gauhati High Court
(ii) Mrs. Khanrinla T. Koza, Secretary & Legal
Remembrancer (Law)
I. Nagaland Judicial Service (Grade I)
The 2 available vacancies in Grade I (District Judge
cadre) are against the promotional quota, as no candidate in
the feeder cadre of Grade II has completed the qualifying
service of three years. Keeping in view the nature of the
posts in question, we do not deem it appropriate that any
relaxation of the qualifying service should be granted.
II. Nagaland Judicial Service (Grade II)
There are no vacant posts lying, so no orders would
be called for.
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III. Nagaland Judicial Service (Grade III)
Insofar as the vacant posts in Grade III are
concerned, we are told by the Registrar General of the
Gauhati High Court that the same is subject to a litigation
before the High Court, which is pending. We request the High
Court to finalize the case as expeditiously as possible, so
that the process of appointments against the existing posts
in Grade III of the Nagaland Judicial Service can be
completed at the earliest.
Re: State of Mizoram (High Court of Gauhati)
Following officers are present on behalf of
the High Court of Gauhati and the State of Mizoram:-
(i) Mr. Robin Phukan, Registrar General
Gauhati High Court
(ii) Mr. Pi Marli Vankung, Secretary to the
Government of Mizoram, in-charge of Law &
Judicial Parliamentary Affairs Department
I. Mizoram Judicial Service (Grade I)
In view of the fact that there are no vacant posts
lying, no orders would be called for.
II. Mizoram Judicial Service (Grade II)
In view of the fact that there are no vacant posts
lying, no orders would be called for.
III. Mizoram Judicial Service (Grade III)
Out of 18 vacant posts in Grade III of the Mizoram
Judicial Service, 17 have been identified by the High Court
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to be not required for being immediately filled up. In view
of the above, no orders will be called for.
Re: State of Arunachal Pradesh (High Court of Gauhati)
Following officers are present on behalf of the
High Court of Gauhati and the State of Arunachal
Pradesh:-
(i) Mr. Robin Phukan, Registrar General
Gauhati High Court
(ii) Mr. Ghan Shyam Meena, Law Commissioner
There is no vacancy in the cadre of Grade I or Grade
II of the Arunachal Pradesh judicial service. 5 vacant posts
are available in Grade III for being filled up by direct
recruitment. The process is currently on. The same be
expedited and completed as expeditiously as possible.
Re: State of Manipur (High Court of Manipur)
Following officers are present on behalf of the
High Court of Manipur and the State of Manipur:-
(i) Mr. A. Guneshwar Sharma, Registrar General, High
Court of Manipur
(ii) Miss A. Nungshitombi, Secretary, Law
I. Manipur Judicial Service (Grade I)
Seven vacancies are available, out of which 4 are
regular and 3 for Family Courts, which have been created
under the allocation made by the 14th Finance Commission,
valid upto 31.3.2020. Five out of the 7 vacancies are to be
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filled up by direct recruitment and remaining 2 by promotion.
For direct recruitment, written examination has been held on
27.7.2019 and 28.7.2019. The results are expected to be
declared in the middle of September, 2019 and interviews are
contemplated in the first week of October, 2019 leading to
the finalization of the select list by the end of October,
2019. Appointments are to be made thereafter.
We request the High Court to adhere to the time
schedule and direct for completion of the appointment process
against the 5 posts in Grade I by the end of November, 2019.
Insofar as the 2 promotional posts are concerned, we
are told that there is no candidate who has the prescribed
qualifying service. No orders in this regard, therefore, are
considered necessary.
II. Civil Judge (Senior Division)/Manipur Judicial
Service (Grade II)
Though there are 4 vacancies, there is no candidate
who qualifies for the same as the period of service rendered
is less than the period of service prescribed for qualifying.
We do not pass any orders for relaxation etc.
III. Civil Judge (Junior Division)/Manipur Judicial
Service (Grade III)
In addition to the 4 existing vacancies, 4 more
vacancies are anticipated. Advertisement for the 8 vacancies
has been published on 25.5.2019. Preliminary examination is
fixed for 1.9.2019. We request the High Court to expedite
the selection process and complete the same as expeditiously
as possible.
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Re: State of Meghalaya (High Court of Meghalaya)
Following officers are present on behalf of the
High Court of Meghalaya and the State of Meghalaya:-
(i) Ms. Belma Mawrie, Registrar General, Meghalaya High
Court
(ii) Mr. Silevester Khorlyngdoh, Law Secretary
I. Meghalaya Judicial Service (Grade I)
Though 31 vacancies in Grade I of the service are
available against the sanctioned strength of 46, the
Registrar General of the Meghalaya High Court, who is present
in Court submits that the existing/working strength of 15 and
the proposed recruitment of 3 more for which advertisement
was issued on 12.4.2019 should adequately take care of the
need of the Meghalaya judicial service, insofar as Grade I of
the service is concerned.
On the basis of the statement of the Registrar
General, we direct that the 3 posts advertised on 12.4.2019
be filled up at the earliest.
II. Meghalaya Judicial Service (Grade II)
So far as Grade II of the service is concerned, the
Registrar General of the High Court has submitted that 14
officers holding office as on date are adequate and as no
officer in the feeder category i.e. Grade III is eligible,
the High Court of Meghalaya does not consider it necessary to
fill up any Grade II post on ad-hoc basis from the incumbents
in Grade III who have not completed the period of qualifying
service. Therefore, no orders are required.
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26
III. Meghalaya Judicial Service (Grade III)
Insofar as Grade III is concerned, 6 vacancies
available as on date have been advertised on 12.7.2019 read
with the Addendum dated 22.7.2019. The said process be
completed at the earliest.
Re: State of Tamil Nadu/Union Territory of Puducherry
(High Court of Madras)
Following officers are present on behalf of the High
Court of Madras and State of Tamil Nadu:-
(i) Mr. C. Kumarappan, Registrar General
High Court of Madras
(ii) Mr. Gopi Ravikumar, Law Secretary, State of
Tamil Nadu, Chennai
(iii) Mrs. T. Vaidegi, Deputy Secretary, Home (Courts)
Department, State of Tamil Nadu, Chennai
(iv) Mrs. Juliet Pushpa, Law Secretary, Union Territory
of Puducherry, Puducherry
Re: State of Tamil Nadu
I. District Judge/Higher Judicial Service
As against 288 posts in the cadre of District Judge,
250 judges are working, leaving 38 vacancies. Out of 38
vacancies, while 4 and 3 vacancies are to be filled up from
the promotional and limited competitive examination quota, 31
vacancies are earmarked against the Direct Recruitment from
Bar quota. In the result of the competitive examination held
pursuant to the advertisement dated 13.1.2019, result whereof
was published on 28.4.2019, no candidate has qualified. The
Registrar General of the High Court, who is present in the
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Court, has stated that the High Court would like to wait for
some time to enable the members of the Bar to qualify and
then resort to a second round of selection, as the first
round of selection, in which no candidate was qualified, was
initiated in the month of January, 2019. We Direct the
Registry of the Madras High Court to invite fresh
applications in the month of October, 2019 and complete the
process of selection as expeditiously as possible.
The High Court, while filling up the vacancies and
complying with this order, will keep in mind that the timeschedule
laid down by this Court in Malik Mazhar Sultan
(supra), indicates the outer limit that can be taken at each
stage of the selection and there is no bar for completion of
the same earlier to the said time schedule spelt out in Malik
Mazhar Sultan (supra).
II. Civil Judge (Senior Division)
Twenty-seven vacancies in the cadre exist as on
30.7.2019. The report prepared by the learned Amicus Curiae
Shri Vijay Hansaria, learned Senior Counsel, indicates that
12 officers, whose cases were deferred, are now before the
High Court Committee for consideration and 14 vacancies
including 4 anticipated vacancies are required to be filled
up. The Registrar General of the High Court, who is present
in the Court, states that ongoing/existing panel is available
and it is for the Committee of Judges of the High Court to
decide as to whether the available panel should be acted upon
or fresh panel should be prepared.
We leave it to the High Court to decide the cases of
the 12 officers, which have been deferred on account of
vigilance reports and are now awaiting consideration. We
also leave it to the High Court to decide as to whether the
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14 vacancies including 4 anticipated vacancies are to be
filled up from the available panel or by preparing fresh
panel. In any event, we request the High Court to expedite
the matter and complete the process of filling up the
vacancies in question on or before the end of September,
2019.
III. Civil Judge (Junior Division)
The note prepared by the learned Amicus Curiae goes
to show that the appointment of 213 judicial officers have
been made on 17.6.2019. As on date, 17 vacancies exist.
However, the High Court has sent the proposal to the Tamil
Nadu Public Service Commission (TNPSC) on 5.7.2019 for
filling up of 176 posts. The Registrar General has explained
the said fact by stating that additional posts have been
created in different cadres of the Tamil Nadu Judicial
Service and the figure of 176, for which requisition has been
sent, has been worked out on that basis. We direct the TNPSC
to issue advertisement for the aforesaid 176 posts within two
weeks from today and thereafter we direct the completion of
the process of selection and appointment in accordance with
the schedule within the outer limits of the schedule framed
by this Court in Malik Mazhar Sultan (supra), making it clear
that the TNPSC and the High Court will make every endeavour
to complete the process of selection and appointment as
expeditiously as possible.
Re: U.T. of Puducherry
I. District Judge/Higher Judicial Service
Two posts in the cadre of District Judge, 1 against
the quota earmarked for being filled up by limited
competitive examination and the other by direct recruit
CA 1867/2006
29
remain vacant as none has qualified in the competitive
examination.
II. Civil Judge (Senior Division)
Insofar as Civil Judge Senior Division is concerned,
against 8 posts 4 officers from Tamil Nadu Judicial Service
are working on deputation. There is no officer from the
feeder cadre in Puducherry who has the qualifying service.
In these circumstances, we leave it to the High Court to
decide as to whether the remaining 4 posts, which are lying
unmanned are to be filled by relaxing the eligibility
criteria of qualifying service or more officers from Tamil
Nadu should be brought to Puducherry on deputation.
III. Civil Judge (Junior Division)
Insofar as the cadre of Civil Judge Junior Division
is concerned, as against 10 posts, 6 officers are working,
five of whom are from Puducherry and one from Tamil Nadu on
deputation. Five posts therefore are technically available,
including 9 proposals for creation of additional Courts of
Civil Judge Senior Division, which has yet to see the light
of the day.
It is stated by the Registrar General of the Madras
High Court that the 5 available vacancies along with the
posts creation of which has been sought (9), will be filled
up once the necessary approval for creation of the 9
additional posts comes to them.
In response to the Court's query, the Law Secretary
of the State submitted that the State Government has yet to
refer the matter to the Union of India, whose approval is
sought for creation of additional posts.
CA 1867/2006
30
In view of inaction on the part of the State
Government and the immediate necessity for creation of these
posts, as expressed by the learned Registrar General, we
direct the State of Tamil Nadu and Union Territory of
Puducherry to act jointly and sanction 9 additional posts for
which sanction has been sought. This be done within 30 days
from today. Thereafter, the recruitment process for the 5
vacancies available and the 9 additional vacancies to be
created, pursuant to the order will be initiated forthwith
and completed as expeditiously as possible.
Re: State of Punjab/State of Haryana/U.T. of Chandigarh
(High Court of Punjab & Haryana)
Following officers are present on behalf of the High
Court of Punjab & Haryana, the States of Punjab and Haryana
and the U.T. of Chandigarh:-
(i) Mr. Harman Singh Thakur, Registrar General
Punjab & Haryana High Court
(ii) Mr. S.K. Aggarwal, Law Secretary and Legal
Remembrance, State of Punjab
(iii) Mr. Sunil Singh, Assistant Liasion Officer,
Union Territory of Chandigargh
Re: State of Punjab
I. District Judge/Higher Judicial Service
We are told that two posts against the direct
recruit quota have been filled up on 06.04.2019.
As against 8 vacancies (3 existing and 5
anticipated) to be filled up by promotion, suitability test

has been conducted on 20.07.2019. The learned Registrar
General of the High Court has stated that the selection
process will be completed by 30.09.2019. Thereafter, we are
told by Shri S.K. Agarwal, Law Secretary & Legal
Remembrancer, that immediately appointments by promotions
will be made.
On the aforesaid basis, we direct that appointments
by promotion to the available posts of District Judge be made
on or before 15.10.2019.
So far as direct recruitment quota is concerned,
advertisement has been issued on 30.05.2019 and the last date
for application has been fixed on 31.08.2019. One available
vacancy against the quota to be filled up by Limited
Competitive Examination is also proposed to be taken up along
with the process of direct recruitment. The posts available
from the aforesaid two sources be filled up after holding the
necessary selection test as expeditiously as possible and, in
any case, on or before 31.12.2019.
II. Senior Civil Judge
We are informed that fifty-nine appointments from
the selection process initiated in November, 2016 have been
made in February, 2019 and further that on 08.04.2019, an
advertisement has been issued for filling up of 75 more posts
of Senior Civil Judge. The preliminary examination is
scheduled to be held on 25.08.2019. Let the preliminary
examination be held on the scheduled date and the process be
completed within six months from the date of the
advertisement.
Re: State of Haryana
CA 1867/2006
32
I. District Judge/Higher Judicial Service
As against thirteen vacancies (eight existing and
five anticipated) to be filled up by promotion, suitability
test has been conducted on 20.07.2019. The learned Registrar
General of the High Court has stated that the selection
process will be completed by 30.09.2019. Thereafter, we are
told by Shri S.K. Agarwal, Law Secretary & Legal Remembrancer
that immediately appointments by promotions will be made.
The Registrar General of the High Court has informed
the Court that eleven vacant posts in the cadre of District
Judge to be filled up by direct recruitment and two vacancies
in the same cadre to be filled up on the basis of Limited
Competitive Examination will be advertised shortly. We direct
that such advertisement be issued within two weeks from today
and the process of selection and appointment of the thirteen
posts be completed on or before 31.12.2019.
II. Senior Civil Judge
No orders are required to be passed as the holding
of examination and the results have been challenged before
this Court in Writ Petition (Civil) No.565 of 2019.
Re: Union Territory of Chandigarh
No orders are called for.
Re: State of Odisha (High Court of Odisha)
Following officers are present on behalf of the High
CA 1867/2006
33
Court of Orissa and State of Orissa:-
(i) Mr. R.K. Patnaik, Registrar General
Orissa High Court
(ii) Mr. Sashikant Mishra, Principal Secretary (Law)
State of Orissa
I. District Judge/Higher Judicial Service
Pursuant to the order dated 17.01.2019 of this
Court, Limited Competitive Examination was held of in-service
candidates for filling up twelve available vacancies. None
qualified and hence these posts were filled up by regular
promotion. Simultaneously, examination was held for filling
up of these vacancies against direct recruitment quota. None
had qualified. These vacancies have been carried forward. As
on today, five (two actual and three anticipated) vacancies
are available for being filled up by promotion. Interviews
of the eligible officers have been fixed for 17.08.2019. We
direct the said process to be completed on or before
30.09.2019.
So far as eight vacancies against the direct
recruitment quota and fourteen vacancies against the Limited
Competitive Examination quota are concerned, written
examination has been held. The rest of the selection process
be completed by actual appointments of eligible and suitable
candidates on or before 31.12.2019.
II. Civil Judge (Senior Division)
No orders are called for.
III. Civil Judge (Junior Division)
As against fifty-five vacancies in the cadre shown
CA 1867/2006
34
in the note prepared by the learned Amicus Curiae, we have
been told that the Public Service Commission has recommended
41 candidates for appointment. According to the Principal
Secretary (Law), who is personally present, the said
recommendations have been made today. The Principal
Secretary (Law) has submitted that in about four weeks’ time,
the State will finalize the matter. The State is directed to
do so after completion of all formalities on or before
31.08.2019.
Re: State of Madhya Pradesh (High Court of Madhya
Pradesh)
Following officers are present on behalf of the High
Court of Madhya Pradesh and State of Madhya Pradesh:-
(i) Mr. R.K. Vani, Registrar General
High Court of Madhya Pradesh
(ii) Mr. Satinder Kumar Singh, Principal Secretary,
Department of Law & Legislative Affairs,
Govt. of M.P.
I. District Judge/Higher Judicial Service
Sixty-six officers who had qualified in the
suitability test held in the year 2018, are now awaiting
consideration for their appointment against the vacancies of
the year 2019. The High Court is requested to expedite the
matter; make its recommendation, whereafter such of the
candidates who are eligible and suitable will be offered
appointment by the Government within the earliest possible
time frame. The remaining 31 posts have been notified on
18.07.2019 and the last date of receipt for application is
fixed 21.08.2019. The written examination is to be held on
21.09.2019. The Registrar General of the High Court and the
CA 1867/2006
35
Principal Secretary, Department of Law & Legislative Affairs,
who are present, have stated that the process of
consideration of promotion and actual appointment is expected
to be completed by the end of October, 2019. The High Court
and the State Government are directed to act accordingly.
As against 13 available posts against the quota to
be filled up by Limited Competitive Examination, while 2
candidates have qualified and have been appointed, the
remaining 11 unfilled posts are included in the regular
promotion cadre for which orders have already been passed.
Insofar as direct recruitment is concerned, 3 out of
6 selected candidates have been appointed and the candidature
of the 3 other candidates has been withheld in view of the
judicial order passed by this Court. For the existing 55
vacancies, the selection process is on. The main written
examination is scheduled to be held on 07.08.2019 and
08.08.2019. The officers present in the Court have stated
that they are optimistic that the process including the
appointment of eligible and suitable candidates will be
completed on or before the end of November, 2019. The State
Government and the High Court shall act accordingly.
II. Civil Judge (Senior Division)
Though there are 46 clear vacancies in the cadre,
only 17 Civil Judges (Junior Division) have completed the
qualifying service. The said appointments against such of the
candidates who are eligible for promotion to the post of
Civil Judge (Senior Division) to be made forthwith by
following the procedure prescribed in the rules.
Insofar as the Civil Judge (Junior Division) cadre
CA 1867/2006
36
is concerned, there are 410 vacancies as on date. As against
410 vacancies, 112 appointments have been made between March
and July, 2019. Selection process in respect of 217 posts
is presently on and oral interview is scheduled between
1st and 14th August, 2019. The selection process is expected
to be over by the end of September, 2019.
Having considered the matter, we direct that the
said selection process including appointments of eligible and
suitable candidates be completed on or before 30.09.2019 and
appointments be made suitably by the end of October, 2019.
III. Civil Judge (Junior Division)/Class-II
The question of filling up of 193 posts of Civil
Judge (Junior Division)/Class-II is presently pending before
the High Court on the administrative side, whereafter the
State Government will be required to take a decision. The
issue pending is with regard to the roster point. The High
Court is scheduled to decide the matter on 2.8.2019. We
request the High Court to do so and thereafter direct the
State Government to finalize the issue within a period of two
weeks on receipt of the High Court’s decision in the matter.
The initiation of the process of recruitment of the aforesaid
193 posts will commence immediately thereafter.
Re: State of Rajasthan (High Court of Rajasthan)
Following officers are present on behalf of the High
Court of Rajasthan and State of Rajasthan:-
(i) Mr. Satish Kumar Sharma, Registrar General
High Court of Rajasthan
(ii) Mr. Mahavir Prasad Sharma, Principal Law Secretary
Govt. of Rajasthan
CA 1867/2006
37
I. Higher Judicial Service (District Judge/
Additional District Judge)
No vacancy is available against the promotion quota.
Against the direct recruit quota, 50 vacancies are
available and against the quota earmarked for the limited
departmental competitive examination, 22 vacancies exist. 48
vacancies against the direct recruit quota and 21 vacancies
against the limited departmental competitive examination
quota have been subjected to common selection process and the
result of the main written examination has been kept in a
sealed cover in view of certain interim orders of this Court.
The said interim orders of this Court are in respect of the
candidature of the judicial officers in the Bar quota.
Though an application for clarification of the interim order
is stated to have been filed, the matter has not been
addressed by the appropriate Bench as yet.
Taking into account the urgency of the matter and
the facts of the case, we direct that the result of the
examination, insofar as the Bar quota is concerned, may be
declared and judicial officers, if any who may have qualified
either against the Bar quota or the limited departmental
competitive examination quota, may be allowed to take part in
the viva-voce pending further orders to be passed by the
appropriate Bench hearing the writ petition in question i.e.
W.P.(C) No.1302/2018.
II. Senior Civil Judge/Civil Judge (Senior Division)
Insofar as the cadre of Civil Judge (Senior
Division) is concerned, 110 officers have been recommended
CA 1867/2006
38
for regular promotion on 14.7.2019. Dr. Manish Singhvi,
learned Additional Advocate General for the State of
Rajasthan, who is present in the Court along with the
Principal Law Secretary states that the necessary
notification will be issued after a week. There are 58
further vacancies, which cannot be filled up presently, as
there are no eligible officers available and filling up the
said vacancies by granting relaxation of the eligibility
criteria may affect the feeder category i.e. Civil Judge
(Junior Division), where there are already a large number of
vacancies. The appointment by promotion against the 58
vacancies may, therefore, be deferred for some time.
III. Junior Civil Judge/Civil Judge (Junior Division)
Insofar as the cadre of Civil Judge (Junior
Division) is concerned, 197 vacancies were subjected to
selection process. The results of preliminary examination
were declared on 30.5.2019. On account of certain judicial
orders passed by the High Court ordering for deletion of one
question, the selection process has come to a standstill.
The aforesaid matter has been dealt with by us today
in S.L.P.(C) Nos.18247-79/2019, wherein orders have been
passed. The High Court of Rajasthan shall now proceed in the
matter in the light of the order passed in the aforesaid
special leave petitions and declare the additional list of
selected candidates eligible to sit in the main examination
within 7 days from today.
Re: State of Sikkim (High Court of Sikkim)
Following officers are present on behalf of the High
Court of Sikkim and State of Sikkim:-
CA 1867/2006
39
(i) Mr. N.G. Sherpa, Registrar General
High Court of Sikkim
(ii) Mr. Jagat Bdr. Rai, Secretary (Law)
Government of Sikkim
I. Higher Judicial Service (District Judge/
Additional District Judge)
The 3 vacancies of District Judge/Additional
District Judge cadre, which are available are deputation
posts. We have interacted with the Registrar General of the
High Court, who has updated us on the total pendency of cases
in the State and the volume of work pending before a District
Judge/Additional District Judge. No Court manned by an
officer of the said cadre i.e. District Judge/Additional
District Judge is vacant. The 3 vacancies (to be filled up
on deputation) cannot be filled up at the moment on account
of lack of suitable officers having the qualifying service.
Taking into account what has been stated above, we are of the
view that the appointment against the said 3 vacancies can
wait for the present.
II. Chief Judicial Magistrate
So far as the cadre of Chief Judicial Magistrate is
concerned, there is one vacancy. One officer will become
eligible for consideration in September, 2019. We request
the High Court to take up the said vacancy and make its
recommendations, if required, by suitable relaxation of the
condition(s) of eligibility, namely, the qualifying service.
Appointment against the vacant post of Chief Judicial
Magistrate be made as expeditiously as possible.
III. Civil Judge
CA 1867/2006
40
Insofar as the cadre of Civil Judge is concerned,
the 2 available vacancies have been subjected to a selection
process and recommendation has been sent to the Government on
22.7.2019. We direct the State Government to complete all
the formalities and issue appointment orders within a month
from today.
Re: State of Andhra Pradesh (High Court of Andhra
Pradesh)
Following officers are present on behalf of the High
Court of Andhra Pradesh and State of Andhra Pradesh:-
(i) Mr. B. Rajasekhar, Registrar General
High Court of Andhra Pradesh
(ii) Mr. S. Venkateswara Rao, Secretary (Law),
Govt. of Andhra Pradesh
I. Higher Judicial Service (District Judge/
Additional District Judge)
The Registrar General and the Secretary (Law)
Government of Andhra Pradesh, who are personally present,
have submitted that process for filling up 21 vacancies
(including 3 anticipated vacancies) in the cadre of District
Judge/Additional District Judge is presently going on and the
process is likely to be completed (including appointments) by
the second week of September, 2019. We order accordingly and
request the High Court and direct the State Government to
take all necessary steps in this regard to ensure that the
order of this Court with regard to the completion of the
process of appointment against the 21 vacancies is completed
on or before 15.9.2019.
Six vacancies are available to be filled up against
CA 1867/2006
41
direct recruit quota. The Registrar General of the High Court
has stated that the notification inviting applications from
eligible candidates will be issued within a period of 10 days
from today. We request the High Court to expedite the
process of direct recruitment and complete the same within
the shortest possible time. We have considered it
inappropriate to fix any time schedule for this exercise in
view of the shortage of Judges in the High Court of Andhra
Pradesh. The process for filling up of the 1 vacancy
available against the limited departmental competitive
examination quota and furthermore 1 anticipated vacancy
against the said category be initiated along with the process
of direct recruitment.
II. Senior Civil Judge/Civil Judge (Senior Division)
Insofar as the cadre of Civil Judge (Senior
Division) is concerned out of the 10 vacancies existing as on
30.6.2019, 8 promotions have been made to the cadre of Senior
Civil Judge and posting orders have also been issued on
23.7.2019. We are told by the Registrar General of the High
Court that a notification has been issued for filling up of
17 more vacancies in the said cadre, which includes
anticipated vacancies. The said notification has been issued
on 16.7.2019. We request the High Court to complete the said
process of filling up the 17 vacancies including the
anticipated vacancies within two months from today i.e. by
the end of September, 2019.
III. Civil Judge/Civil Judge (Junior Division)
Insofar as the cadre of Civil Judge (Junior
Division) is concerned, 38 vacancies (25 actual and 13
anticipated) have been notified and the preliminary
examination has been scheduled for 4.8.2019. The High Court
CA 1867/2006
42
is confident that all stages in that selection process will
be completed by 31.12.2019. We order accordingly and direct
that appointments be made by the State Government after
completion of all formalities forthwith once the
recommendations are are received from the High Court in this
regard.
Re: State of Telangana/High Court of Telangana
Following officers are present on behalf of the High
Court of Telangana and State of Telangana:-
(i) Mr. A. Venkateswara Reddy, Registrar General
Telangana High Court
(ii) Mr. V. Niranjan Rao, Secretary (Law), Telangana
I. Higher Judicial Service (District Judge/
Additional District Judge)
Six vacancies in all in the cadre of District
Judge/Additional District Judge existed as on 30.6.2019.
Four are required to be filled up from the quota earmarked
for limited departmental competitive examination, whereas the
remaining 2 posts are required to be filled up by promotion.
Written examination for filling up the 4 vacancies against
the limited departmental competitive examination quota is
scheduled for 17.8.2019 and 18.8.2019. The Registrar General
of the High Court, who is present in the Court, has assured
the Court that the process will be completed by 30.9.2019.
The Secretary (Law), who is present, is directed to ensure
that appointments on the basis of recommendations to be made
by the High Court, if eligible candidates are to be included
in the empanelled list, be made within two weeks of receipt
of the recommendation from the High Court.
CA 1867/2006
43
Insofar as the 2 vacancies in the promotion quota
are concerned, we are told that judgments and ACRs are being
evaluated and once the same is complete, interviews will be
held. The Registrar General has assured that the selection
process will be completed by 30.9.2019. The appointments be
made within two weeks of receipt of the recommendations from
the High Court.
II. Senior Civil Judge/Civil Judge (Senior Division)
Though there are no vacancies at the moment,
vacancies are likely to arise in the event appointment in
higher cadre (District Judge/Additional District Judge) is
made against the quota of promotion and limited departmental
competitive examination. After interacting with the Registrar
General of the High Court, we request the High Court to
initiate a process for promotion to at least 6 posts in the
cadre of Senior Civil Judge on an anticipation that 6
officers in such cadre will be promoted/appointed to the
higher cadre requiring 6 incumbents in the feeder cadre of
Senior Civil Judge.
III. Civil Judge (Junior Division)
Sixty-seven vacant posts in the cadre of Civil Judge
(Junior Division) are presently subjected to a selection
process. The result of the preliminary examination has been
declared and the main examination is scheduled to be held on
17.8.2019 and 18.8.2019. The Registrar General of the High
Court submits that the process is likely to be completed by
the end of September, 2019. We order accordingly and direct
the State Government to issue the appointment orders after
completion of all formalities on the basis of the
recommendations of the High Court within one month from the
CA 1867/2006
44
date of receipt of such recommendations.
Re: State of Tripura (High Court of Tripura)
Following officers are present on behalf of the High
Court of Tripura and State of Tripura:-
(i) Mr. S.G. Chattopadhyay, Registrar General
High Court of Tripura
(ii) Mr. D.M. Jamatia, Principal Secretary
Govt. of Tripura
I. Higher Judicial Service
Ten vacancies existed as on 30.6.2019 – 3 against
the direct recruit quota, 3 against the quota of limited
departmental competitive examination and 4 against the quota
of promotion. One vacancy against the direct recruit quota,
which was advertised in November, 2018, has been filled up on
15.7.2019. No other candidate was found to be suitable. Two
available vacancies have been re-advertised on 8.7.2019. The
last date for submitting applications is over. 55 candidates
have applied, out of which 54 have been found eligible.
Written examination is scheduled for 17.8.2019 and 18.8.2019.
The said selection process including interviews be completed
by the end of October, 2019. The State Government to make
consequent appointments without any unnecessary and undue
delay after completing all formalities.
Though as on date there is no eligible officer in
the feeder cadre of Senior Civil Judge/Civil Judge (Senior
Division) for promotion against the quota of limited
departmental competitive examination, the Registrar General
of the High Court has informed us that 2 officers will become
CA 1867/2006
45
eligible by the end of August, 2019. If that is so, we do
not see why the process for holding a limited departmental
competitive examination for filling up at least 2 out of 3
available vacancies against the said quota cannot be
initiated in a manner that the said examination is held
simultaneously with the direct recruitment examination, which
is scheduled for 17.8.2019 and 18.8.2019. The High Court is
requested to act accordingly and issue necessary
orders/notifications.
The 3 available vacancies against the promotional
quota has been subjected to a selection process and it is
stated that the evaluation of judgments is going on
presently, whereafter interviews will have to be held. The
number of officers under consideration being only 3, we
request the High Court to complete the process and make its
recommendations to the State Government for appointment
against the promotional quota latest by September, 2019. The
State Government shall ensure that appointments are made
against the said recommendations after completion of all
formalities within 2 weeks of receipt of the said
recommendations.
II. Senior Civil Judge/Civil Judge (Senior Division)
Insofar as 10 vacancies available in the cadre of
Senior Civil Judge are concerned, it appears that there is an
ongoing process, wherein the evaluation of judgments is under
progress. The said process be completed and recommendations
in this regard shall be forwarded by the High Court and
appointments against the available vacancies shall be made
once the vacancies in the feeder cadre i.e. Civil Judge
(Junior Division) are filled up.
III. Civil Judge (Junior Division)
CA 1867/2006
46
In the State of Tripura, the posts in the cadre of
Civil Judge (Junior Division) are filled up both by the High
Court and the State Public Service Commission in equal
proportion (50%). There were 12 vacancies as on 30.6.2019.
In the recruitment process initiated by the High Court
against 6 vacancies, 4 candidates were found suitable and
recommended for appointment to the State Government on
21.6.2019. Appointments are yet to be made. Mr. Jamatia,
Principal Secretary, Government of Tripura has assured the
Court that appointments against the recommendations for 4
vacancies will be made by the end of August, 2019 after
completion of all formalities. The remaining 2 unfilled
posts have been re-advertised by the High Court on 8.7.2019.
As certain anticipated vacancies are likely to occur in the
cadre of Civil Judge (Junior Division), the High Court may
defer further process in the selection process pursuant to
the advertisement dated 8.7.2019. As and when anticipated
vacancies in the higher cadre are filled up by promotion from
the cadre of Civil Judge (Junior Division), further action in
the matter may be taken by the High Court, which may include
publication of a corrigendum to the advertisement dated
8.7.2019.
Of the remaining 6 vacancies to be filled up by the
Public Service Commission, it appears that the stage of
selection process has matured to the level of interview of
the candidates, which is fixed for 3.8.2019. The interview
as scheduled be held and select list be prepared and sent to
the Government by the Public Service Commission latest by
August, 2019. This date has been fixed by the Court in view
of the statement made by the Bar that the number of
candidates in fray is extremely low. Once the recommendations
of the Public Service Commission are made and received by the
Government, appointments be made forthwith after completion
of necessary formalities i.e. within 30 days of receipt of
CA 1867/2006
47
the recommendations from the Public Service Commission.
Re: State of Uttarakhand (High Court of Uttarakhand)
Following officers are present on behalf of the High
Court of Uttarakhand and State of Uttarakhand:-
(i) Mr. Hira Singh Bonal, Registrar General
Uttarakhand High Court
(ii) Mr. D.P. Gairola, Principal Secretary (Law),
Govt. of Uttarakhand
I. District Judge/Additional District Judge
Thirteen vacancies as on 30.6.2019 are available, 6
against the quota of direct recruitment and one against the
quota to be filled up by limited competitive examination and
6 posts to be filled up against the promotion quota.
So far as the post earmarked against the direct
recruitment quota and limited competitive examination are
concerned, the selection process is at a mature stage and we
are told by the learned Registrar General of the High Court
that the same is likely to be completed by the end of August,
2019. The State shall thereafter make the necessary
appointments forthwith and without any delay, latest by
30.09.2019.
So far as promotion to the cadre of District
Judge/Additional District Judge is concerned, we are again
told that the selection process is likely to be completed by
the end of August, 2019 and 5 persons are eligible for being
considered once the recommendations of the High Court are
made by the end of August, 2019. We direct that
consequential appoints be made in the State within two weeks
thereafter.
CA 1867/2006
48
II. Civil Judge (Senior Division)
The High Court shall initiate the process for
appointment to the existing vacancies as well as anticipated
vacancies and complete the same as early as possible.
However, appointments against the recommendations to be made
by the High Court, shall only be made after the appointments
in the first lot of vacancies (30 posts) in the feeder cadre
of Civil Judge Junior Division are made.
III. Civil Judge (Junior Division)
As against the available vacancies, two different
selection process has been initiated, one against 30 posts
for which advertisement was made on 28.12.2018 and the other
against 15 posts by advertisement dated 31.5.2019. The main
examination in respect of the 30 posts is scheduled between
12th and 18th September, 2019 and though, the Public Service
Commission, which is conducting the said selection, had
initially stated that they would complete the process by
February-March, 2020. Mr. Gaurav Agrawal, the learned Amicus
Curiae submits that vide subsequent letter dated 25.7.2019 of
the Public Service Commission addressed to the Principal
Secretary (Law), the Public Service Commission has stated
that the selection process would be completed and
recommendations sent by the Public Service Commission to the
Government latest by the end of September, 2019.
We order accordingly and direct the State Government
to make appointments against the said 30 posts within a month
of the date of receipt of the recommendations by the Public
Service Commission.
Insofar as the second lot of 15 posts is concerned,
CA 1867/2006
49
we are told that the preliminary examination is to be held in
August, 2019. We direct the Public Service Commission to
complete the process by the end of February, 2020 and
appointments to be made by the State Government against the
recommendations of the Public Service Commission in respect
of the aforesaid 15 posts by the end of March, 2020.
The High Court shall also make an assessment of the
anticipated vacancies that would be available in the cadre of
Civil Judge (Junior Division), following promotions to the
next higher cadre and will consider the feasibility of
issuing corrigendum to the advertisement dated 31.5.2019,
including the additional posts that may have become available
for being filled up. Even in the event such corrigendum is
issued, the preliminary examination will be held on 1.9.2019,
which is the date fixed for holding the preliminary
examination in respect of candidates who may have initially
applied pursuant to the advertisement dated 31.5.2019.
Re: State of Gujarat (High Court of Gujarat)
Following officers are present on behalf of the High
Court of Gujarat and State of Gujarat:-
(i) Mr. Hasmukhbhai Dalsukhbhai Suthar
Registrar General, High Court of Gujarat
(ii) Mr. M.G. Dave, I/C Law Secretary,
Govt. of Gujarat
I. District Judge/Higher Judicial Service
Thirty-two vacancies are available for being filled
up against the promotion quota, 24 against the direct
recruitment quota and 14 against the quota to be filled up by
limited competitive examination. The selection process is
CA 1867/2006
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presently on in respect of all the vacancies plus 3 further
anticipated vacancies, i.e., total 73 vacancies. Taking into
account the stage at which the selection process is poised,
we order for completion of the process of appointment by
promotion against 32/33 posts by the end of September, 2019.
So far as the posts to be filled up by direct recruitment and
limited competitive examination, the selection process will
be completed by the end of November, 2019. The appointments
as per the recommendations of the High Court in respect of
all categories shall be made by the State Government within
30 days of date of receipt of the recommendations from the
High Court.
II. Civil Judge (Senior Division)
Against 65 vacancies actual and anticipated, 95
cases are under consideration. Judgments are being evaluated,
selection is on the basis of the evaluation of judgments and
service records. The learned Registrar General of the High
Court, has assured the Court that the recommendations of the
High Court will be made by the end of September, 2019. We
order accordingly and direct the State Government to make the
appointments within 15 days of date of receipt of the
recommendations from the High Court.
III. Civil Judge (Junior Division)
Selection process for 124 vacancies out of 150 is
presently going on. The main examination in which 307
candidates appeared, has been held on 7.7.2019. The High
Court shall make every endeavour to publish the result of the
main examination by the end of September, 2019. Interviews
will be held thereafter and on the basis of the interview the
final select list will be published on or before 15.10.2019.
The recommendations will be made thereafter on the basis of
CA 1867/2006
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the select list to be prepared by the High Court and
appointments will be made by the Government within one month,
i.e., 15.11.2019. The 20 vacancies in the cadre of Civil
Judge available as on date along with such vacancies that can
be reasonably anticipated to be advertised forthwith, i.e.,
15 days from today.
In the State of Gujarat there are certain ad-hoc
posts in the cadre of Senior Civil Judge and Civil Judge,
against which some officers of the regular cadre have been
appointed. The High Court of Gujarat has moved the State for
conversion of the said posts to regular posts. The State in
an affidavit dated 25.7.2019 filed before this Court, has
stated that the said ad-hoc posts (15 in all) will be
converted into regular posts. The State of Gujarat is
directed to act accordingly, whereafter once the said posts
are added to the existing posts of Senior Civil Judge and
Civil Judge, steps will be taken for filling up the same
substantive appointments.
There is yet another step so far as State judiciary
of the State of Gujarat is concerned. From paragraph 4 of
the affidavit dated 24.7.2019 filed on behalf of the
Registrar General of the High Court, it appears that posts of
President and Members of Industrial Court; Judge, Labour
Court (Senior Division) and Judge, Labour Court (Junior
Division) have been placed under the administrative control
of the High Court as far back on 30.12.2013. Some of the
said posts are manned by the officers of the regular cadre
who have been sent on deputation. As the said posts have
been placed under the administrative control of the High
Court, it will naturally be open to the High Court to frame
appropriate rules for encadrement of the said posts as part
of the Gujarat Judicial service in different grades and
thereafter to proceed to fill up the said posts on a regular
CA 1867/2006
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basis.
Re: State of Himachal Pradesh (High Court of Himachal
Pradesh)
Following officers are present on behalf of the High
Court of Himachal Pradesh and State of Himachal Pradesh:-
(i) Mr. Virender Singh , Registrar General
High Court of Himachal Pradesh
(ii) Mr. Yashwant, Law Secretary,
Govt. of Himachal Pradesh
I. District Judge/Higher Judicial Service
As against 4 vacancies in the cadre of District
Judge, it is stated that the result of the main written
examination held on 30.6.2019 will be published within the
next three days. Thereafter, interviews will be required to
be held, which we anticipate can be completed by end of
August, 2019, including the process of preparation of the
select list. The State Government to make appointments
within 30 days from the date of receipt of recommendations of
the High Court against the 3 posts of District Judge (direct
recruit). The newly created posts of Additional District and
Sessions Judge be advertised and filled up in accordance with
the procedure. This be done forthwith.
II. Civil Judge (Senior Division)
So far as the 2 available posts in the cadre of
Civil Judge Senior Division is concerned, the Registrar
General of the High Court has stated that the process of
selection is at an advanced stage and recommendations will be
made to the State within two weeks from today. The State
CA 1867/2006
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Government on receipt of recommendations to issue the
appointment orders within two weeks, thereafter.
III. Civil Judge (Junior Division)
So far as the cadre of Civil Judge is concerned 4
appointments have been made on 19.7.2019. Advertisement for
10 vacancies (8 actual and 2 anticipated) have been issued on
19.6.2019 read with corrigendum dated 5.7.2019. The Registrar
General of the High Court, who is personally present,
anticipates that the selection process which is undertaken by
the Public Service Commission, will be completed in
accordance with the schedule laid down in Malik Mazhar Sultan
(supra). We order accordingly.
Re: State of Jammu & Kashmir (High Court of Jammu &
Kashmir)
Following officers are present on behalf of the High
Court of Jammu & Kashmir and State of Jammu & Kashmir:-
(i) Mr. Sanjay Dhar, Registrar General
High Court of Jammu & Kashmir
(ii) Mr. Achal Sethi, Law Secretary
Govt. of Jammu & Kashmir
I. District Judge/Higher Judicial Service
A total of 23 vacancies in the cadre of higher
judicial service in the State of Jammu & Kashmir are
presently vacant. There are 10 clear vacancies, 7 vacancies
of ad-hoc District Judges, which have been filled up by adhoc
appointments and 6 are anticipated vacancies. The
process for filling up 7 vacant posts by direct recruitment
from Bar is presently going on and the main written
examination is scheduled to be held 15/16.09.2019. The
CA 1867/2006
54
Registrar General of the High Court submits that the result
of the main examination will be declared by the end of
October, 2019, and interviews will be conducted and the
select list will be prepared by the end of November, 2019.
Once the recommendation/select list is forwarded to the State
Government by the High Court, the State Government is
expected to make the appointments within four weeks i.e. by
the end of December, 2019.
The process of filling up of posts by way of
promotion commenced from 24.07.2019. The selections are to
be made on the basis of ACR recordings, evaluation of
judgments and oral interview. We are of the view that the
High Court should make every attempt to complete the process
by the end of October, 2019, whereafter appointments will be
made by the State Government within two weeks from the date
of receipt of the recommendations of the High Court.
There are 4 more posts available for direct
recruitment from the Bar and 1 post to be filled by means of
Limited Competitive Examination. We are told that the matter
has been put up before the concerned Committee of the High
Court on 16.07.2019 and the orders are awaited. We request
the High Court to finalize the matter and issue appropriate
notification inviting applications from the eligible
candidates within two weeks from today.
II. Civil Judge (Senior Division)
The ongoing process for filling up 24 vacancies in
the cadre be finalized, but appointment orders be not issued
until the vacancies in the feeder cadre i.e. Civil Judge
(Junior Division) are filled up.
III. Civil Judge (Junior Division)
CA 1867/2006
55
So far as the process of filling up of 42 posts in
this cadre is concerned, which is at the final stage, the
same will be completed within next two weeks according to the
learned Registrar General. We order accordingly. We further
direct the Government to issue appointment orders within one
month from the date of receipt of the select list of the
recommendation. The remaining 24 vacant posts be taken up for
recruitment after the issue relating to supervision and
control of Dehi Adalats is resolved between the State
Government and the High Court.
Re: State of Jharkhand (High Court of Jharkhand)
Following officers are present on behalf of the
State of Jharkhand and High Court of Jharkhand:-
(i) Mr. Ambuj Nath, Registrar General
High Court of Jharkhand
(ii) Mr. Pradeep Kumar Srivastava, Law Secretary
Govt. of Jharkhand
I. District Judge/Higher Judicial Service
Against the available 20 vacancies to be filled up
by direct recruitment, 15 appointments have been made on
23.07.2019. Two cases are pending before the Government
awaiting orders of this Court and 3 cases are pending with
the High Court pending finalization of the issue relating to
reservation. So far as the 2 recommendations pending with
the Government are concerned, the same naturally will abide
by such orders that this Court may pass. The High Court is
requested to finalize its consideration on the 3 cases
pending before it on the issue of reservation and,
thereafter, forward the names to the Government, on receipt
CA 1867/2006
56
of which the Government will take prompt action for
appointment.
Fifty-nine vacancies are available for being filled
up by promotion as well as by the Limited Competitive
Examination (quota against the said source has reverted to
the promotional quota). Fifty-one officers have been
appointed by promotion on 30.05.2019, while 8 are pending for
vigilance clearance. The Registrar General of the High Court
has assured us that the 8 cases will be dealt with in an
appropriate manner and will be finalized within next 2 weeks.
We order accordingly. Once the High Court takes its decision
in respect of the 8 cases, the said posts will be dealt with
by making appointments in accordance with law, by the State
Government.
II. Civil Judge (Senior Division)
So far as the cadre of Civil Judge (Senior Division)
is concerned, against 56 vacancies, 39 officers have been
promoted on 02.05.2019. Eight cases are pending vigilance
clearance and 9 posts are vacant as no eligible candidate is
available.
Insofar as the 8 cases pending for vigilance
clearance are concerned, we request the High Court to
finalize the matter within two weeks from today and
thereafter further steps be taken up for appointment to the
said posts.
III. Civil Judge (Junior Division)
Insofar as this cadre is concerned, the selection
process for filling up of 107 vacancies (78 existing and 29
anticipated) is presently under way. The result of the
CA 1867/2006
57
preliminary examination has been declared and the main
written examination is scheduled to be held on 13th - 14th
September, 2019. The selection process is conducted by the
Jharkhand Public Service Commission and according to the
Secretary, Law Department, Government of Jharkhand, the
result of the main written examination can be expected to be
published in the third week of October, 2019. The
interviews, thereafter, will be required to be held of the
eligible candidates. We direct the said process to be
completed by the end of November, 2019 and appointments to be
made within thirty days of the High Court’s
recommendations/preparation of select list, which, in any
case, should be completed on or before 31.12.2019.
Re: State of Karnataka (High Court of Karnataka)
Following officers are present on behalf of the
State of Karnataka and High Court of Karnataka:-
(i) Mr. V. Srishananda, Registrar General
High Court of Karnataka
(ii) Mr. S.B. Vastramath, Principal Law Secretary
Govt. of Karnataka
I. District Judge/Higher Judicial Service
Five posts available for being filled up by
promotion are being subjected to a recruitment process which
the learned Registrar General hopes would be completed by end
of September, 2019, whereafter appointments will be made by
the State Government within fifteen days of receipt of the
recommendations of the High Court.
The ongoing process of selection of 26 vacancies
available for direct recruit is also going on and viva-voce
CA 1867/2006
58
has been held between 24th to 29th July, 2019. According to
the learned Registrar General, the select list will be
published by the end of August, 2019, whereafter the same
will be sent to the Government. The Government will make the
appointments of the recommended candidates after completion
of all formalities within thirty days from the date of
receipt of the recommendations from the High Court.
As against 21 vacancies for being filled by Limited
Competitive Examination, only 4 officers are eligible as on
date. Such ineligibility is in respect of lack of qualifying
service. We request the High Court to consider relaxation of
the said requirement, whereafter, if the High Court is
inclined to relax the said condition, recruitment by Limited
Competitive Examination will be held against such number of
posts as may be available for such recruitment. The
recruitment process once initiated will be completed after
undergoing all the stages of process involved, within a
period of four months from the date of issuance of
notification after completion of all stages of the selection
process. We request the High Court to take a decision with
regard to the relaxation of condition of qualifying service
as expeditiously as possible.
II. Civil Judge (Senior Division)
The process for filling up 85 vacancies in the said
cadre is presently on and the learned Registrar General of
the High Court has stated that the same will be completed on
or before 30.09.2019. The Government on receipt of the
recommendations from the High Court will make the
appointments, within 15 days from the date of receipt of the
said recommendations.
CA 1867/2006
59
III. Civil Judge (Junior Division)
Against an advertisement dated 12.12.2018,
15 candidates have been recommended for appointment, which
appointments are likely to be made by the end of August, 2019
as per the statement made before the Court by the Law
Secretary, Government of Karnataka. We order accordingly.
Fifty-six posts notified on 22.07.2019, be filled up
as per the schedule laid down in Malik Mazhar Sultan (supra).
Three further vacancies of 2015-2016 batch will either be
notified or appropriately dealt with by the High Court. Once
the consideration of the High Court on the said questions is
finalized, we request the High Court to finalize the matter
as expeditiously as possible.
Re: State of Kerala (High Court of Kerala)
Following officers are present on behalf of the High
Court of Kerala and State of Kerala:-
(i) Mr. K. Haripal, Registrar General
High Court of Kerala
(ii) Mr. Arvind Babu, Law Secretary
Govt. of Kerala
I. Higher Judicial Service (District Judge)
Twenty-one vacancies existed as on date. Six
vacancies have been filled up by appointing retired Judges as
Family Court Judges. For the remaining 15 vacancies, 8
recommendations from the Bar and 6 by way of promotion are
pending with the Government. The aforesaid 14 appointments
CA 1867/2006
60
be finalised by the authority before whom it is pending as
expeditiously as possible.
The remaining vacancies including 5 vacancies
required to be re-notified as NCA (No Candidate Available) be
notifed at the earliest and in any case, within 4 weeks from
today.
II. Sub-Judge/Chief Judicial Magistrate
Ten officers have been promoted from a panel of 27
and the panel in respect of remaining 17 vacancies is
required to be operative for filling up 12 available
vacancies. Further, the affidavit of the Registrar General
of the High Court would suggest that on account of dearth of
officers in the feeder cadre of Munsiff Magistrate,
appointments against the aforesaid 12 vacancies should be
deferred until vacancies in the lower cadre are filled up.
We order accordingly and direct that once the vacancies in
the lower cadre are filled up, 12 vacancies in the cadre of
Sub-Judge/Chief Judicial Magistrate be filled up forthwith
from the existing panel, if the same is still valid and in
subsistence.
III. Munsiff Magistrate
Against 47 vacancies, 31 candidates have been
selected and they are presently undergoing training with
effect from 1.2.2019. The training period is 12 months and
on completion thereof, they will be given orders of posting.
The High Court is requested to act accordingly. Insofar as
the remaining 16 vacancies are concerned, selection for
appointment as Munsiff Magistrate under the provisions of the
Kerala Judicial Service Rules has been completed and a list
has been forwarded to the Government. We are told that the
CA 1867/2006
61
said list is placed before the appropriate authority of the
Government and orders are awaited. We would request the
appropriate authority concerned to expedite the matter. In
the affidavit of the Registrar General, it has been further
stated that notification dated 1.2.2019 has been issued for
appointment against 45 vacancies of Munsiff Magistrates,
which include anticipated vacancies. The main written
examination is to be held at the end of August, 2019. It has
been stated that endeavours will be made to complete the
selection process by the end of the year 2019. The High Court
is requested to ensure the same.
Re: State of Bihar (High Court of Patna)
Following officers are present on behalf of the High
Court of Patna and State of Bihar:-
(i) Mr. B.B. Pathak, Registrar General
High Court of Patna
(ii) Mr. A.K. Jha, Registrar, High Court of Patna
(iii) Mr. Deepak Kumar, Chief Secretary, Bihar
(iv) Mr. Madan Kishore Kaushik, Law Secretary, Bihar
(v) Mr. Amarendra Kumar, Joint Secretary-cum-Examination
Controller, Bihar, BPSC, Bihar
The issue with regard to filling up of vacancies in
the State of Bihar was taken up on 30.7.2019. As the
information laid before the Court was scanty and incoherent,
the Court had adjourned the matter for today and also called
the presence of the Chief Secretary.
At the hearing today, Mr. Vijay Hansaria, learned
Amicus Curiae has laid before the Court certain additional
information which throws sufficient light as to the position
CA 1867/2006
62
as on today with regard to filling up of vacancies. Had the
said information been made available to the Court on the
previous date, orders could have been passed on the said date
itself and the presence of the Chief Secretary would not have
been required. We do not know as to why on behalf of the
High Court of Patna incomplete information was laid before
the Court on 30.7.2019 and only on firm insistence of the
Court for the information, the same has been made available
today. This part of the order be brought to the notice of
the Chief Justice of the High Court to enable the Chief
Justice to ensure that such lapses do not occur and the
person/persons responsible for the lapse in the present case
are suitably dealt with.
In the light of the information laid before the
Court today, the position that emanates is as follows :
I. District Judge/Higher Judicial Service
Ninety-three vacancies in the cadre of District
Judge against the promotional quota was notified on 31.3.2019
and judgments were called for. Midway, the High court took
the view that instead of calling for 6 judgments from each
officer as per his choice, a new procedure/practice should be
devised which would require all the officers under
consideration to submit a list of all contested judgments
delivered during the last 5 years. From the said judgments
the High Court would pick up 10 judgments for each officer
for evaluation. The aforesaid change of procedure let to some
delay, as the list of judgments delivered by each officer in
the zone of consideration for the last 5 years was not
immediately available with the officers. However, it appears
that judgments have now been received and the process of
evaluation of the same is going on. The said process, it is
stated on behalf of the High Court, will be completed on or
CA 1867/2006
63
before 9.8.2019. Thereafter, interviews will start within a
week and final result/select list is expected to be published
by the end of the month of August, 2019. The High Court
shall act accordingly.
Insofar as 35 posts to be filled up by way of
limited competitive examination are concerned, it appears
from the information laid before the Court that 128 officers
are under consideration and they are now required to sit in a
written examination, which is scheduled for 18.8.2019. On
behalf of the High Court it is stated that the process of
evaluation of answer scripts of the written examination is
expected to be completed by 9.9.2019, whereafter interviews
will be held and competed and the final result/select list is
expected to be published by the end of September, 2019.
Insofar as direct recruitment is concerned, 16
vacancies have been notified on 31.3.2019. From the materials
laid before this Court it appears that 12 candidates have
been selected against the 16 vacancies and their names have
been recommended to the Government on 27.7.2019. Out of the
12 candidates, 8 are from Bihar and rest are from other
states.
Insofar as the candidates from the State of Bihar
are concerned, the State Government is directed to make the
necessary appointments within 4 weeks from the date of
receipt of the recommendations. In case of candidates who
are from outside the State, all endeavour will be made to
make the appointments within the same time frame. If,
however, police verification, etc. is not received by the
State of Bihar in time, the State is directed to pursue the
matter and obtain the said verification reports etc. as
expeditiously as possible and thereafter, make the
appointments in question.
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64
We direct the Chief Secretaries of the States of
Uttar Pradesh, Punjab and Union Territory of Delhi, from
where the 4 candidates have been selected, to respond
immediately to the request for police verification etc. in
respect of the candidate selected for appointment, details of
whom will be available in such correspondence. The said
States shall act in the matter without any delay. To avoid
any possible litigation in future, we direct that the
seniority of the officers to be appointed will be on the
basis of their ranking in the select list and not from the
date of appointment.
II. Civil Judge (Senior Division)
There are 145 vacancies in the cadre of Civil Judge
(Senior Division) against total sanctioned strength of 411.
If promotions are made to the cadre of District Judge, it is
anticipated that the vacancies will rise to 272. The process
for filling up 272 vacancies was initiated by the High Court
on 6.2.2019 and judgments have been requisitioned from the
judicial officers. 965 judgments have been collected and
these have been distributed amongst 24 Hon’ble Judges for
evaluation. Though the Registrar General of the High Court
has stated that the final result will be published by
14.8.2019, we do not think that is possible keeping in view
the number of judgments which require evaluation. The
selection has to be made on the basis of evaluation of
judgments and service records. We, therefore, request the
High Court to publish the final select list by 31st October,
2019.
III. Civil Judge (Junior Division)
The selection process to fill up 349 vacancies
advertised on 28.1.2018 is now at the stage of evaluation of

the answer scripts of the main examination. The Public
Service Commission hopes to complete the same and publish the
result of the main written examination by the end of
September, 2019. The Commission shall act accordingly. The
interviews that are required to be held thereafter will be
completed and final select will be published before the end
of the month of November, 2019. Appointments in terms of the
select list will be made by the State Government by the end
of December, 2019.
The selection process for 221 vacancies in the cadre
of Civil Judge Junior Division, which comprises 28 actual and
193 anticipated vacancies, is presently held up on account of
a proposed amendment of Rule 5A(3) of the Bihar Civil Service
(Judicial Branch (Recruitment) Rules, 1955. The Court is
informed by the Chief Secretary of the State that the matter
is pending before the State Cabinet and decision thereon is
likely to be taken shortly. Once the necessary decision is
taken with regard to the Rules and the Cabinet decides to
approve the amendment to the Rule, after the said amendments
are notified within 15 days, the selection process for the
221 vacancies will be initiated and completed as per the time
schedule laid down in Malik Mazhar Sultan (supra).
A peculiar situation has been noticed by the Court
in the matter of filling up of the vacancies in the State of
Bihar. The lowest cadre, i.e., Civil Judge Junior Division,
is facing a shortage of 377 number of posts plus the huge
number of anticipated vacancies which are likely to occur by
way of promotions. The selection process for 349 posts is
presently on and has been directed by the Court to be
completed on or before December, 2019. Another selection
process for 221 vacancies noticed in the present, will take
at least seven months. Even after completion of the aforesaid
selection process(es), the selected candidates before being

given appointments will have to complete one year mandatory
training. In the present order it has been noticed that the
total vacancies in the cadre of District Judge is 153 and in
the cadre of Civil Judge Senior Division is 272 (145 actual
vacancies and 127 anticipated vacancies). Unless there is a
movement from the lower cadre to the next higher cadre, the
posts vacant in the cadre of District Judge and Civil Judge
Senior Division cannot be filled up. If an upward movement
is made from the cadre of Civil Judge Junior Division, the
said cadre which is already denuded and working with almost
400 officers less would suffer a further shortage. In the
circumstances, the promotions from the lowest cadre to next
higher cadre and then to the District Judge cadre will have
to be made in a phased manner. We, therefore, direct that
the selection process for filling up posts in the cadres of
District Judge and Civil Judge (Senior Division) may be
completed and select list be prepared. The High Court on the
administrative side will chalk out an action plan as to in
what manner the upward movement of officers commencing from
the lowest cadre should be undertaken to cause the minimum
disturbance in the Court functioning. Such action plan will
be laid before this Court by the High Court on or before
17.09.2019, whereafter further orders will be passed.
(Chetan Kumar) (Sarita Purhoit) (Deepak Guglani) (Anand Prakash)
A.R.-cum-P.S. A.R.-cum-P.S. Court Master Court Master
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