January, 30,2017:
Bench said that once admitted Court is bound to hear the Petitions.
On Monday, Centre asked the Supreme Court not to hold its hearing on a petition seeking appointments of the High Court judges.
Apex Court Bench comprising of Chief Justice Jagdish Singh Khehar and Justice N.V. Ramana was told by Attorney General Mukul Rohatgi that Supreme Courts order on National Judicial Appointments Commission is amply clear.
He said as per NJAC verdict it was for Government to decide on Memorandum of Procedure (MoP) a guideline for selection of the High Court judges in consultation with Chief Justice of India (CJI).
Attorney General further added that Government had sent MoP to CJI about six months ago but still the Govt. has not received any response.
He thus stated that once the MoP was finalised, the issue of the appointment of judges would also be resolved simultaneously.
But the Apex Court Bench declined Centre’s plea that PILs be disposed of and enunciated that, “Once it has been admitted we cannot dispose it of without hearing it.”
It is due to this reason, that the number of vacancies in High Courts has risen to more than 45 per cent. Of nearly 1,100 posts of judges in 24 High Courts, around 500 were lying vacant. Eight of 31 posts in Supreme Court are also vacant.
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