The Supreme Court of India, in a recent proceeding, issued a series of significant directions pertaining to the recruitment of District Judges in various High Courts across the country. The matter was brought before the Bench of Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra.
Brief Facts of the Case:
The case revolves around the recruitment of District Judges in several High Courts in India, particularly those of Madhya Pradesh, Punjab, and Haryana. The proceedings were initiated to address various issues related to the recruitment process, timeline, and infrastructural challenges faced by these High Courts.
In Madhya Pradesh, the case stemmed from an advertisement for 21 vacancies for direct recruitment of District Judges under the 25% quota, published in August 2023. The preliminary examination date was notified two months after the advertisement was issued.
In Punjab, the case concerned the recruitment of District Judges under different quotas, including the 25% direct recruitment quota, the 10% quota through a limited competitive examination, and the 65% promotional quota. Haryana was also part of the proceedings.
The case involved infrastructural challenges faced by the District Judiciary in these states, including the allotment of suitable land to address these issues.
Contentions of the Parties:
Appellants:
The applicants in these cases primarily argued for a more streamlined and transparent recruitment process for District Judges. They emphasized the need for a clear and efficient timeline for the recruitment process, including the announcement of examination dates, result declarations, interview schedules, and Select List notifications. In some instances, applicants had concerns regarding the delay in appointments under various quotas and sought a prompt resolution. The applicants also raised concerns about the infrastructural challenges faced by the District Judiciary and the necessity for the allotment of land to address these issues.
Respondents:
The respondents, including the High Courts of Madhya Pradesh, Punjab, and Haryana, presented their willingness to address the concerns raised by the applicants. They expressed their commitment to expediting the recruitment processes for District Judges and to ensure transparency in these procedures. The respondents assured the Court that they would take the necessary steps to facilitate infrastructural improvements, including the allotment of land as required.
Observations by the Court:
The Court addressed issues related to the High Courts of Madhya Pradesh, Punjab, and Haryana, while the matter concerning the High Court of Tamil Nadu is scheduled for discussion at a later date:
Madhya Pradesh High Court:
In the case of the Madhya Pradesh High Court, the Supreme Court observed that an advertisement for 21 vacancies for the direct recruitment of District Judges under the 25% quota was published in August 2023. However, the preliminary examination date was notified two months after the advertisement was issued. To address this, the Court directed the High Court to prepare and publish a detailed time schedule within a week, specifying the following:
1. Completing the assessment of the preliminary examination answer sheets and declaration of results.
2. Dates for the written examination, assessment of answer sheets, and declaration of results.
3. Dates for conducting interviews.
4. Notification of the Select List for appointment.
Additionally, the Court ordered that the notification for the appointment of successful candidates under the 10% quota be issued within fifteen days from the date of the order.
The Court set a deadline of December 7, 2023, for the completion of the recruitment process for Civil Judge (Senior Division) and promotion quota. Furthermore, the High Court was instructed to provide a time schedule for the entire process.
Punjab and Haryana High Courts:
For the High Courts of Punjab and Haryana, the Supreme Court issued similar directions. The Court directed the Recruitment and Promotion Committee to frame a schedule for the 25% direct recruitment quota for District Judges, ensuring that the process is completed by March 31, 2024. The same timeline was set for 10% quota and 65% promotional quota.
Regarding the recruitment of Civil Judges (Junior Division), the Court noted that the process had been completed. The State Government was directed to issue a formal notification by December 7, 2023.
The Court also instructed the counsel representing the High Courts to report on the steps taken to address infrastructural issues, including land allotment for the District Judiciary.
Decision of the Court:
In conclusion, the Supreme Court's comprehensive directions aim to streamline the recruitment processes for District Judges in these High Courts and ensure transparency and efficiency in the judiciary's selection and appointment procedures.
Case Title: Malik Mazhar Sultan & Anr. vs. U.P. Public Service Commission Through Its Secretary & Ors.
Coram: Hon’ble Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra
Case No.: Civil Appeal No(s).1867/2006
Advocates of the Appellant: Vijay Hansaria, Kavya Jhawar, Sneha Kalita and Ejaz Maqbool
Advocates of the Respondent: Arjun Garg (MP HC), Ashok Mathur (P&H HC), Lokesh Sinhal and Anr. (Haryana), Saurabh Mishra and Ors. (MP)
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