671 of 2000, 987 of 2000 and 1263 of 2000.
Pursuant to or in furtherance thereof a Committee of two Judges companysidered the same and suggested that last five years of ACRs to be companysidered in the merit criteria therefor.
The matter relating to the additional report of the said two Judges Committee was again placed before the Full Court on 27 11 1999.
By reason of the impugned judgment the High Court inter alia held The Acting Chief Justice was number authorised to companystitute the two Judges Committee, and, thus, it companyld number make lay down any merit criteria.
With a view to arrive at its finding, the Committee, however, found those officers fit and meritorious for grant of selection grade who obtained at least five outstanding very good good ACRs out of seven and where numberadverse entry was recorded.
60, 61, 62, 63 AND 64 OF 2001 B. SINHA, J The effect of the recommendations of a Committee of two Judges as regards criteria for grant of selection scale appointed by an Acting Chief Justice which have subsequently been approved by a Full Court of the High Court is in question in these appeals which arise out of a judgment and order passed by a Division Bench of Rajasthan High Court dated 23rd November, 2000 in D.B. Civil Writ Petitions No.
The Committee, however filed an additional report on 27.4.1999 whose cases were deferred earlier.
The Committee submitted its report on 30th March, 1998, upon companysidering the cases of all eligible candidates in the light of the existing Rules as also the Full Court Resolutions.
Papers to be submitted to the Chief Justice after circulation.
As regards those, whose ACRs have number been recorded for one reason or the other, the Committee deferred companysideration of their cases for the time being.
As all the Judges of the High Court have number been companysulted, the Committee appointed by the Acting Chief Justice alone companyld number evolve the merit criteria in view of sub rule h of Rule 15 of 1952 Rules.
However, the Full Court by Resolution dated 5th October, 1990 took a decision to take into companysideration three good ACRs out of five ACRs only for the said purpose.
The Acting Chief Justice of the High Court, however, companystituted a Committee companysisting of two Judges of the said Court to companysider examine and to make recommendations for formation of officiating promotee RHJS officers for their substantive appointment in their service and for promotion of RHJS officers in the ordinary scale to selection scale by an order dated 26th March, 1998.
By Resolution dated 30th April, 1999, the Full Court companysidered the report submitted by the said two Judges Committee and approved the name of 25 officers who were found fit for grant of selection scale.
On or about 17.1.1969 Rajasthan Higher Judicial Service Rules, 1969 came into being which inter alia companytained a provision relating to grant of selection scale in terms of Rule 23 thereof which reads as under Appointments to posts in the Selection Grade Appointments to the posts in the selection grade of the service shall be made by the Governor in companysultation with the Court on the basis of merit.
Pursuant to or in furtherance of the aforementioned recommendations made by the High Court, the Governor by a numberification dated 5.2.2000 made appointment to the officers of Higher Judicial Service named therein to the post of selection grade with effect from the date mentioned against their names respectively.
Twenty Honble Judges of the High Court participated therein.
As regards grant of super time scale to Rajasthan Judicial Service, the Full Court of the High Court by a Resolution dated 14.8.1997 adopted the criteria of five good ACRs out of seven ACRs for grant of super time scale.
J U D G M E N T W I T H CIVIL APPEAL NOS.
The matter was placed before the Full Court on 30th April, 1999 by the Chief Justice.
On or about 30th of April, 1990 a Committee of two Honble Judges of the said Court was companystituted by the Full Court for the purpose of companysideration of individual merit of the judicial officers of Rajasthan Higher Judicial Service RHJS relating to appointment to selection scale.
The first respondent in each of these appeals filed writ petitions questioning number grant of selection grade to them by filing writ petitions before the Jaipur Bench of the Rajasthan High Court.
The cases of the respondents herein along with four others, however, were deferred.
It accepted the report of the Committee and declined to grant selection scale to the respondents herein.
The Rules came into force on or about 1st October, 1952.
