2.03 Vacancies for Direct Recruitment from Bar.
That stand is reiterated even number in the affidavit filed by the High Court.
The said writ petitioners asserted that if the impugned selection process was allowed to be taken forward, it would be in breach of the relevant Recruitment Rules and also infringe the mandate of adhering to the roster as per Rule 8 of the amended Rules.
According to the said writ petitioners, the impugned selection process was improper and number in companyformity with the mandate of the amended Rules requiring ratio of 502525 by promotion from amongst the Sub Judges on the basis of merit cum seniority and passing of a suitability test by promotion by way of selection strictly on the basis of merit through a Limited Competitive Examination of Sub Judges having number less than 5 years service and by direct recruitment from the Bar on the basis of written test and viva voce companyducted by the High Court, respectively.
Division in the Jharkhand Superior Judicial Service in view of recommendation of the Court as made vide letter number9593/Apptt.
20th August 2004.
Dated 3rd November 2007 and 2819/Apptt.
Dated Ranchi, the 22nd February, 2013 Copy forwarded to the I c NIC Cell, High Court of Jharkhand, Ranchi for uploading the above numberification in the official website of the Jharkhand High Court, Ranchi immediately.
The main companytention of the said writ petitioners was that the High Court was erroneously linking the ratio of posts to fill up the vacancies by giving retrospective effect to the amended Rules, which has companye into force w.e.f.
Indisputably, pursuant to the decision of this Court the Rules were amended, which came into effect from 20th August 2004.
Thus, the first 8 meritorious candidates were recommended for appointment against the vacant posts to be filled by the process of direct recruitment.
Those posts were required to be bifurcated equally between the promotees from the rank of Subordinate Judges by companyducting Limited Competitive Examination and direct recruits from the Bar in the ratio of 2525.
However, as per the merit wise rank of successful candidates, the names of the said writ petitioners were placed at lower position.
For promote officers form the limited companypetitive examination of Sub Judge, 3,7,11,15,19,23,27,31,35,39,43,47,51,55,63,67,71,75,79,83,87,91,95,99.
In the meantime, however, the Judicial Officers challenged the decision of the High Court by way of present S.L.P. Civil No.
Thus, numberification for filling up of 34 posts of Additional District Judge through Limited Competitive Examination from amongst the members of Jharkhand Subordinate Judges having more than 5 years of experience and 18 posts from merit cum seniority basis amongst the Civil Judge Senior Division , was issued in 2008 on the basis that numbervacancy against the posts of direct recruit quota was available.
Division on selection through from Bar 25 under the basis of limited companypetitive Rule 4 a of rules, 2001 merit cum seniority examination 10 under 65 under Rule 4 b ofRule 4 c of Rules, 2001 rules,2001 55 Nil 220325 It is made clear that appointment over the aforesaid numberified vacancies will be subject to final decision of the Honble Supreme Court in the Special Leave Petition Civil No.9883/2009.
However, on companypletion of the exercise, vacancies will number be filled till further orders.
The High Court with a view to fill up those vacancies, companymenced the process vide advertisement No.01/2010.
The challenge before the High Court in the writ petition, as has been numbered in the opening para 1 of the impugned judgment was limited to the quota assigned for the Limited Competitive Examination from amongst the Subordinate Judge Civil Judge Senior Division scheduled to be held on 31st August 2008.
This affidavit was filed on 26th August 2008 after the amended Rules were numberified and came into force w.e.f.
The companynate Writ Petitions involve overlapping issues.
Note 1 22 Vacancies for the appellants of Civil Appeal Nos.6647,6648 6649 of 2012.
On a further application filed, this Court on 5th August 2011 permitted the High Court to make appointments companycerning the said selection process of 2008.
In paragraph 10 onwards of the impugned judgment, the High Court upheld the plea of the said writ petitioners and issued directions to the High Court to fill up the vacancies, as directed.
20th August 2004.
of the Fast Track Courts in the Jharkhand Superior Judicial Service on regular basis, in view of the recommendation of the Court made vide letter Nos.6949/Apptt.
The same reads thus Another question which falls for companysideration is the method of recruitment to the posts in the cadre of Higher Judicial Service i.e. District Judges and Additional District Judges.
Pursuant to the said advertisement, the writ petitioners in the companynected writ petitions appeared in the preliminary examination held on 29th September 2011 and the main examination held on 27th November 2011 along with other candidates.
We have heard the learned companynsel for the parties at length.
Division on selection through from Bar 25 under the basis of limited companypetitive Rule 4 a of rules 2001 merit cum seniority examination 10 under 65 under Rule 4 b Rule 4 c of rules, 2001 of rules, 2001 68 Nil 08 It is made clear that appointment over the aforesaid numberified vacancies will subject to final decision of the Honble Supreme Court in the Special Leave to Appeal Civil No.9883/2009.
Sd 22.02.2013 Registrar General I c It is also pointed out that the Standing Committee of the High Court vide minutes dated 18th February 2014 assessed the vacancy position as on 20th February 2014 as under Sanctioned Working Vacancy as Sl.
Taking into account the 13 posts likely to be created from the end of the State Government.
After due companysideration, the vacancy position of the Jharkhand Superior Judicial Service was numberified vide Notification dated 22nd February 2013 which reads thus HIGH COURT OF JHARKHAND, RANCHI NOTIFICATION No.45/A. The Vacancies position of the Jharkhand Superior Judicial Service as numberified earlier vide Notification No.275/A dated 19th September, 2012 is hereby recalled and further revised till date in the following manner By promotion from Civil Promotion by way of By direct recruitment Judge Sr.
Dated Ranchi the 4th November, 2010 Copy forwarded to Scientist D , N.I.C., Jharkhand High Court Ranchi.
regarding Promotion of 28 Officers of the rank of Civil Judge Sr.
The said Notification reads thus Actual and anticipated Vacancy in the cadre of Jharkhand Superior Judicial Service Actual Vacancy as on 30.04.2008 Anticipated Vacancy till 31.03.2009 By Promotion from Promotion by way of By promotion from Sub Judges on basis of Selection through Sub Judges on basis of merit cum seniority limited companypetitive merit cum seniority examination 18 34 11 Note In the event of issuance of numberification by the State Government regarding induction of 10 Adhoc A.D.Js.
By Order Sd A.K.Choudhnary Registrar General I C Dated 22nd February, 2013 Memo No.1644/Apptt.
Note In the event of the issuance of Notification by the State Govt.
6/Estab Jud 610/2001 Perso.
That sanctioned strength was later on increased to 191 on creation of 17 permanent posts of Superior Officers 10 of existing strength.
That companytention, essentially, is dependent on the outcome of Civil Appeal arising out of Special Leave Petition Civil No.9883/2009 wherein the selection process of 2008 is the subject matter.
The vacancies have to be filled up in companyformity with the extant Regulations.
6/Estab Jud 610/2001 Perso.
Dated 11.04.2008, the actual vacancies as on 30.04.2009 in the Promotee Quota shall be reduced to 08.
Division on the 74 4 70 basis of merit cum seniority 65 under Rule 4 b of rules, 2001 2 Promotion by way of 21 17 4 selection through limited companypetitive examination 10 under Rule 4 c of Rules, 2001 3 By direct recruitment from 51 55 Excess 4 Bar 25 under Rule 4 a excess may of Rules,2001 be adjusted In other affidavits filed on behalf of the High Court by the Registrar General, the above factual position has been reiterated.
Pursuant to the modification of the interim order, the High Court companypleted the selection process of filling up of the numberified vacancies of 2008 by way of promotion.
4544/after Ranchi Date 20.08.2004 Copy to Superintendent, Government press, Doranda Ranchi, with request that be published in next edition of Jharkhand official Gazette.
The cadre strength is always measured by the number of posts companyprising the cadre.
It is stated that in the year 2008, the actual vacancy as on 30th April, 2008 and anticipated vacancy till 31st March 2009 were numberified on the official Website of the High Court.
The petitioners in these Writ Petitions, however, participated in the selection process of 2010 companymenced on the basis of an advertisement No.
In paragraph 20 of the reply affidavit, the vacancy position as calculated on the basis of amended Rules as amended on 14th December 2011 has been mentioned as follows Sanctioned By promotion from Promotion by way By direct strength Civil of selection recruitment from Judge Sr.
Pursuant to the liberty given by this Court, the High Court submitted recommendations to the State Government for promotion of 31 Officers of Sub Judge Cadre as per the advertisement issued in 2008 to fill up the vacancies in terms of Rule 4 b and 4 c .
By order of Governor Shri Nitya Shankar Mukhopaddya Deputy Secretary of State No.
1/2010 for the post of Additional District Judge from the Bar.
According to these petitioners, some more posts were available for direct recruits from the Bar.
The appellants, who were working as Subordinate Judges at the relevant time and were otherwise eligible to appear in the Limited Competitive Examination for filling up the numberified vacancies by way of promotion, have approached this Court to question the aforesaid decision.
50 shall be filled by promotion from amongst the Sub Judges on the basis of merit cum seniority and passing a suitability test as may from time to time be prescribed by the High Court.
The companyrect number of vacancies in 2010 to be filled up by direct recruitment ought to be 13.
After initiation of the impugned selection process for 2008, a Writ Petition No.4159/2008 was filed in the High Court in which directions were issued to the High Court to fill up 21 vacancies out of 42 vacancies by promotion of Subordinate Judges on the basis of Limited Competitive Examination and the rest of 21 vacancies by direct recruitment.
The percentage of quota has to be worked out in relation to number of posts which form the cadre and has numberrelevance to the vacancy that would occur.
The Registrar General of the High Court has filed reply affidavits.
At the present moment, there are two sources for recruitment to the Higher Judicial Service, namely, by promotion from amongst the members of the Subordinate Judicial Service and by direct recruitment.
Out of those candidates, only 15 candidates including the writ petitioners in the companynected writ petitions successfully qualified all the three rounds.
By the said Writ Petition, the writ petitioners respondents 4 to 11 herein had challenged the selection process for filling up of 34 posts of Additional District Judges through Limited Competitive Examination scheduled on 31st August 2008 and also 18 posts of Additional District Judges from the promotee officers on the basis of merit cum seniority scheduled on 23rd August 2008.
Indeed, the High Court in the impugned judgment has adverted to the decision of this Court in All India Judges Association Ors.
The numberification dated 20.08.2004 amending Rule 5 and 8 reads thus Government of Jharkhand Department of Personnel, Administrative Reforms and Rajbhasha NOTIFICATION Ranchi Date 20.08.2004 No.
These petitioners did number succeed in getting appointed, as the first 8 candidates in the merit list exhausted the 8 vacancies numberified for the relevant period.
If the requisite posts were already exhausted by the direct recruits against the earmarked quota for direct recruitment, merely because some vacancies occur, it would number be open to the aspiring candidates against the direct recruit quota to challenge the selection process companymenced for the in service judicial officers by promotion through Limited Competitive Examination.
The said interim order was later modified on 24th September 2010, in the following terms List alongwith the batch of T.C.22 of 2001.
Strength Strength as onon 20.02.2014 20.02.2014 1 By promotion from Civil 134 60 74 Judge 9Sr.
For promote officers from the service 1,2,5,6,9,10,13,14,17,18,21,22,25,26,29,30,33,34,37,38,41,42,45,46,49,50,53, 54,57,58,61,62,65,66,69,70,73,74,77,78,81,82,85,86,89,90,93,94,97,98.
25 shall be filled in by direct recruitment from the Bar on the basis of test and viva voce companyducted by the High Court.
In paragraph 27 to 29 of the said decision, this Court has companysidered the question regarding the method of recruitment to the post in the cadre of Higher Judicial Service i.e. District Judges and Additional District Judges.
By Order Sd Registrar General Dated 19th September, 2012 It is stated that the vacancy position as on 31st December 2012 was numberified on the basis of the sanctioned strength of 174 at the relevant time.
Only 32 candidates companyld qualify the main examination, who were called for viva voce held on 3rd February 2012.
Deputy Secretary of Govt, The position as it stood as on 30th April 2008, is stated in paragraph 4 of the affidavit filed by the High Court dated 30th March, 2016, which reads thus That it is stated that as on 30.04.2008, the sanctioned strength of the Jharkhand Superior Judicial Service was 145 and working strength was 93, which is shown herein below By Promotion from Promotion By way of By direct recruitment Sub Judges on the selection through from Bar 25 basis of limited companypetitive merit cum seniority Examination 25 50 Sanctioned Strength 145 73 36 36 Working strength 93 55 00 38 Vacancies 52 18 36 234 02 surplus Considering the fact that numbervacancy existed in the quota of direct recruit as on 30th August 2008, the writ petitioners respondents 4 to 11 in the leading appeal , who companyld participate in the selection process for direct recruit alone and number by way of promotion through Limited Competitive Examination, had numberlocus to challenge the selection process of 2008.
He is requested to put the aforesaid vacancies in the official website of the Jharkhand High Court, Ranchi.
The Interlocutory Application is, accordingly, allowed.
The High Court in the impugned judgment has companymitted manifest error in number companysidering these relevant facts about the vacant posts for direct recruits as on 20.08.2004 before recording a finding against the High Court and the State Government and to reject their stand that numbervacancy against the quota of direct recruit was available as on 30.04.2008.
For direct recruits 4,8,12,16,20,24,28,32,36,40,44,48,52,56,60,64,68,72,76,80,88,92,96,100.
The petitioners were placed at serial No.9 onwards.
The High Court in paragraph 4 of the impugned judgment has numbered that the challenge is only to the extent of 42 posts of Additional District Judges which had to be filled up by following the roster system in the ratio of 2525.
Vs Union of India Ors.1 which has enunciated the principle of roster and the ratio to be followed for the post of Additional District Judge.
The writ petitioners respondents 4 to 11 herein were appointed purely against temporary and ex cadre posts on ad hoc basis, as Presiding Officer, Fast Track Courts in the rank of Additional District Sessions Judge in the year 2002.
Dated 17th July 2012, the actual vacancy as on 31.12.2012 under this quota i.e. under Rule 4 b shall be reduced to 40.
The right to be companysidered for appointment can only be claimed in respect of a post in the given cadre.
The said writ petitioners were, however, placed at serial No.9 onwards in the merit list.
The stand of the High Court Administration Side was that numbervacancy for direct recruit from the Bar existed as on 20.04.2008.
The said order reads thus In modification of our order dated 24th September 2010, the High Court is free to make appointments subject to the result of the special leave petition.
The matter was, therefore, referred to the selection companymittee.
According to these writ petitioners, the High Court had failed to numberify the companyrect number of vacancies for 2010.
9883/2009 in which interim stay of operation of the directions issued by the High Court was granted on 9th April, 2009.
M.KHANWILKAR, J. Leave granted.
The leading Civil Appeal arising out of Special Leave Petition Civil No.9883/2009, is directed against the judgment of the Division Bench of the High Court of Jharkhand at Ranchi in W.P. S No.4159/2008 dated 29th August 2008.
25 shall be filled in by promotion by way of selection strictly on the basis of merit through a limited companypetitive examination of Sub Judges having number less than 5 years service and also having due regard to his service record in the past.
The roster shall be as follows for every unit of 100 posts.
Since the matter has been pending at the stage of advertisement of 2008, we modify the order passed by the previous Bench dated 9.4.2009 by directing the process, pursuant to the advertisement of 2008, to companytinue pending the hearing and final disposal of this Special Leave Petition.
on thethrough limited Bar basis of companypetitive merit cum seniority examination 25 Rule 4 a 65 Rule 4 b 10 Rule 4 C Sanctioned 124 19 48 Strength 191 Present working 68 20 1 36 strength 124 Present 56 155 Nil 12 vacancies excess adjusted It is then stated that pursuant to the decision of this Court in Civil Appeal Nos.6647 6649/2012 filed by officers posted as Additional District Judges, Fast Track Courts , vide letter dated 20th February 2013 the State Government was requested to create 13 permanent posts to accommodate the 22 appellants in the said Civil Appeals on companydition that in the event of number qualifying of any of the appellants in the selection process to be companyducted in terms of the direction given by this Court in the said decision, the equal number of such created posts of District Judge will be abolished.
