43485 OF 1998.
97 OF 2000 AND 460 OF 99.
ALL THE WRIT PETITIONS WERE HEARD TOGETHER AND WERE DISPOSED OF BY A COMMON JUDGMENT DATED 30TH JUNE, 1998.
444 OF 2000 AND THIS HAS BEEN FILED BY A PROMOTEE WHO HAD BEEN PROMOTED TO THE HIGHER JUDICIAL SERVICE UNDER RULE 22 3 OF THE RULES AND WHO HAS BEEN WORKING AS ADDITIONAL DISTRICT JUDGE SINCE 25.1.2000.
CIVIL APPEAL NOS.
IT HAS BEEN ALLEGED IN THE AFORESAID WRIT PETITION THAT THE HIGH COURT HAD COMMITTED A SERIOUS MISTAKE IN CALCULATING AND FINDING OUT THE NUMBER OF VACANCIES AVAILABLE IN A GIVEN RECRUITMENT YEAR, AND SUCH ERRONEOUS CALCULATION HAS CAUSED GROSS INJUSTICE TO THE PROMOTEES.
ANOTHER ADVOCATE, MS.
BY THE SAID JUDGMENT THE HIGH COURT DECLARED THE RECOMMENDATION OF THE SELECTION COMMITTEE DATED 2.11.1995 AND THE RESOLUTION DATED 18.11.1995, TO BE INVALID AND CAME TO THE CONCLUSION THAT THOSE 13 POSTS COULD BE FILLED UP ONLY BY DIRECT RECRUITMENT.
1657 OF 2001.
IN FACT THE REPORT OF THE SELECTION COMMITTEE WAS UNDER CONSIDERATION OF THE FULL COURT ON THAT VERY DATE.
394 OF 1994.
THE PERSONS WHO COULD NOT BE SELECTED FOR BEING APPOINTED WITHIN THE NUMBER OF VACANCIES NOTIFIED, FILED WRIT PETITIONS IN THE LUCKNOW BENCH OF THE ALLAHABAD HIGH COURT, 11 IN ALL, ALLEGING ANOMALIES IN THE PROCESS OF RECRUITMENT TO THE HIGHER JUDICIAL SERVICE AND CONTENDING INTER ALIA, THAT THERE HAS BEEN AN EXCESS RECRUITMENT FROM THE PROMOTION QUOTA WHICH OUGHT TO HAVE BEEN GIVEN TO THE DIRECT RECRUITS, AND AS SUCH, CONVERSION OF POSTS MEANT FOR DIRECT RECRUITS FOR BEING FILLED UP BY PROMOTEES MUST BE HELD TO BE ILLEGAL AND THE PROMOTION, THUS MADE SHOULD BE STRUCK DOWN.
1658 62 OF 2001, 1663 OF 2001, 1664 68 OF 2001 AND THIS WRIT PETITION, RELATE TO THE RECRUITMENT OF THE YEAR 1992.
29617 OF 1998, ASSAILING THE VALIDITY OF THE RESOLUTION OF THE FULL COURT WAS DISMISSED ON THE VERY SAME DAY I.E. ON 24.3.1999, WHICH ORDER IS THE SUBJECT MATTER OF CHALLENGE IN CIVIL APPEAL NO.
3485 OF 1992, IS THE SUBJECT MATTER OF CHALLENGE IN CIVIL APPEAL NO.5908 OF 1997 AT THE BEHEST OF THE PROMOTEE CANDIDATES.
THE ADVERTISEMENT, HOWEVER, INDICATED THAT THERE COULD BE VARIATION IN THE NUMBER OF VACANCIES.
1664 1668/2001, P. C 444/2000 AND W.P. C 203 OF 2001.
WRIT PETITION NO.
IT WAS PRAYED IN THE AFORESAID WRIT PETITION THAT THE APPOINTMENTS MADE OF RESPONDENTS NOS.
SUMAN GUPTA, ALSO FILED A SIMILAR PETITION UNDER ARTICLE 32, WHICH WAS REGISTERED AS WRIT PETITION NO.
THE AFORESAID RESOLUTION OF THE FULL COURT WAS ASSAILED IN TWO WRIT PETITIONS WHICH WERE REGISTERED AS CIVIL MISC.
THE PROMOTEE APPOINTEES, HOWEVER, WERE ALLOWED TO BE CONTINUED ON AD HOC BASIS TILL THE FULL COURT TOOK A FINAL DECISION ON THE MATTER.
2830 OF 1998 AND CIVIL MISC.
1663 OF 2001 AND CIVIL APPEAL NOS.
AN IDENTICAL WRIT PETITION FILED BY ONE AVINASH KUMAR SHARMA, WHICH WAS REGISTERED AS WRIT PETITION NO.
THE FULL COURT RESOLUTION OF ALLAHABAD HIGH COURT DATED 11.7.1998 WAS ALSO CHALLENGED IN THIS COURT BY FILING APPLICATION UNDER ARTICLE 32 OF THE CONSTITUTION, WHICH HAS BEEN REGISTERED AS WRIT PETITION NOS.
259 OF 1990 AND WRIT PETITION CIVIL NO.
3 TO 26, WHICH WERE IN EXCESS OF 5 ADVERTISED VACANCIES SHOULD BE QUASHED AND THE HIGH COURT SHOULD BE COMMANDED TO ISSUE A FRESH ADVERTISEMENT IN RESPECT OF THE INCREASED VACANCIES IN THE QUOTA OF DIRECT RECRUITMENT.
BOTH THESE WRIT PETITIONS WERE DISMISSED BY THE ORDER DATED 24.3.1999, AND THE SAID JUDGMENT OF DISMISSAL IS THE SUBJECT MATTER OF CHALLENGE IN CIVIL APPEAL NO.
FOR THE RECRUITMENT YEAR COVERING THE PERIOD 1992 TO 1994 AN ADVERTISEMENT WAS ISSUED IN JUNE 1996 INVITING APPLICATIONS FOR RECRUITMENT AGAINST 19 VACANCIES IN THE HIGHER JUDICIAL SERVICE OUT OF WHICH 10 WERE EAR MARKED FOR GENERAL CANDIDATES, 4 FOR SCHEDULED CASTES AND 5 FOR OBCS.
FIVE WRIT PETITIONS WERE FILED BY PERSONS CLAIMING DIRECT RECRUITMENT IN THE HIGH COURT CONTENDING, INTER ALIA THAT THE HIGH COURT HAD NOT PROPERLY CALCULATED THE NUMBER OF VACANCIES AVAILABLE FOR DIRECT RECRUITMENT AND THAT ON A PROPER AND TRUE INTERPRETATION OF RULE 8 READ WITH RULE 6, THERE EXISTED SEVERAL VACANCIES WHICH HAD NOT BEEN TAKEN INTO CONSIDERATION IN MAKING THE DETERMINATION.
IN VIEW OF THE REQUEST OF THE FULL BENCH OF ALLAHABAD HIGH COURT IN ITS JUDGMENT DATED 30.6.98, THE FULL COURT OF ALLAHABAD HIGH COURT IN ITS MEETING DATED JULY 11, 1998, CONSIDERED THE OBSERVATIONS AND REQUESTS OF THE FULL BENCH AND RESOLVED THAT THE 13 LEFT OVER VACANCIES OF DIRECT RECRUITS WOULD NOT BE FILLED UP FROM OUT OF THE APPLICANTS IN THE PREVIOUS RECRUITMENT PROCESS OF 1990, AS BY THAT DATE THE RECRUITMENT PROCESS FOR 1996 HAD ALREADY COMMENCED AND WAS ALMOST COMPLETE.
THE APPELLANTS ARE PERSONS EMPANELLED AND CLAIM TO BE APPOINTED AGAINST THE DIRECT RECRUITS QUOTA.
ACCORDING TO THE APPLICANTS, THEIR NAMES HAVING BEEN APPROVED AND RECOMMENDED BY THE FULL COURT THEY WERE ENTITLED TO BE APPOINTED, AND NOT SENDING THEIR NAMES TO THE GOVERNOR UNDER RULE 18 4 WAS AN INFRACTION OF ARTICLES 14 AND 16 AND APPROPRIATE DIRECTIONS SHOULD BE ISSUED.
YET ANOTHER WRIT PETITION HAS BEEN FILED BY TWO PERSONS MUNNA LAL AND MEHI LAL UNDER ARTICLE 32 OF THE CONSTITUTION CLAIMING INTER ALIA THAT WHILE CALCULATING THE VACANCIES POSITION AND POSTS MEANT FOR DIRECT RECRUITMENT THE HIGH COURT HAD COMMITTED ERROR IN NOT TAKING INTO ACCOUNT THE VACANCIES LIKELY TO OCCUR IN THE NEXT TWO YEARS.
THE FULL COURT WAS ALSO REQUESTED TO CONSIDER THE QUESTION AS TO HOW 13 POSTS, MEANT FOR DIRECT RECRUITMENT COULD BE FILLED UP.
WRIT PETITION NO.
THE AFORESAID 3 CASES, THEREFORE, RELATE TO THE RECRUITMENT MEANT FOR THE YEAR 1988.
THE DECISION OF THE HIGH COURT OF ALLAHABAD HAS BEEN ASSAILED IN CIVIL APPEAL NOS.
1663/2001, C.A.NOS.
1669 1680/2001, W.P. C 97/2000, C.A. NOS.
C 592/94, C.A. NO.
ON 30TH MARCH, 1992, AN ADVERTISEMENT WAS PUBLISHED FOR APPOINTMENT TO THE HIGHER JUDICIAL SERVICE BY DIRECT RECRUITMENT AND THE TOTAL NUMBER OF VACANCIES INDICATED THEREIN WAS 6.
1669 1680 OF 2001 ARE THE APPEALS AGAINST THE AFORESAID JUDGMENT OF THE FULL BENCH OF THE ALLAHABAD HIGH COURT.
1656 OF 2001.
THE AFORESAID 5 WRIT PETITIONS STOOD DISPOSED OF BY A COMMON JUDGMENT DATED 10TH MAY, 2000 WHEREUNDER THE HIGH COURT CAME TO HOLD THAT IN FACT 31 VACANCIES WERE AVAILABLE FOR BEING FILLED UP BY DIRECT RECRUITS OUT OF WHICH 8 VACANCIES WERE TO BE FILLED UP FROM OBC CANDIDATES AND 7 FROM SCHEDULED CASTES CANDIDATES AND 16 FROM GENERAL CANDIDATES.
1658 62 OF 2001.
THE SELF SAME JUDGMENT OF THE ALLAHABAD HIGH COURT DATED 10TH MAY, 2000, IS ALSO THE SUBJECT MATTER OF CHALLENGE IN CIVIL APPEAL NO.
1664 68 OF 2001.
THE WRIT PETITION THAT HAD BEEN FILED BEFORE ALLAHABAD HIGH COURT IN THE YEAR 1992, BY THE PROMOTEES, CAME TO BE DISPOSED OF ON 11.2.1994 AND THE SAME WAS DISMISSED AS HAVING BECOME INFRUCTUOUS AS BY THAT DATE THE NAMES OF THE APPLICANTS WHO HAD FILED THE WRIT PETITION, HAD BEEN SENT TO THE GOVERNOR BY THE HIGH COURT FOR BEING PROMOTED, AND THE COURT, THEREFORE, THOUGHT THAT NO CAUSE OF ACTION SURVIVED.
394 OF 1994, ASSAILING THE POWER AND AUTHORITY OF THE SELECTION COMMITTEE TO INCREASE THE NUMBER OF DIRECT RECRUITS, THE DECISION OF THE FULL COURT OF ALLAHABAD HIGH COURT DATED 25.7.1992, RECOMMENDING THE NAMES OF THOSE SELECTED AS WELL AS THE NOTIFICATION ISSUED BY THE STATE GOVERNMENT DATED 13.4.1994, APPOINTING 24 DIRECT RECRUITS IN THE CADRE OF HIGHER JUDICIAL SERVICE.
1658 1662/2001, C.A. NO.
THIS ORDER OF THE ALLAHABAD HIGH COURT DATED 11.2.1994, PASSED IN CIVIL MISC.
BISHAMBER SINGH, AN ADVOCATE, WHO WAS ENTITLED TO APPLY FOR A POST IN THE HIGHER JUDICIAL SERVICE, TO BE FILLED UP BY DIRECT RECRUITMENT FILED A PETITION UNDER ARTICLE 32 WHICH WAS REGISTERED AS WRIT PETITION NO.
1656/2001, C.A. 1657/2001, W.P. C 460/1999, C.A.NOS.
JUDGMENT PATTANAIK, J. THIS BATCH OF CASES DEALS WITH THE DISPUTE BETWEEN THE DIRECT RECRUITS AND THE PROMOTEES IN THE CADRE OF U.P. HIGHER JUDICIAL SERVICE COMPRISING OF POSTS BORNE IN CLASS I. U.P. HIGHER JUDICIAL SERVICE RULES, 1975 HAVE BEEN FRAMED IN EXERCISE OF POWERS CONFERRED BY THE PROVISO TO ARTICLE 309, READ WITH ARTICLE 233 OF THE CONSTITUTION BY THE GOVERNOR IN SUPERSESSION OF THE EARLIER RECRUITMENT RULES OF 1953.
WHILE THE SAID WRIT PETITION WAS PENDING IN ALLAHABAD HIGH COURT, THIS COURT DISPOSED OF WRIT PETITION CIVIL NO.
THE ESSENTIAL GROUND OF CHALLENGE WAS THAT THE ADVERTISEMENT HAVING BEEN ISSUED ONLY FOR 5 VACANCIES, AND RECRUITMENT PROCESS HAVING ALREADY STARTED FOR FILLING UP THOSE ADVERTISED VACANCIES, IT WAS NOT OPEN FOR THE SELECTION COMMITTEE TO ENTER INTO A PROCESS OF CALCULATION AND ENHANCE THE NUMBER OF PERSONS TO BE RECRUITED BY DIRECT RECRUITMENT AND THE FULL COURT WAS NOT ENTITLED TO APPROVE THE SAME.
1304 OF 1988 ON 23RD APRIL, 1991 IN THE CASE OF P. GARG ORS.
WRIT PETITION NO.
592 OF 1994 FOR SIMILAR RELIEF AS PRAYED FOR IN WRIT PETITION NO.
ALL THESE CIVIL APPEALS VIZ.
IT IS CONTENDED THAT SUCH PROCEDURE DEBARRED MANY ASPIRANTS LIKE THE PETITIONER, FROM AVAILING OF THEIR CHANCES OF BEING APPOINTED TO ANY OF THOSE POSTS MEANT FOR DIRECT RECRUITMENT.
