ORDER : High Court of Kerala : 1. Mr. S.S. Satheesachandran, Registrar General of the High Court of Kerala is present in Court. 2. Pursuant to our order dated September 23, 2008, an affidavit has been filed on behalf of the High Court of Kerala. As per the affidavit, so far as the cadre of District Judge (Direct) is concerned, for the year 2007, there were six vacancies; the written test to fill up the said vacancies was held in October, 2007 and after evaluation the result was announced on September 23, 2008. It is stated that efforts are being made to complete the oral examination at the earliest. As regards the promotion by limited competitive examination (25%), it is stated that no candidate from the feeder cadre of Civil Judge (Senior Division) is eligible for consideration against the said quota. Regarding promotee quota (50%)in the said cadre, it is stated that for the year 2007, there were six vacancies and the said vacancies have been filled up. For the year, 2008 there are 16 vacancies and the process to fill up the said vacancies is on. However, there is no indication as to what steps have so far been taken in this regard. 3. In the cadre of Civil Judge (Senior Division), for the year 2007 all the vacancies are stated to have been filled up. For the year 2008, no details in regard to the vacancy position have been given in the affidavit. In the cadre of Civil Judge (Junior Division), it is stated that as on March 31, 2007, there were 36 vacancies. However, taking into account the period of training that the selected Munsiff Magistrates (Civil Judges, Junior Division) may be required to undergo, 85 vacancies were anticipated and notification was issued on February 15, 2007 accordingly. It is further stated that preliminary examination was conducted on June 17, 2007 and after the written examination and the process of evaluation of the answer sheets, the results were finally published on March 11, 2008 when 212 candidates were selected in terms of Rules 14 to 17 of the KS&SSR, 1958, which are stated to be applicable in the case of recruitment of Munsiff Magistrates. It is further stated that 85 vacancies have since been notified, taking into account the vacancies that are existing and the vacancies that are likely to arise in the near future. It is further stated that 85 vacancies have since been notified, taking into account the vacancies that are existing and the vacancies that are likely to arise in the near future. The High Court has, however, forwarded the list of 212 candidates to the Government to avoid the risk of resorting to special recruitment, keeping the vacancies unfilled in the event of non-availability of the candidates from different communities eligible for appointment under Rules 14 to 17 of KS&SSR, 1958. 4. We have heard Mr. T.L.V. Iyer, learned senior counsel appearing for the High Court. We are of the view that the affidavit has given rise to certain doubts which need to be clarified by the High Court. For instance no information is forthcoming regarding the cadre strength at difference levels of the subordinate judiciary. It is also not clear as to what criteria is adopted to determine the future vacancies, particularly, in the cadre of Civil Judge (Junior Division). 5. Under the circumstances, we direct the High Court to file a further affidavit and furnish information regarding the cadre strength of the subordinate judiciary; when was the cadre strength determined and on what basis, as also the cut-off dates for filling up of all the vacancies. Steps taken for filling up of the existing vacancies in the cadre of District Judges as well as the Civil Judge (Senior Division) for the year 2008 shall also be indicated in the affidavit. Let the requisite affidavit be filed within five weeks. A copy of the relevant Rules shall also be filed with the affidavit. 6. List on December 02, 2008. 7. Personal appearance of the Registrar General of the High Court of Kerala is dispensed with for the time being. State of Jammu & Kashmir: 8. Pursuant to our order dated 29th September, 2008 an affidavit on behalf of the High Court of Jammu and Kashmir has been handed over in Court, wherein it is stated that on 11th October, 2008, the Full Court of the High Court has approved the draft of the Jammu and Kashmir Higher Judicial Service Rules and the said draft Rules have been forwarded to the State Government for approval on 11th October, 2008. A copy of the draft Rules has also been annexed with the affidavit. 9. A copy of the draft Rules has also been annexed with the affidavit. 9. In so far as the vacancy position at different levels of the Subordinate Judiciary is concerned, it appears that no effective steps have so far been taken to fill up six posts of District Judges by direct recruitment. Perhaps the High Court was awaiting the amendment of the Rules, which has now been done. The existing vacancies in this Cadre for the year 2008 are now stated to be nine. Since the Rules have now been amended, let the State Government accord its approval as expeditiously as possible and in any case not later than four months from today. We have no doubt that on issue of Notification of the said rules, the High Court will take steps to fill up the vacancies expeditiously. As regards the recruitment of Civil Judge (Junior Division), it is stated that for the year 2008 by now there are 35 vacancies for which the High Court has already sent requisition to the Jammu and Kashmir Public Service Commission for recruitment. Let the State file an affidavit indicating the steps taken for filling up the said vacancies. The affidavit shall be filed within four weeks from today. I.A. No. 51: The application for impleadment on behalf of the State of Andhra Pradesh is allowed. I.A. No. 52 : 11. Issue notice. 12. Mr. Y. Raja Gopala Rao, learned advocate appears and waives service of notice on behalf of the High Court of Andhra Pradesh and seeks time to file reply affidavit. Let the needful be done within four weeks. I.A...../2008 (State of Haryana): 13. I.A. is allowed.