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2009 DIGILAW 299 (SC)

MALIK MAZHAR SULTAN v. UTTAR PRADESH PUBLIC SERVICE COMMISSION

2009-02-12

J.M.PANCHAL, K.G.BALAKRISHNAN, P.SATHASIVAM

body2009
ORDER IA No. 44 of 2008 1. This application has been filed by the West Bengal Judicial Service Association. It is stated that there are large number of vacancies of Civil Judge (Senior Division) and the promotions are not being effected by the High Court. 2. Counsel appearing for the High Court of Calcutta states that the rules for promotion to the post are to be amended and the amendment rules are already forwarded to the State Government for notification and the same have not yet returned/approved resulting in the delay in giving promotions to the eligible officers. 3. The High Court is directed to take decision regarding promotions as per the existing rules subject to any revision that may be passed. 4. IA No. 44 is disposed of. IAs Nos. 47 and 48 5. The applicants are permitted to withdraw the IAs with liberty to approach the High Court for appropriate relief. 6. IAs Nos. 47 and 48 are dismissed as withdrawn. IAs Nos. 49-50 7. The applicants are permitted to withdraw the IAs with liberty to approach the High Court for appropriate relief. 8. IAs Nos. 49-50 are dismissed as withdrawn. IA No. 56 9. Issue notice to all the States and the High Courts. 10. Counter-affidavit to be filed within four weeks. IA No. 52 11. The applicant alleges that there are large number of vacancies in the cadre of District Judges including Fast Track Courts and Civil Judge (Senior Division). 12. We request the High Court to fill up the vacancies of Civil Judge (Senior Division) as well as the vacancies in the cadre of District Judges within reasonable time. 13. IA is disposed of. IAs Nos. 63 and 64 14. Issue notice. IA No. 57 15. Issue notice. IA No. 60 and WPs (C) Nos. 39 and 40 of 2009 16. The Public Service Commission had initiated steps to fill up 78 vacancies of Civil Judge (Junior Division) pursuant to the request made by the High Court of Punjab and Haryana and on 14-9-2008 a Notification was issued by the Haryana Public Service Commission. There were about 6000 candidates who appeared for the preliminary examination which was held on 16-11-2008 and the result was also published by the Public Service Commission and the candidates have to appear for tinal selection. There were about 6000 candidates who appeared for the preliminary examination which was held on 16-11-2008 and the result was also published by the Public Service Commission and the candidates have to appear for tinal selection. Meanwhile, the High Court after consultations with the Government of Haryana and the Public Service Commission decided that further process of selection would be held at the instance of the High Court and the Public Service Commission jointly. 17. The High Court has now constituted a committee and the Committee will set up the question papers which will be valued and thereafter followed by interview wherein three Judges nominated by the Chief Justice of the Punjab and Haryana High Court and three members of the Public Service Commission would participate. 18. In Writ Petitions (C) Nos. 39 and 40 of 2009, the petitioners allege that the process of recruitment had already been initiated by the Public, Service Commission as per Article 235 of the Constitution of India and as per the Punjab Civil Service (Judicial Branch) Rules, 1951 (as applicable to the State of Haryana) and it is submitted that the recruitment had already been started on the basis of the Rules. The same can be continued under the said Rules and any deviation would be against the decision of this Court in Hemani Malhotra v. High Court of Delhil and other cases and the writ petitioners pray that the Haryana Public Service Commission alone has got the authority to continue the further selection process. 19. We are not inclined to interfere with the process of selection as the Public Service Commission is also involved in the process of selection. The final recruitment would take place on the basis of the joint consultation with the High Court of Punjab and Haryana, representatives of the State and the Haryana Public Service Commission as per the decision dated 22-12-2008. As large number of posts are still lying vacant, we request the High Court as well as the Haryana Public Service Commission and the State Government to complete the process of selection at the earliest. The order dated 11-5-2007 is modified to the extent indicated above. 20. The application as well as the writ petitions are disposed of accordingly. IA No. 65 21. Issue notice. 22. Three weeks' time is granted for filing reply on behalf of the State of Kerala and the High Court. 23. The order dated 11-5-2007 is modified to the extent indicated above. 20. The application as well as the writ petitions are disposed of accordingly. IA No. 65 21. Issue notice. 22. Three weeks' time is granted for filing reply on behalf of the State of Kerala and the High Court. 23. The registrars General/Registrars of the High Courts of Andhra Pradesh, Jharkhand, Delhi and Kerala or any officer in charge of the selection/appointment of judicial officers shall be present with relevant records of the High Court concerned on the next date of hearing. 24. List on 18-3-2009. Court Masters