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2011 DIGILAW 153 (SC)

Malik Mazhar Sultan v. U. P. Public Service Commission

2011-01-27

D.K.JAIN, H.L.DATTU

body2011
ORDER : Re: State of Rajasthan D.K. Jain and H.L. Dattu, JJ. - As per the status report dated 13.1.2011, filed by the High Court, a fresh recruitment process has to be initiated for filling up the 58 vacant posts (as on 31-12-2010) for selection of District Judges (Direct and Limited Examination). It is stated that the said exercise has been necessitated because of the decision of the Full Court of the High Court cancelling the examination conducted pursuant to the Notification dated 15-4-2010. 2. The learned counsel appearing for the High Court points out that the said decision of the High Court has since been challenged but he is not aware as to whether any stay has been granted restraining the High Court for initiating fresh recruitment process. 3. As regards filling up of vacancies in the Civil Judge (Senior Division) as also in the Civil Judge (Junior Division), it is pointed out by the learned counsel appearing for the State that recommendation for promotion of 60 officers from Civil Judge (Junior Division) to Civil Judge (Senior Division) has been received by the High Court this morning and the same shall be processed and notified within four weeks. Similarly, the names of the selected candidates, forwarded by the State Government on the recommendation of the Public Service Commission, were received back from the High Court on 24-1-2011. The learned counsel has assured is that the appointments shall be notified within four weeks. Re : State of Karnataka 4. Having perused the affidavit dated 14-1-2011 filed by the High Court of Karnataka, we feel that, for the present, no further directions, except to request the High Court to expedite the amendment of the recruitment rules pertaining to the recruitment of Civil Judge (Junior Division), are necessary. Re: State of Jammu and Kashmir 5. As per the affidavit filed by the High court dated 12-1-2011, for filling up 16 vacant posts of District Judges (Direct and Accelerated), the Chief Justice has constituted a committee, and pursuant to the decision taken by the Committee written examination for filling up of 11 vacant posts in the direct quota is scheduled to be held on 12-2-2011/13.2.2011, and for filling up of 4 posts in limited competitive examination quota, the process has to be initiated. The learned counsel appearing for the State submits that limited competitive examination is also likely to be held in the month of February itself. We request the High Court to expedite the process of filling of the vacant posts of District Judges in direct, limited competitive examination as also for the promotees' quota. Re: State of Orissa 6. The learned counsel appearing the High Court prays for some time to file a better affidavit detailing the steps being taken for filling up the vacant posts of District Judges as well as Civil Judges (Junior Division). Let the needful be done within four weeks. In the meantime, we direct the State Government to take steps for making appointments in the cadre of Civil Judge (Junior Division) as expeditiously as possible, preferably within four weeks from today. IAs Nos, 93 and 94 in CA No. 1867 of 2006 7. Admittedly, the issue sought to be raised in the present application is pending adjudication before the High Court on the judicial side. In that view of the matter, we refrain from issuing any direction in these applications. The applications are dismissed accordingly, However, since the issue raised in the present applications pertains to the selection process initiated in the year 2007, we would request the High Court to try to dispose of the pending matters as expeditiously as praticable. It goess without saying that we have not expressed any opinion on the merits of the applications. The cases pending before the High Court shall be considered on their own merit uninfluenced by the dismissal of these applications. IAs Nos. 97 and 98 in CA No. 1867 of 2006 8. Admittedly, the issue sought to be raised in the present applications is pending adjudication before the High Court on the judicial side. In that view of the matter, we are not inclined to entertain these applications. The applications are dismissed accordingly. However, we would request the High Court to dispose of the pending cases on the issue as expeditiously as practicable. It goes without saying that we have no expressed any opinion on the merits of the applications. The matters pending before the High Court shall be considered on their own merits uninfluenced by the dismissal of these applications. IAs Nos. 99-102 in CA No. 1867 of 2006 9. It goes without saying that we have no expressed any opinion on the merits of the applications. The matters pending before the High Court shall be considered on their own merits uninfluenced by the dismissal of these applications. IAs Nos. 99-102 in CA No. 1867 of 2006 9. The learned counsel for the applicants seeks leave to withdraw the applications, stating that the applicants would like to approach the High Court. Accordingly, the applications are dismissed as not pressed. IA. NO. 79 in CA. NO. 1867 of 2006 10. Let the application be listed when the State of Jharkhand is taken up.