Apex Court Directs Karnataka, Kerala & Jharkhand To Comply with Schedule For Filling Up Of District Judiciary Vacancies
The Supreme Court has directed the States of Jharkhand, Kerala and Karnataka to fill up the vacant posts in the District Judiciary expeditiously and as per the schedule. The bench further directed the Advocate Generals, Finance Secretaries, Law Secretaries, and the Registrar Generals of the States to convene a meeting within three weeks to facilitate expeditious commencement and completion of construction activities in the Court premises.
Further, the Registrar Generals of the High Courts have been directed to monitor the process and submit a compliance report to this Court by April 30, 2024
A bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra heard the matter.
Jharkhand: The Court noting that there are large vacancies pending in the staff of the district judiciary observed that expeditious steps must be taken by the High Court to ensure that the vacancies are filled up. Further directed the State Government to take a final decision on or before December 31 2023 on the proposal of the High Court for the creation of Class III and IV posts as set out above.
“Where the State Government has already granted its sanction for the creation of posts, the High Court shall lay down an expeditious time schedule for the initiation and completion of the recruitment process. Where advertisements have been issued for filling up of vacancies in Class IV posts in the twenty-four districts of the State, the High Court shall monitor through the Registrar General the expeditious conclusion of the process. Likewise, where the results have been published for six districts, the process shall be taken to its logical conclusion expeditiously. For the rest of the eighteen districts, the process which is at various stages of recruitment shall likewise be expeditiously concluded. The process in respect of Class III posts shall be initiated expeditiously and the High Court shall make all endeavour to conclude the process within a time bound schedule”, the order read.
The bench, as per the note submitted by Advocate Gaurav Agrawal, Amicus Curiae, noted that for the direct recruitment of District Judges (25%), eighteen vacancies are to be notified within a period of two weeks so that the recruitment process can commence in terms of the prescribed calendar.
Similarly, twelve vacancies for the post of District Judge (Limited Competitive Examination – 10%) are to be notified within two weeks after which the recruitment process will commence. Further, five vacancies in the post of Civil Judges (Senior Division) are expected to be filled up in three months.
“An advertisement has been issued by the Public Service Commission, Jharkhand to fill up one hundred and thirty-eight vacancies. The Public Service Commission shall expeditiously conclude the exercise, in any event on or before 31 March 2024”, the bench noted.
The Court also requested the Building Committee of the High Court together with other members to periodically review the progress of the construction activities at least once every two months or earlier so that the ongoing constructions are completed expeditiously.
Karnataka: The bench noted the respective time schedules for District Judges- Direct Recruitment [25%], District Judges -Limited Competitive Exam [10%], District Judges - Promotion Quota [65%], Civil Judges - Senior Division, Civil Judges - Junior Division and directed to duly complied with the same.
Kerala: The bench directed that, “The Law Secretary and the Finance Secretary of the State of Kerala shall hold a meeting with the Registrar General of the High Court of Kerala within a period of two weeks and necessary sanction to execute urgent construction/repair/maintenance work in the buildings owned by the Local Self Government Department which are presently accommodating Gram Nyayalayas by utilizing the funds/grants placed at the disposal of the judiciary shall be issued on or before December 31 2023”.
The bench further listed an appeal on December 8, 2023 for considering the position in relation to the NCT of Delhi along with others pertaining to Maharashtra State Judges Association. 2 It requested Senior Advocate Shyam Divan, Amicus Curiae to assist the Court.
Cause Title: Malik Mazhar Sultan & Anr. U.P. Public Service Commission Through Respondent(S) Its Secretary & Ors.
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