SC fixes timelines for appointment in district judiciary in Tamil Nadu, Puducherry

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Synopsis

The top court put separate timelines for filling up vacant posts in the three cadres, after going through a report furnished by the Madras High Court's Registrar General about unfilled vacancies in the district judiciary

The Supreme Court has been informed that out of a sanctioned strength of 1369 judicial officers comprising in the cadre of District Judge, Senior Civil Judge and Junior Civil Judge in the State of Tamil Nadu, there are 327 vacancies, approximately 23% of the sanctioned number.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra fixed separate timelines for filling up vacant posts in the three cadres, after going through a report furnished by the Madras High Court's Registrar General about unfilled vacancies in district judiciary.

"In the cadre of District Judge, out of the sanctioned strength of 349, there are 84 vacancies (the counsel indicates that there are 02 more vacancies which are being added, making a total of 86 vacancies). In the cadre of Senior Civil Judge, out of a sanctioned strength of 364, here are 77 vacancies. In the cadre of Junior Civil Judge, out of a sanctioned strength of 656, there are 166 vacancies," the court noted.

With regard to Junior Civil Judge, the bench recorded that there were 245 vacancies and the main written examination had been held on November 4 and 5, 2023 and the viva-voce would be held on December 11, 2023. 

"The process shall be concluded positively on or before 31 December 2023. Appointment orders shall be issued before the end of February 2024," the bench ordered.

So far as the senior civil judge was concerned, the bench found that the process was awaiting the filling up of vacancies in the cadre of Junior Civil Judges in view of the large number of vacancies in the feeder cadre.

In the cadre of District Judges, the court was informed in the 25% Direct Recruitment—50 vacancies were advertised and the preliminary examination had been concluded. The main written examination is scheduled to take place on December 2 and 3, 2023. The viva-voce is to take place on January 21, 2024. 

"The entire selection process shall be concluded no later than by March 31, 2024," the court ordered.

In the District Judge 65% Promotion Cadre, the bench noted that though there were 17 vacancies, the vacancies had not been filled up immediately due to the vacancies in the feeder cadre.

"The High Court shall proceed to take expeditious steps after the vacancies in the feeder cadre are filled in," the bench said.

The court also told that the counsel would meet the Registrar General of the High Court and the Chief Secretary of the State of Tamil Nadu to facilitate due and proper steps being taken on the infrastructural issues pertaining to the District Judiciary, including the allotment of suitable land as may be identified by the High Court by the concerned Collectors/District Magistrates.

It also sought a report on or before December 7, 2023.

With regard to Puducherry, the court noted that on October 19, 2023, a list of 15 candidates selected had been forwarded to the Chief Secretary. The notification of appointment shall be made on or before December 31, 2023, the court ordered.

It also ordered that the counsel for the state and the high court would meet the Registrar General and the Chief Secretary on infrastructural issues pertaining to the District Judiciary, including the allotment of suitable land, and submit a report to the court on or before December 7, 2023. 

The bench fixed the matter related to the appointment and infrastructure of the district courts arising out of a civil appeal in case of Malik Mazhar Sultan for the States of Jharkhand, Maharashtra and Kerala for next hearing on November 24.

Case Title: Malik Mazhar Sultan & Anr Vs UP Public Service Commission Through its Secretary & Ors