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Synopsis

The Supreme Court has reiterated that, only 10% seats for appointment of district judges are to be filled up by limited departmental competitive examination.

"Any appointment beyond 10% seats filled up by limited departmental competitive examination therefore shall have to be considered appointment excess in quota", a bench of Justices MR Shah and CT Ravikumar has added.

Court made these observations while directing the High Court of Madhya Pradesh to act as per the directions issued by it Court in the case of All India Judges’ Association and Others vs. Union of India and Others, more particularly directions contained in paragraphs 8 & 9 of the said decision, and to see that 10% seats are filled up by limited departmental competitive examination on and from January 1, 2011 and if it is found that in any recruitment subsequent to such date, the 10% quota is breached, all such posts shall be adjusted in the future recruitments.

A wit petition was filed before the High Court to call the entire record of the appointments of the Quota under limited competitive examination since 2007 and pursue it and quash the impugned orders of appointments.

It was the case on behalf of the original writ petitioners that despite the specific direction issued by the Top Court directing all the High Courts to see that the existing Service Rules be amended positively with effect from January 1, 2011, the High Court of Madhya Pradesh did not amend the rules providing 10% seats to be filled up by limited departmental competitive examination.

Notably, in the All India Judges’ Association case, it was specifically directed that from the date of the said judgment, there shall be 25% of seats for direct recruitment from the Bar, 65% of seats are to be filled up by regular promotion of Civil Judge (Senior Division) and 10% seats are to be filled up by limited departmental competitive examination.

Top Court had also further directed that if the candidates are not available for 10% seats, or are not able to qualify in the examination then vacant posts are to be filled up by regular promotion in accordance with the Service Rules applicable.

In the present case, in the year 2017, Supreme court found that there were 740 sanctioned posts, and therefore, 74 seats were to be filled up by limited departmental competitive examination against which 78 posts were filled up by limited departmental examination.

Thereafter, further 11 posts were advertised, out of which 5 posts were filled up. This resulted in posts being filled up by limited departmental competitive examination beyond 10% seats quota for limited departmental competitive examination.

In light of such facts, the Supreme Court ordered thus,

"Therefore, the High Court has to undertake the exercise from 1.1.2011 adjusting the posts and if any appointments are found to have been made beyond 10% seats in a particular recruitment, the same shall have to be adjusted in future recruitment."

Case Title: Rajendra Kumar Shrivas vs. State of Madhya Pradesh and Others