The Supreme Court has reiterated that only 10% seats for appointment of district judges are to be filled up by limited departmental competitive examination, beyond which, it will have to be considered “excess in quota”.
A bench of Justices MR Shah and CT Ravikumar made these observations while directing the Madhya Pradesh High Court to act as per the directions issued by it in the case of All India Judges’ Association and Others vs. Union of India and Others, and to ensure that 10% seats are filled up by limited departmental competitive examination on and from January 1, 2011. Breaching this cap, all such posts will be adjusted in the future recruitments.
A writ petition was filed before the MP 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 SC directing all the high courts to see that the existing Service Rules be amended with effect from January 1, 2011, the HC 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.
The top court had also further directed that if the candidates are not available for 10% seats, or qualify 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, the 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.
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