Appointment Of District Judges| Only 10% Seats Can Be Filled By Limited Departmental Competitive Examination- SC
The Supreme Court in an appeal relating to the appointment of District Judges said that only 10% of seats are to be filled up by a limited departmental competitive examination.
The Court was dealing with a matter wherein the Madhya Pradesh High Court had exceeded the quota and filled up the posts in the higher judiciary beyond the 10% quota.
The two-Judge Bench comprising Justice M.R. Shah and Justice C.T. Ravikumar held, “… as per the directions issued by this Court in the aforesaid decision, on and from 1.1.2011, only 10% seats 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.”
The Bench decided the appeal by relying upon its judgment in the case of All India Judges’ Association and others v. Union of India and others (2010) 15 SCC 170.
Advocate Ashutosh Garg appeared on behalf of the appellant while Advocates Mrinal Gopal Elker and Mrinal Elker Mazumdar appeared on behalf of the respondents.
In this case, the appellant was aggrieved with the judgment passed by the M.P. High Court, Jabalpur by which it dismissed a writ petition by holding that the writ petitioners were not entitled to seek a writ of quo warranto. The appellant, therefore, preferred an appeal before the Apex Court.
The appellant sought to call the entire record of the appointments of the quota under limited competitive examination since 2007 and quash the order. It was further prayed to cancel the appointments that exceeded 10% of the quota of the candidates and initiate departmental enquiry against the authority who deliberately disobeyed the Apex Court’s order.
The Supreme Court in view of the above observed, “… 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.”
So far as a challenge to the appointments made in excess of the quota, the Court said that no relief can be granted in absence of those selected or appointed candidates.
“The High Court of Madhya Pradesh is hereby directed to act as per the directions issued by this Court in the case of All India Judges’ Association (supra), more particularly directions contained in paragraphs 8 & 9 of the said decision and is directed to see that 10% seats are filled up by limited departmental competitive examination on and from 1.1.2011 and if it is found that in any recruitment subsequent to 1.1.2011, the 10% quota is breached, all such posts shall be adjusted in the future recruitments”, directed the Court.
Accordingly, the Court disposed of the appeal.
Cause Title- Rajendra Kumar Shrivas v. State of Madhya Pradesh and Others
Click here to read/download the Judgment