Re: State/High Court of Assam

As per the affidavit, dated 27th January, 2011, filed by the High Court, the vacancy position in the subordinate judiciary is as under:

1. District Judge:

Total vacancies 41 (Actual 29 + Anticipated 12) [direct (16), limited competitive examination (6), and promotion (19).

2. Civil Judge (Senior Division): Total vacancies 31 (Actual 19 + Anticipated 12)

3. Civil Judge (Junior Division): Total vacancies 66 (Actual 35 + Anticipated 31)

It is stated that advertisement for filling up of 16 vacant posts for direct recruits has been issued on 18th January, 2011. Similarly, options for promotion by limited competitive examination have been invited on 12th January, 2011. It is also pointed out that amendment to the Higher Judicial Service Rules, relating to increase of age of superannuation to 60 years is pending consideration with the State Government.

Learned counsel appearing for the State submits that the State Government has made certain suggestions to the recommendations made by the High Court for amendment in the said Rules, but High Courts response thereon has not been received. In fact, a reminder in this behalf has also been issued to the High Court yesterday.

We would request the High Court to expedite the process and ensure that the State Government notifies the amended Rules as expeditiously as practicable and in any case not later than eight weeks from today.

Learned counsel appearing for the High Court states that promotion orders for filling up five posts in the promotee quota for District Judges have already been issued.

As per the affidavit of the High Court, steps for filling up of 57 posts of Civil Judge (Junior Division) have already been initiated on 18th January, 2011. We hope and trust that the selection process shall be completed expeditiously. It is also pointed out by learned counsel for the High Court that orders for promotion of 09 candidates for the post of Civil Judge (Senior Division) have been issued on 21st January, 2011.

Re: States of Arunachal Pradesh/ Meghalaya/Manipur/ Tripura/ Mizoram/ Nagaland

Deferred by three months.

Re: State of Madhya Pradesh

According to the affidavit dated 31st January, 2011, filed by the High court, there are 52 vacant posts in the cadre of District Judge (Direct). It is stated that for filling up of 20 posts, preliminary examination and main examination has been held, but the valuation process has been delayed because of illness of one of the valuers. It is also stated that for filling up of 32 remaining vacancies, steps will be taken after formulation of roster with effect from January, 2011. It is evident that the High Court has not taken effective steps for filling up of all the vacancies as directed in our earlier orders passed from time to time. We expect and hope that all the vacant posts in the cadre of District Judge (Direct) shall be filled up by the High Court within four months. As regards promotions by limited competitive examination, no information about the number of vacant posts and the steps taken for filling up the same has been furnished. We are also not happy to note that for filling up of 11 posts falling in promotee quota/selection grade, no effective steps have been taken after 22nd May, 2010, when the Full Court meeting was held.

We request the Honble the Chief Justice to see to it that all vacancies falling to the share of the promotees are filled up expeditiously and, if necessary, Full Court meeting is convened at the earliest.

As regards filling up of 67 vacant posts in the cadre of Civil Judge (Junior Division), it is stated that recruitment process for filling up of 57 posts has been completed and 48 candidates have been selected, but the letters of appointment are awaited from the State Government.

Learned counsel for the State is not in a position to apprise us about the status of these appointments. We direct that, if the appointment letters have not yet been issued, these shall be issued by the State Government as expeditiously as practicable and in any case not later than four weeks from today.

List for further orders on 10th March, 2011 at 3.00 p.m.

In the meantime, the High Court as well as the State of Madhya Pradesh shall file requisite affidavits furnishing full information/latest status of the vacancies in the subordinate judiciary. On the next date, the Registrar General of the High Court as also the Secretary (Law) shall remain present in Court in person along with all relevant records pertaining to the judicial appointments.

Re: State of Uttarakhand

Neither the State nor the High Court of Uttarakhand are represented.

List on 10th March, 2011 at 3.00 p.m.

In the meantime, the State as well as the High Court shall file affidavit indicating the steps taken for filling up of the vacant posts in the subordinate judiciary. On the next date, the Registrar General of the High Court as also the Secretary (Law) shall remain present in Court in person along with all relevant records pertaining to the judicial appointments.

Re: State of Delhi

List on 10th March, 2011 at 3.00 p.m.

Re. States of Gujarat, Maharashtra, Jharkhand

List on 24th February, 2011 at 2.00 p.m.