District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court

A Bench comprising Justice MR Shah and Justice CT Ravikumar further directed the High Court to see if the 10% quota was breached in any recruitment subsequent to 1.1.2022 and if so, stated, all such posts were to be adjusted in the future recruitments.

A writ petition was filed before the Madhya Pradesh High Court claiming that though in All India Judges’ Association And Ors. v. UoI And Ors (2010 judgment), the Apex Court had directed the High Courts to fill up posts in the higher judiciary by reserving 10% seats which were to be filled up by limited departmental competitive examination, the Madhya Pradesh High Court had exceeded the quota. Moreover, the High Court did not amend its Service Rules as was directed to be amended with effect from 1.1.2011. The High Court dismissed the plea noting that the petitioners were not entitled to seek a writ of quo warranto. The order of the High Court was impugned before the Supreme Court.

The Division Bench of the Supreme Court noted that in All India Judges’ Association And Ors. v. UoI And Ors. the Apex Court had directed that in the higher judiciary there ought to be 25% seats for direct recruitment from the Bar; 65% seats are to be filled up by regular promotion of Civil Judge; and 10% seats by limited departmental competitive examinations. It had further directed that, in case the 10% seats could be filled by limited departmental competitive examinations for any reason whatsoever, the vacant posts were to be filled up by regular promotion as per the Service Rules. In view of the same, directions were issued to the High Court to amend the Service Rules with effect from 1.1.2022. It had also added that, if the Rules were not suitably amended then the directions issued by the Apex Court would prevail with respect to recruitments beyond 1.1.2011. The Bench observed that in view of the directions passed in the 2010 judgment only 10% of the seats could be filled up by the limited departmental competitive examination.

Considering the facts of the present case, the Bench noted that in 2017, 740 posts were sanctioned and therefore as per the 2010 judgment 74 seats could have been filled up by limited departmental examination. However, 78 seats were filled up by the said mode. Thereafter, 11 more posts were advertised and 5 were filled up. Thus, the High Court had surpassed the 10% quota for seats to be filled up by limited departmental examination. Noting that the writ petitioners are not the selected/appointed candidates for the year 2017 and their locus was opposed by the High Court, the Bench stated that no relief can be granted to them.

Case details

Rajendra Kumar Shrivas v. State of Madhya Pradesh And Ors.| 2023 LiveLaw (SC)181   |Civil Appeal No. 1514 of 2023| 13th March, 2023| Justice MR Shah and Justice CT Ravikumar

Citation : 2023 LiveLaw (SC) 181

District Judges Appointments- Higher Judiciary- Supreme Court directs the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. v. UoI And Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination- directed the High Court to see if the 10% quota was breached in any recruitment subsequent to 1.1.2022 and if so, stated, all such posts were to be adjusted in the future recruitments.