Supreme Court Reprimands Gujarat Govt For Keeping 75 Proposals On Judicial Infrastructure Pending Since 2014

The Supreme Court on Thursday, while hearing the Malik Mazhar Sultan Vs. U.P. Public Service Commission case in which it has taken up the issues concerning the filling up of judicial vacancies in trial courts, reprimanded the State of Gujarat for keeping proposals pertaining to district judiciary pending since 2014.

The amicus curiae in the matter Senior Advocate KV Vishwanath along with Adv Ravi Raghunath had prepared a note based on issues in subordinate judiciary in the State of Gujarat. 

While bringing the notice of the bench to the infrastructural position of district judiciary in the State of Gujarat, Advocate Ravi Raghunath submitted–

"There are total 1524 court halls of which 1360 are judiciary owned, 134 are government owned, and 30 are rented. The High Court has provided a chart setting out 75 proposals related to infrastructure which are pending with the state government from 2014 to 2022. Your lordships may have to direct the state government to give some undertaking on how quickly they can sanction these proposals."

CJI DY Chandrachud enquired why the State had kept proposals pending from 2014. To this, the counsel for the State of Gujarat submitted that the proposals would hopefully be cleared in the budget session this year. CJI DY Chandrachud remarked–

"Why does the State need for Supreme Court to intervene? Keeping proposals pending for 8 years? For your current recruitment, please make sure that the High Court acts immediately. It should not be that the matter is coming up before the Supreme Court and you suddenly start doing things. You must ensure that you do it in a regular consistent manner."

The Law Secretary of the State of Gujarat informed the bench that while 75 proposals for infrastructure have been pending since 2014, 40 would be cleared immediately in budget session of the current year,14 proposals had certain land issues, and 15 proposals had issues which needed to be sorted with the Road Department.

While dictating the order, CJI DY Chandrachud said–

"There is no justification for proposals to be kept pending by State of Gujarat for 8 years. Proper coordination between High Court and the State government would have ensured that proposals are approved timely. Necessary action shall be monitored by Finance Secretary, Law Secretary, and the Registrar General of Gujarat High Court so that an early resolution is possible by 31 March 2023. Affidavit of compliance shall be filed by April 2023."

It was also noted that with regard to residential quarters, out of 1524 strength only 1127 units were available. 214 Judicial officers were residing in rented accommodations and 233 proposals were pending with the State Government. The court directed for the pending proposals to be dealt with by 31 March 2023.

The bench also ordered that the timelines specified in the note relating to district judges be scrupulously observed, and a compliance affidavit be filed by April 30, 2023. As per the note–

1. 52 vacancies in the direct recruitment for district judges (25%) will be notified on 21 March 2023.

2. 9 vacancies out of remaining 24 for appointment of district judges by exams (10%) will be notified on 31 March 2023. Process of recruitment of judges by promotion (65%) to be completed by March 15 and remaining vacancies to be notified on March 31, 2023.

3. The process of recruitment of district judges by promotion is likely to be completed by 15th March. Remaining 57 vacancies will be notified on 31 March 2023.

Case Title: Malik Mazhar Sultan Vs. U.P. Public Service Commission |Civil Appeal No. 1867 of 2006

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