Appoint staff in conformity with Articles 14 & 16 – Supreme Court tells High Courts; Narasimha appears as amicus

In a significant judgment delivered on February 12, the Supreme Court has directed all High Courts in the country to re-examine the statutory rules dealing with the appointment of staff in the High Courts and subordinate courts. The Apex Court has said that these appointments should be made in consonance with the provisions of Articles 14 and 16 of the Constitution..The judgment was delivered by a 3 judge Bench headed by Justice BS Chauhan and comprising Justices Jasti Chelameswar and MY Eqbal. Senior Advocate PS Narasimha served as the amicus curiae in the case..The matter related to the appointment of Class IV employees in the courts subordinate to the Delhi High Court. A dispute had arisen about the continuity of the employees appointed on ad-hoc basis for 89 days which had been extended from time to time. The matter reached the Delhi High Court and ultimately the Supreme Court..The Court refused to go in to the individual issue in the instant case. However, it “took up the matter in a larger perspective taking cognizance of the complaints regarding irregularities and illegalities in the recruitments of staff in the subordinate courts” in the country..Holding that “the appointments in judicial institutions must be made on the touchstone of equality of opportunity enshrined in Article 14 read with Article 16 of the Constitution of India” the Court also went on to state that,.“The judiciary which raises a finger towards actions of every other wing of the society cannot afford to have this kind of accusations against itself…….Rule of law is the basic feature of the Constitution. There was a time when Rex was Lex. We now seek to say Lex is Rex. It is axiomatic that no authority is above law and no man is above law.”.Holding that the High Court is a constitutional and an autonomous authority subordinate to none and that the purpose of hearing this case was only to advise the High Courts, the Court proceeded to direct all the High Courts to re-examine the statutory rules dealing with the appointment of staff in the High Courts and the subordinate courts and to bring it in consonance with the provisions of Articles 14 and 16..The Court also held that all vacancies in the High Courts and the subordinate courts should be filled up in strict compliance with the statutory rules and any appointment made in contravention of the statutory rules would be void ab-initio. It further directed that all posts should be filled up by issuing advertisement in at least two newspapers, one of which is in vernacular language, having wide circulation in the concerned State..Read the full judgment below:.Renu & Ors. v. District & Sessions Judge, Tis Hazari & Anr.