Delhi HC dismisses pleas against Supreme Court regarding appointment of Court Assistants

The Delhi High Court yesterday dismissed as infructuous petitions seeking a writ of Certiorari against the Supreme Court of India for not extending the validity of a panel of 500 candidates for appointment to the posts of Junior Court Assistants..The petitioners had contended that after having extended the validity of the panel twice, the Supreme Court is now trying to fill up further posts by issuing a fresh advertisement, which is prejudicial to the rights, interests and position of the petitioners. It was argued that,.“During the period of two years from March 31, 2014 to March 31, 2016, General Category candidates upto the rank of 424 and Reserved Category candidates upto rank of 475 were given appointment to the post of JCA against the vacancies. The last appointment was made during November, 2015. Thereafter, no candidate from the panel was called for the appointment even though many posts became vacant on the retirement of the old employees.” .The Supreme Court, in its counter affidavit, had stated that in terms of Article 146, the power is conferred on the Chief Justice of India in respect of appointment of officers and servants of the Supreme Court..“Subject to certain conditions prescribed in Article 146, absolute power of recruitment, appointment and control of the staff of the Supreme Court is conferred on the Chief Justice of India. The unequivocal purpose and intention of the framers of the Constitution in enacting Article 146 is that in matters of appointment of Officers and servants of the Supreme Court, Chief Justice of India is the Supreme Authority.” .It was also stated by the Supreme Court that no vacancy of Junior Court Assistant was left for being filled up by way of direct recruitment by the date of closure i.e March 31, 2016..“The panel subsisted for a very limited period and it was not kept open indefinitely and once the panel/ wait list lapses then the left over candidates therein cannot claim appointment by virtue of their inclusion in the panel and fresh recruitment process has to be undertaken.” .Appearing for the petitioners, Advocate RK Saini had submitted that the action of the Supreme Court in not considering the candidates left out of the panel, while the vacancies were still existing, was wholly arbitrary, discriminatory and against the principles of natural justice..Central Government Standing Counsel Kirtiman Singh, in turn argued that mere existence of a name in the panel would not give any right to a person, to seek appointment..The Single Judge Bench of Justice V Kameswar Rao observed that,.“There is no dispute, initially a panel of 500 persons, on merit was created, whose life was kept valid for a period of one year. The appointments were made to the post of JCA from the said panel. But it was noted that there were no posts in the grade of JCA to be filled through open selection. In the absence of any vacancies, the decision not to extend the panel beyond March 31, 2016 is justified.”.While dismissing the petitions as being devoid of any merit, the Bench stated that the mere fact that the names of the petitioners featured in the panel, would not give them a right to seek appointment..Read Judgment:.Click here to download the Bar & Bench Android App