Only 10% seats in higher judiciary can be filled up by departmental competitive examination: Supreme Court

The Supreme Court on Monday directed the Madhya Pradesh High Court to comply with its directions issued in the case of All India Judges’ Association and Others v. Union of India as per which the High Courts while filling up posts in the higher judiciary, can reserve only 10 percent seats to be filled up by limited departmental competitive examination [Rajendra Kumar Shrivas v. State of Madhya Pradesh and Others]..A division bench of Justices MR Shah and CT Ravikumar further directed the High Court to examine if the 10 percent quota was breached in any recruitment subsequent to January 1, 2011, and if such breach has occurred, to adjust such posts in future recruitments."The High Court of Madhya Pradesh is hereby directed to act as per the directions issued by this Court in the case of All India Judges’ Association (supra), more particularly directions contained in paragraphs 8 & 9 of the said decision and is directed to see that 10% seats are filled up by limited departmental competitive examination on and from 1.1.2011 and if it is found that in any recruitment subsequent to 1.1.2011, the 10% quota is breached, all such posts shall be adjusted in the future recruitments,'' the Court stated..By way of background, a petition was moved before the Madhya Pradesh High Court stating that even though the Supreme Court in the case of All India Judges’ Association had directed all the High Courts to fill up the posts in the higher judiciary by reserving only 10 per cent seats to be filled up by departmental competitive examination, the Madhya Pradesh High Court exceeded the limit and filled up the posts in the higher judiciary beyond 10 percent quota.Moreover, it was also the case of petitioners that despite the specific direction issued by the Supreme Court directing all the High Courts to see that the existing Service Rules be amended positively with effect from January 1, 2011, the Madhya Pradesh High Court did not amend the rules providing 10 per cent seats to be filled up by limited departmental competitive examination.The Madhya Pradesh High Court dismissed the said plea prompting the appellants to move the Supreme Court. .The top court noted that in the case of All India Judges’ Association, it had directed that there shall be 25 percent seats for direct recruitment from the Bar, 65 percent of seats to be filled up by regular promotion of Civil Judge (Senior Division) and 10 per cent seats by limited departmental competitive examination.The Court had further directed in that judgment that if candidates are not available for 10 percent seats, or are not able to qualify in the examination, then vacant posts are to be filled up by regular promotion in accordance with the service rules applicable.The Court had further directed that all the High Courts should take steps to see that existing service rules be amended positively with effect from January 1, 2011. This Court had also said that if the rules are not suitably amended, the said order shall prevail and further recruitment from January 1, 2011 shall be as per the directions in that judgment.In view of the same, the top court in the present case made it clear that on and from January 1, 2011, only 10 per cent seats are to be filled up by limited departmental competitive examination. It further stated that any appointment beyond 10 percent seats filled up by limited departmental competitive examination shall have to be considered as appointment in excess of the quota.The Court further noted that in the year 2017, there were 740 sanctioned posts, with 74 seats were to be filled up by limited departmental competitive examination against which 78 posts were filled up by limited departmental examination. Thereafter, further 11 posts were advertised out of which 5 posts were filled up. As a result, it would be that the posts were filled up by the High Court by limited departmental competitive examination beyond 10 percent seats quota for limited departmental competitive examination."As observed hereinabove and as directed by this Court, 10% seats were required to be filled up by limited departmental competitive examination w.e.f. 1.1.2011 and any recruitment made from 1.1.2011 onwards. Therefore, the High Court has to undertake the exercise from 1.1.2011 adjusting the posts and if any appointments are found to have been made beyond 10% seats in a particular recruitment, the same shall have to be adjusted in future recruitment," the Court stated.However, with respect to the challenge to the appointments made in excess of the quota under limited departmental competitive examination since 2007 and the appointments made in the year 2017/2018, no relief can be granted to the original writ petitioners in absence of those selected/appointed candidates, the Court said.But the Court nevertheless directed the Madhya Pradesh High Court to act as per the directions issued in the case of All India Judges’ Association and disposed of the appeal..[Read Judgment]