Subordinate Judiciary Appointments and Infrastructure: Supreme Court issues directions to eight High Courts/States

The Supreme Court today passed extensive directions to various High Courts and State governments in the case concerning appointments to subordinate judiciary and adequacy of infrastructure and manpower in subordinate judiciary..A Bench of Chief Justice Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph which is hearing the case had during the previous hearings taken note of the vacancies in the subordinate judiciary..It had noted that there was a total of 22,036 posts in the subordinate judiciary. Out of these, 5,133 posts were lying vacant..It had, therefore, asked the States and High Courts to submit details about the recruitment process to the subordinate judiciary..It had also sought details of whether the infrastructure and manpower available in the different States is adequate if all the posts that are borne in the cadre are to be filled up..The Court had also requested a number of lawyers to assist the Court as Amicus Curiae..For the States of Uttar Pradesh, Maharashtra, West Bengal, Chhattisgarh, Delhi, and the North-Eastern States, Senior Advocate Shyam Divan had been asked to assist the Court..When the case was taken up for hearing today, the responses of the above States were considered..The Court heard Registrar Generals of respective High Courts and the concerned officers of the State governments and proceeded to pass orders with respect to each State..Uttar Pradesh.Appointments of judges.From the hearing today it emerged that there are more than 1000 posts lying vacant in the subordinate judiciary in the State..In the higher judicial services, 125 posts were advertised on May 10, 2018. The Court directed that the recruitment process with respect to the same should be completed by March 31, 2019..Further, 239 posts were advertised for recruitment on November 12, 2018. The Court ordered that the same be completed and posts filled up by July 31, 2019..Infrastructure.Regarding infrastructure, the Court was critical of the information supplied by the UP government..“We will ensure that 1000 vacancies are filled up. But is there adequate infrastructure and staff for the judges”, Justice Gogoi asked after the Bench was apprised of the shortage in infrastructure facilities..After some strong observations, the Court proceeded to record the following in its order:.“We record the undertaking that the State of Uttar Pradesh is committed to providing necessary infrastructure including courtrooms and residential buildings for judges.”.Support Staff.Amicus Curiae Shaym Divan told the Court that recruitment with respect to 6136 class 3 and class 4 employees is progressing. However, this recruitment is based on the advertisement of September 2016 and would cater only to existing courts/ judges..As regards new judges, the Court was informed that 3495 posts for support staff have been advertised..The Court noted the same and ordered that the recruitment should be completed on or before March 31, 2019..West Bengal.The Court was informed that the appointments to various posts are at an advanced stage. Out of the 23 vacancies which were advertised, the recruitment process for 17 has already been completed..The Court noted the same in its order..However, the Calcutta High Court informed the Supreme Court that there is a serious dearth in infrastructure..The Court was critical of the lack of infrastructure provided to the judiciary by the State government..“We are going to get the Chief Secretary. We are going to pin them down. The State government should tell us when it will provide court houses, accommodation and staff..Is it not the duty of the State to provide houses to judges”, Gogoi J. remarked..It then proceeded to direct the Chief Secretary and Finance Secretary to file affidavits indicating the time it will take to complete the construction of court buildings and residential units which are under construction..The affidavit should also set out details about when the construction of buildings which are proposed to be built but the construction of which is yet to commence, will begin. The affidavits should be filed in two weeks. The matter with respect to West Bengal will be heard on November 29..Chhattisgarh.With regard to Chhattisgarh, the court was told that out of the 72 vacancies in Higher Judicial Services, recruitment process with respect to 62 vacancies is underway. The same will be completed by February 2019..The Court recorded the same in its order..The Court also noted that the recruitment process with respect to the remaining ten vacancies will be initiated soon..Delhi.The Delhi High Court was at the receiving end today too with CJI Ranjan Gogoi once again coming down hard upon the Registrar General of the High Court..The Registrar General today told the court that there are 201 vacancies out of which recruitment process for 100 posts is underway in two different sets..The first set of 50 posts were advertised early this year and the recruitment process with respect to the same will be completed by January 30, 2019..Another set of 50 posts were advertised yesterday and will be filled up by May 2019..The Court recorded the submissions in its order..Regarding the remaining 100 vacancies, the Registrar General told the Court that the same has not been advertised since there is a lack of infrastructure to house the courtrooms..This was, however, not stated in the affidavit submitted by the High Court. CJI Gogoi was unimpressed by the same..“Why have you not indicated the same? When we asked you earlier, you said no infrastructure is needed.”.The fact that there was a gap of nearly a year between advertising of the first set of 50 posts and the second set of 50 posts also did not find favour with Gogoi J..“Why this gap between the first advertisement and the second. The second advertisement was issued yesterday and you are telling us today. You are a judicial officer. This is your family. If you are like this, then how will they (State government) be …..(unclear)”..Regarding the infrastructure, the Court was told that 167 court buildings are needed. The Court was also apprised of the fact that construction was underway with respect to court buildings in four District courts and would be completed by October 2021..The Supreme Court told that it cannot wait for three years for completion of the same..Senior Advocate Dushyant Dave, appearing for Delhi government, told the Court that there is a shortage of funds and the Centre has to pitch in with financial aid..“We are not a State. There is a serious shortage of funds. Funds from Centre has remained static”, he said..The Court told the State that it cannot wait for three years for completion of the buildings. It, therefore, directed the Chief Secretary to file an affidavit indicating the difficulties and possible solutions in this regard..The Court also said in its order that it will consider ad-hoc solutions for infrastructure issues..Assam.The Supreme Court found the recruitment process in the State satisfactory. However, with regard to the infrastructure, it was informed that 37 court buildings would be required on an urgent basis to accommodate judges..The Court, thus, ordered the State to make the necessary infrastructure available..Manipur.It was informed that 5 vacancies of District Judges have to be filled up. The Supreme Court, therefore, ordered the High Court to initiate the recruitment process with respect to the five vacancies and complete it as expeditiously as possible..Regarding infrastructure, it was noted that the judges in the capital city of Imphal were facing difficulties with regard to residence. The court, therefore, ordered the State government to provide accommodation to all judges in the capital city..Meghalaya.The High Court informed the Supreme Court that 18 buildings would be needed to house courtrooms..The Court directed that the construction of the buildings be completed in a time bound manner..During the next hearing, the Court will consider the States of Gujarat, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka and Kerala. This hearing is slated for December 5..Read the order below.