Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2001 Judicial Service - Higher Judicial Service - Selection process - Selection for the posts of Additional District Judges - Jharkhand Superior Judicial Services (Recruitment Appointment and Conditions of Services) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Judicial Service - Higher Judicial Service - Selection process - Selection for the posts of Additional District Judges - c Jharkhand Superior Judicial Services (Recruitment, Appointment and Conditions of Services) Rules, 2001 - rr. 5 and 8 - Bifurcation of posts as per roster system pursuant to amended rules - In terms whereof, 50% of the posts to be filled up by promotees on the basis of merit-cum-seniority - Remaining 50% posts to be bifurcated D equally, i.e. 25% by way of selection through Limited Competitive Examination and 25% by direct recruitment from the Bar - Selection process initiated in August 2008 for filling up posts of ADJs by promotion through Limited Competitive Examination - Challenge to - High Court held that since 50% of the posts were already filled up by promotees on merit-cum-seniority basis, the left over 50% E vacancies should be filled by promotion through Limited Competitive Examination and by the direct recruits in equal proportion - 011 appeal, held: Amended Rules providing for the ratio to be maintained between the promotees and direct recruits became effective on 20'" August 2004 and had prospective application - In F terms of the consistent stand of the State Government and the affidavit filed by High Court (Administrative Side), it is clear that the notification for filling up posts of ADJ by promotion issued in 2008 was on the basis that no vacancy against the posts of direct recruit quota was available - High Court committed manifest error in not considering these relevant facts as to vacant posts in relation G to direct recruit quota - Distinction between "post" and "vacancy" overlooked by High Court - Once it is found that no vacancy against the quota of direct recruilment was available at the relevant time, private respondents who were eligible to participate in the selection process through direct recruitment alone and not by promotion, hadno locus to challenge the 2008. selection process - Resultantly, 2008 selection process held to be proper and final - Judiciary. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 1030 |
Petitioner | Srikant Roy & Ors. |
Respondent | State Of Jharkhand & Ors. |
SCR | [2016] 11 S.C.R. 58 |
Judgement Date | 2016-11-16 |
Case Number | 10874 |
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