Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Service – Arunachal Pradesh Judicial Service Rules 2006 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judicial Service – Arunachal Pradesh Judicial Service Rules,2006 – Proviso to r.7 – Consideration for regularisation –Respondent Nos.1 to 3 were appointed as Additional DeputyCommissioners with the powers of Additional Sessions Judge, oncontract basis – They were to man Fast Track Courts (FTC) –Respondents claimed for regularisation to the said posts and towork as Additional Sessions Judges, invoking the provisions of r.7of the Rules – However, the Committee consisting of High CourtJudges rejected the claim of the respondents – Thereafter, HighCourt issued advertisement on 31.07.2008 for the post of Districtand Sessions Judge, in which respondent Nos.2 and 3 appearedbut could not qualify and respondent no.1 did not appear – HighCourt took decision on 31.07.2012 to undertake selection processof the FTC Judges in terms of the Brij Mohan Lal (2) case – Noneof the respondents were able to qualify the exam, consequently theirservices were dispensed with – Writ Petition filed by the respondents– High Court set aside the order dispensing the ad hoc services ofthe respondents and directed the State to start the consultationprocess for absorption of respondents – On appeal, held: TheCommittee of High Court Judges was of the opinion that therespondents were not entitled for appointment to the regular cadreof the Higher Judicial Service – The said order was not challengedby the writ petitioners/respondents – Even otherwise, such decisionof the Committee stood vindicated as two respondents who hadappeared in examination vide advertisement dated 31.07.2008 failedto qualify in the selection process and other respondent did notappear, and further all the respondents failed to qualify anothertest which was conducted pursuant to Brij Mohan Lal (2) case –This fact pointed out incompetence of the respondents – Proviso to r.7 of 2006 Rules provided only to ‘consider’ the cases of therespondents for absorption – Cases of the respondents wereconsidered, but they were not found fit for absorption in the regularcadre – The proviso never gave any mandate that the respondentshad to be necessarily absorbed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 392 |
Petitioner | The Gauhati High Court Through The Registrar General |
Respondent | Goto Ete & Others |
SCR | [2018] 10 S.C.R. 261 |
Judgement Date | 2018-04-23 |
Case Number | 4298 |
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