Supreme Court - Daily Orders
In Re Central Selection Mechanism For ... vs Union Of India on 10 July, 2017
Bench: Chief Justice, Adarsh Kumar Goel, A.M. Khanwilkar
SMW(C)No.000001/17 1
ITEM NO.301 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SMW(C)No(s).000001/2017
IN RE CENTRAL SELECTION MECHANISM FOR SUBORDINATE JUDICIARY
(THE INSTANT MATTER IS TO BE LISTED ON 10.07.2017 AT 3.00 P.M VIDE
COURT'S ORDER DATED 09.05.2017)
Date : 10-07-2017 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Parties
For UOI Mr.Ranjit Kumar, SG
Mr.R.Balasubramaniam, Adv.
Mr.Prabhas Bajaj, Adv.
Ms.Aarti Sharma, Adv.
Ms.Swarupama Chaturvedi, Adv.
Ms.Beenu Tamta, Adv.
Ms.Rashmi Malhotra, Adv.
Mr.Mukesh Kumar Maroria, AOR
Mr.Shreekant N. Terdal, AOR
For State of Mr.Ajit Kumar Sinha, Sr.Adv.
Jharkhand Mr.Gopal Prasad, Adv.
Ms.Reeta Kumari Gupta, Adv.
For State of H.P. Mr.D.K.Thakur, AAG
Mr.V.K.Sharma, Adv.
For State of Mr.Anil Grover, AAG
Haryana Ms.Noopur Singhal, Adv.
Mr.Sanjay Kr.Visen, Adv.
Mr.Gopal Singh, Adv.
Mr.Manish Kumar, Adv.
Mr.Shreyas Jain, Adv.
Signature Not Verified
Digitally signed by
Mr.Rituraj Biswas, Adv.
SATISH KUMAR YADAV
Date: 2017.07.12
17:51:01 TLT
Mr.Tapesh Kumar Singh, Adv.
Reason:
Mohd.Waquas, Adv.
Mr.Kumar Anurag Singh, Adv.
SMW(C)No.000001/17 2
For State of Mah. Mr.Nishant Ramakantrao Katneshwarkar, AOR
For State of Orissa Mr.Som Raj Choudhury, AOR
Ms.Aruna Mathur, Adv.
Mr.Avneesh Arputham, Adv.
Ms.Anuradha Arputham, Adv.
For M/s Arputham Aruna And Co., AOR
For State of T.N. Mr.M. Yogesh Kanna, Adv.
Ms.Nithya Srinivasan, Adv.
Ms.Mahalakshmi, Adv.
Mr.Parthasarathy, Adv.
For State of J&K Mr.M.Shoeb Alam, Adv.
Ms.Fauzia Shakil, Adv.
Mr.Ujjwal Singh, Adv.
Mr.Mojahid Karim Khan, Adv.
For State of Mr.Edward Belho, AAG
Nagaland Mrs.K.Enatoli Sema, Adv.
Mr.Amit Kumar Singh, Adv.
Mr.K.Luikang Michael, Adv.
Ms.Elix Gangmei, Adv.
Mr.Z.H.Isaac Haiding, Adv.
For UT of Mr.K.V.Jagdishvaran, Adv.
Andaman & Nicobar Mrs.G.Indira, Adv.
Admn. Mr.J.Hillson Angam, Adv.
For State of Mr.Sapam Biswajit, Adv.
Manipur Mr.Naresh Kumar Gaur, Adv.
Mr.Ashok Kr.Singh, Adv.
For State of Mr.Gopal Singh, Adv.
Tripura Mr.Rituraj Biswas, Adv.
For State of Mr.Gopal Singh, Adv.
Bihar Mr.Manish Kumar, Adv.
Mr.Shreyas Jain, Adv.
For Govt. of Mr.V.G.Pargasam, Adv.
Puducherry Mr.S.Prabu Ramasubramanian, Adv.
For State of Mr.V.N.Raghupathy, Adv.
Karnataka
For High Court of Mr.Sanjai Kumar Pathak, Adv.
Meghalaya Mr.Satya Veer Singh, Adv.
For High Court of Mr.Arunav Patnaik, Adv.
Rajasthan Ms.Kanika Singh, Adv.
SMW(C)No.000001/17 3
For State of Goa Mr.Jai A.Dehadrai, Adv.
Mr.S.S.Rebello, Adv.
Ms.Manisha Ambwani, Adv.
Ms.Shivangini Gupta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The instant exercise has been initiated in furtherance of a communication dated 28.04.2017, received from the Department of Justice, Government of India. In continuation of the above communication, the Union of India, as also, all the State Governments (including Union Territories) were duly served. This position stands noticed in the motion bench order dated 09.05.2017. In compliance of the direction given in the motion bench order dated 09.05.2017, 21 different High Courts have submitted their comments. Three of the above High Courts, including the High Courts of Guwahati, Jammu and Kashmir and Punjab and Haryana have sought further time. The High Courts of Andhra Pradesh, Uttarakhand, Kerala and Gujarat have expressed some reservations. So as to effectively conclude the matter one way or the other, the Registrar Generals of the High Courts, who have expressed reservations, may submit details thereof, and such of the High Courts who have sought further time may also finalise their views, and place the same for the consideration of this Court. The above exercise may be carried out, before the next date of hearing.
2. Before parting with this order, we consider it essential to record, that the exercise being carried out by this Court, would not affect the rules and regulations, as are presently in vogue in SMW(C)No.000001/17 4 different States, with regard to appointments. The selection process will also be carried out substantially in consonance with the prevalent rules and in case the regional subject has been provided for under the prevailing rules, an examination may be conducted therefor as well. Even the reservation policy, as it obtains in the different States, shall be maintained.
3. The instant exercise is only for centralising the selection process, so as to make the recruitment a regular recurring feature, which would result in filling up judicial vacancies at the earliest, through a time bound mechanism. Since the process of selection is proposed to be centralised, it would, if implemented, allow a candidate to apply for more than one States, through a singular selection process.
4. Mr.Arvind Datar, learned senior counsel, is appointed as an amicus curiae, to assist this Court. The Registry is directed to furnish the entire paperbook to the learned amicus curiae, within one week from today. Likewise, a similar set be also furnished to Mr.Ranjit Kumar, learned Solicitor General.
5. Post for consideration on 28.07.2017, at 3.00 P.M., unless otherwise notified.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS ASST.REGISTRAR