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III. Civil Judge (Junior Division) The note prepared by the learned Amicus Curiae goes to show that the appointment of 213 judicial officers have been made on 17.6.2019. As on date, 17 vacancies exist. However, the High Court has sent the proposal to the Tamil Nadu Public Service Commission (TNPSC) on 5.7.2019 for filling up of 176 posts. The Registrar General has explained the said fact by stating that additional posts have been created in different cadres of the Tamil Nadu Judicial Service and the figure of 176, for which requisition has been sent, has been worked out on that basis. We direct the TNPSC to issue advertisement for the aforesaid 176 posts within two weeks from today and thereafter we direct the completion of the process of selection and appointment in accordance with the schedule within the outer limits of the schedule framed by this Court in Malik Mazhar Sultan (supra), making it clear that the TNPSC and the High Court will make every endeavour to complete the process of selection and appointment as expeditiously as possible.

III. Civil Judge (Junior Division) As against the available vacancies, two different selection process has been initiated, one against 30 posts for which advertisement was made on 28.12.2018 and the other against 15 posts by advertisement dated 31.5.2019. The main examination in respect of the 30 posts is scheduled between 12th and 18th September, 2019 and though, the Public Service Commission, which is conducting the said selection, had initially stated that they would complete the process by February-March, 2020. Mr. Gaurav Agrawal, the learned Amicus Curiae submits that vide subsequent letter dated 25.7.2019 of the Public Service Commission addressed to the Principal Secretary (Law), the Public Service Commission has stated that the selection process would be completed and recommendations sent by the Public Service Commission to the Government latest by the end of September, 2019.

Re: State of Gujarat (High Court of Gujarat) Following officers are present on behalf of the High Court of Gujarat and State of Gujarat:-

(i) Mr. Hasmukhbhai Dalsukhbhai Suthar Registrar General, High Court of Gujarat

(ii) Mr. M.G. Dave, I/C Law Secretary, Govt. of Gujarat I. District Judge/Higher Judicial Service Thirty-two vacancies are available for being filled up against the promotion quota, 24 against the direct recruitment quota and 14 against the quota to be filled up by limited competitive examination. The selection process is presently on in respect of all the vacancies plus 3 further anticipated vacancies, i.e., total 73 vacancies. Taking into account the stage at which the selection process is poised, we order for completion of the process of appointment by promotion against 32/33 posts by the end of September, 2019. So far as the posts to be filled up by direct recruitment and limited competitive examination, the selection process will be completed by the end of November, 2019. The appointments as per the recommendations of the High Court in respect of all categories shall be made by the State Government within 30 days of date of receipt of the recommendations from the High Court.

A peculiar situation has been noticed by the Court in the matter of filling up of the vacancies in the State of Bihar. The lowest cadre, i.e., Civil Judge Junior Division, is facing a shortage of 377 number of posts plus the huge number of anticipated vacancies which are likely to occur by way of promotions. The selection process for 349 posts is presently on and has been directed by the Court to be completed on or before December, 2019. Another selection process for 221 vacancies noticed in the present, will take at least seven months. Even after completion of the aforesaid selection process(es), the selected candidates before being given appointments will have to complete one year mandatory training. In the present order it has been noticed that the total vacancies in the cadre of District Judge is 153 and in the cadre of Civil Judge Senior Division is 272 (145 actual vacancies and 127 anticipated vacancies). Unless there is a movement from the lower cadre to the next higher cadre, the posts vacant in the cadre of District Judge and Civil Judge Senior Division cannot be filled up. If an upward movement is made from the cadre of Civil Judge Junior Division, the said cadre which is already denuded and working with almost 400 officers less would suffer a further shortage. In the circumstances, the promotions from the lowest cadre to next higher cadre and then to the District Judge cadre will have to be made in a phased manner. We, therefore, direct that the selection process for filling up posts in the cadres of District Judge and Civil Judge (Senior Division) may be completed and select list be prepared. The High Court on the administrative side will chalk out an action plan as to in what manner the upward movement of officers commencing from the lowest cadre should be undertaken to cause the minimum disturbance in the Court functioning. Such action plan will be laid before this Court by the High Court on or before 17.09.2019, whereafter further orders will be passed.