Document Fragment View

Matching Fragments

5. With respect to vacancies in the cadre of Civil Judge (Junior Division), the Supreme Court noted that two different selection process had been initiated by the High Court, one against 30 posts for which the advertisement was made on 28.12.2018, and the other against 15 posts by the advertisement dated 31.05.2019 (actually 01.06.2019); the main examination in respect of the 30 posts was scheduled between 12th and 18th September, 2019; and though the Public Service Commission, which was conducting the said selection, had initially stated that they would complete the process by February-March, 2020; they had, by subsequent letter dated 25.07.2019, stated that the selection process would be completed and recommendations send by the Public Service Commission to the Government latest by the end of September, 2019. The State Government was directed to make appointments against the said 30 posts within one month from the date of receipt of the recommendations by the Public Service Commission.

8. The petitioner's grievance, regarding his being deprived of the opportunity to be considered for selection and appointment to these 13 advertised vacancies in the cadre of Civil Judge (Junior Division), cannot be brushed aside as devoid of merit, since he obtained his LL.B degree on 31.07.2019 after the original advertisement dated 01.06.2019 was issued and the last date for submission of applications had expired on 21.06.2019; and, if a fresh advertisement is now issued inviting applications afresh for the 13 posts (for which an errata was issued on 27.08.2019), he would have been eligible to apply and participate in the selection process. However, accepting the contention of the petitioner would require these 13 posts, in the cadre of Civil Judge (Junior Division), to be kept unfilled till a fresh process of selection is undertaken and the process is completed by the Public Service Commission which, past events show, would take a minimum of more than one year.

9. As noted hereinabove, for the advertisement issued on 28.12.2018 more than nine months ago, the process of selection has not yet been completed; and, while the main examination has been held, the results have not yet been declared, and interviews for selection to these 30 posts are yet to take place. The process of selection, from the date on which the advertisement is issued till the State Government makes appointments, takes more than one year to complete. Quashing the errata dated 27.08.2019, and directing the High Court to issue an advertisement afresh inviting applications to fill up these 13 posts, would require these 13 posts, in the Civil Judge (Junior Division) cadre, to be kept vacant for a period in excess of one year.

10
23. While we understand the anguish of the petitioner, and those similarly situated to him, their grievance must be weighed in the context of the problems which the subordinate judiciary in the State of Uttarakhand would face in case a fresh process of selection is undertaken to fill up these 13 posts, which would then require these 13 posts to be kept unfilled for a period of more than one year which is the minimum period which the Public Service Commission takes to complete the process of selection.