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44. Indeed, the appellants have referred to their long standing services as FTC Judges. They have left their practice at the Bar. Some of them have become age-barred. Certain judgments have been cited before us in support of the submission that these facts need to be considered and they must be absorbed in the regular services. Brij Mohan Lal-II considers this grievance. Hence, it is not necessary to refer to the cases cited on this point.

45. We have repeatedly referred to Brij Mohan Lal-I and Brij Mohan Lal- II. It is now necessary to see what they lay down. The Eleventh Finance Commission allocated funds for the purpose of setting up of 1734 courts in various States to deal with the long-pending cases. The Finance Commission suggested that States may consider re-employment of retired judges for a limited period since these courts were to be ad hoc courts in the sense that they would not be a permanent addition to the existing courts. The Fast Track Courts Scheme was challenged on various grounds. The said challenge was dealt with by this Court in Brij Mohan Lal-I. This Court issued number of directions in relation to establishment and functioning of FTCs. It was made clear that while making appointments, third preference should be given to direct recruits from the Bar. The following direction is material in this behalf:

“4. The third preference shall be given to members of the Bar for direct appointment in these courts. They should be preferably in the age group of 35-45 years, so that they could aspire to continue against the regular posts if the Fast Track Courts cease to function. The question of their continuance in service shall be reviewed periodically by the High Court based on their performance. They may be absorbed in regular vacancies, if subsequent recruitment takes place and their performance in the Fast Track Courts is found satisfactory. For the initial selection, the High Court shall adopt such methods of selection as are normally followed for selection of members of the Bar as direct recruits to the Superior/Higher Judicial Services.” This Judgment made it clear that FTCs were to be ad hoc courts.

46. The Fast Track Courts Scheme was in operation till 31/03/2011. But thereafter the Union of India took a decision not to continue the financing of the Fast Track Courts Scheme beyond 31/03/2011. Some States decided to continue the Fast Track Courts Scheme and some States decided not to continue it. Several writ petitions were filed thereafter inter alia praying that necessary directions be given to the respondents to extend the Fast Track Court Scheme and release necessary funds for that purpose. Some of the petitioners who were direct recruits claimed absorption in the regular cadre.

48. While dealing with the peculiar situation created by the decision taken by the Union of India to discontinue the Fast Track Courts Scheme, this Court noticed that with the help of funds allotted by the Eleventh Finance Commission, the States have already established the additional courtrooms for FTCs. The relevant aspects were not considered by the Union of India before taking decision to discontinue the Fast Track Courts Scheme but since the policy decision has already been taken and given effect to, this Court made it clear that it was not inclined to strike it down. This Court, however, noted that the Thirteenth Finance Commission had in its recommendations stated that there are 3 crore pending cases in various courts in the country and there is enormous delay in disposing of the cases resulting in immense hardship to people. This Court observed that if the FTC ad hoc direct recruits who have over the years gained a lot of judicial experience are regularized and absorbed in the regular cadre of ADJs in different States, the problem of arrears of cases can be handled to some extent. This Court observed that the Union of India as well as the State Governments of their own extended the Fast Track Courts Scheme till 2010 and thereafter, by another year. The Union of India ultimately took the decision not to finance the Fast Track Courts Scheme w.e.f. 30/03/2011. Even thereafter, a number of States have taken the decision to continue the Fast Track Courts Scheme while retaining the appointees thereto till 2012, 2013 and even till 2016. This Court observed that the cumulative effect of all these factors is that the petitioners have legitimate expectation that either their services would be continued as the Fast Track Courts Scheme would be made a permanent feature of the justice administration in the State concerned or they would be absorbed in the regular cadre. This Court, however, clarified that mere expectation or even legitimate expectation of absorption cannot be a cause of action for claiming the relief of regularization, particularly when the same is contrary to the rules and letters of appointment. While considering the claim of the appointees who were directly appointed as FTC Judges from the Bar for regularization of their services and absorption in the regular cadre this Court observed that the relief of regularization/ absorption cannot be granted to these petitioners in the manner in which they have prayed. They have no right to the post. They did not pass any written competitive examination and were solely appointed on the basis of an interview and, therefore, must now undergo the requisite examination. Making it clear that it had no intention to interfere with the policy decision taken by the Union of India this Court gave certain directions under Article 142 of the Constitution. We may quote the directions which have relevance to this case.