All India Judges Association and Others vs Union of India and Others

Court

Supreme Court of India

Date

19 April 2022

Case No.

I.A No. 89454 of 2021

Result

Allowed

Bench

L. Nageswara Rao, Bhushan Ramkrishna Gavai, Aniruddha Bose

Citation

[2022] 5 S.C.R. 692 : 2022 INSC 446

Headnote

Judiciary – Delhi Higher Judicial service – Appointment – In order dated 21 March 2002 by Supreme Court, it was held that the ratio of 75% appointment by promotion and 25% by direct recruitment to the Higher Judicial Service is to be maintained – Two methods are to be adopted for appointment by promotion, 50% of the total posts are to be filled by promotion on the basis of principle of merit-cum-seniority and remaining 25% on the basis of merit through Limited departmental Competitive Examination (LDCE) for which qualifying service as a Civil Judge (Senior Division) should not be less than 5 years – In order dated 20 April 2010 by Supreme Court, it was held that there is difficulty in finding candidate for LDCE for the 25% post reserved, hence, it is to be reduced to 10% – Interlocutory Applications (I.A) were filed by two judicial officers in the cadre of Delhi judicial services for modifications of orders dated 21.03.2002 and 20.04.2010 passed by Supreme Court and seeking permission to participate in LDCE for promotion to Delhi Higher Judicial service (DHJS) – Another I.A was filed by High Court of Delhi for reducing the minimum qualifying service to 7 years from 10 years for promotion to the DHJS under 25 % quota of LDCE – Held: Purpose for providing the channel of promotion through LDCE was to provide an incentive to the officers to improve and to compete with each other so as to excel and get quicker promotion – Nature of work to be performed by the Civil judge (Junior division) and Civil Judge (Senior division) is the same – Except for the difference in pay scale, there is no difference with regard to powers and duties by the said judges – Therefore, 10% of the cadre strength of District Judges be filled up by LDCE with those candidates who have qualified service of 7 years [(5 years as Civil Judge(Jr. Division) and 2 years as Civil Judge(Sr. Division) or 10 years as Civil judge(Jr. Division)] in regard to the promotion on the basis of merit through LDCE.

The Order of the Court was passed by B. R. GAVAI, J. 1. I.A. No. 89454 of 2021 has been filed by two judicial officers in the cadre of Delhi Judicial Service (hereinafter referred to as “DJS”) namely Ms. Sheetal Chaudhary Pradhan and Dr. Shirish Aggarwal, for modification of the orders dated 21st March 20021 and 20th April 20102 passed by this Court in the present writ petition. I.A. No. 89450 of 2021 has been filed by the same judicial officers seeking permission to participate in the Limited Departmental Competitive Examination (hereinafter referred to as “LDCE”) initiated by the High Cour

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