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

Held: Minimum qualifying service required to appear in the LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service reduced to 3 years’ service as a Civil Judge (Senior Division) – Total service required to be undertaken, including service rendered as a Civil Judge (Junior Division) and Civil Judge (Senior Division), set at a minimum of 7 years’ service – Purpose behind providing a special quota for LDCE is to enable the meritorious Judicial Officers to get accelerated promotion and enter the Cadre of District Judge at an earlier point of time than other less meritorious candidates. [Paras 40-42, 89] Judiciary – Subordinate judiciary – Promotion of Civil Judge (Junior Division) to the cadre of Civil Judge (Senior Division) – Reservation of quota – Minimum experience as a Civil Judge (Junior Division) – Requirement:

Held: 10% of the posts in the Cadre of Civil Judge (Senior Division) be reserved for accelerated promotion of Civil Judge (Junior Division) candidates through LDCE mechanism – Minimum experience of a Judicial Officer in the Cadre of Civil Judge (Junior Division) for appearing in such an examination should be 3 years – Said system introduced so as to provide incentive at an earlier promotion to the meritorious candidates working in the Cadre of Civil Judge (Junior Division) – Said seats would be filled up through the same mechanism adopted for filling up the vacancies reserved through LDCE for entry into the Cadre of District Judge. [Paras 46, 89]

Judiciary – Subordinate judiciary – Quota reserved for Limited Departmental Competitive Examination-LDCE for promotion of Civil Judge (Junior Division) to the cadre of Civil Judge (Senior Division) – If calculated on cadre strength or number of vacancies occurring in a particular recruitment year: Held: Keeping uniformity in view, quota to be reserved for LDCE to be calculated on the basis of the cadre strength. [Paras 48, 89] Judiciary – Higher judiciary – Promotion to Higher Judicial Services – Promotion of Civil Judge (Senior Division) to the Cadre of District Judges against the existing 65% quota – Suitability test – Requirement:

Held: While providing a rule for determining the suitability of a candidate, it would be relevant to consider factors: whether the candidate possesses updated knowledge of law, quality of judgments rendered by the judicial officer, ACRs of preceding five years, disposal rate in the preceding five years; performance of the judicial officer in viva voce, and general perceptions and awareness as also communication skills – Though every High Court required to frame rules for determining the suitability of a candidate for being promoted to the Cadre of Higher Judicial Service from the Cadre of Civil Judge (Senior Division), no straight-jacket formula can be laid down for the said purpose – In States where rules not framed, such of the High Courts and the State Governments to frame the Rules forthwith – High Courts and the State Governments to also examine, as to whether the Rules already existing are sufficient to determine the suitability of a candidate. [Paras 52, 89] Judiciary – Subordinate judiciary – Post of Civil Judge (Junior Division) – Requirement of minimum three years practice for appearing in the examination of Civil Judge (Junior Division) – If to be restored – Minimum years of practice, to be calculated from date of provisional enrolment/registration or date of passing AIBE:

Held: Candidates desirous of appearing in the examination for the post of Civil Judge (Junior Division) must have practiced for a minimum period of 3 years to be eligible for the said examination – Candidate to produce a certificate either by the Principal Judicial Officer of that Court or by an advocate of that Court having a minimum standing of 10 years duly endorsed by the Principal Judicial Officer of such a District or a Principal Judicial Officer at such a station – Candidates practicing before the High Courts or this Court, to be certified by an advocate who has a minimum standing of 10 years duly endorsed by officer designated by that High Court or this Court – Experience of the candidates which they have gained while working as Law Clerks with any of the Judges or Judicial Officers in the country to be considered while calculating their total number of years of practice – Rules also mandate that the candidates appointed to the post of Civil Judge (Junior Division) pursuant to their selection through the examination must compulsorily undergo at least 1 year of training before presiding in a Court – Number of years of practice completed by a candidate desirous of appearing in the examination for the post of Civil Judge (Junior Division) be calculated from the date of their provisional enrolment/registration with the concerned State Bar Council – Furthermore, the requirement of minimum years of practice not applicable in cases where the concerned High Court has already initiated the selection process for the post of Civil Judge (Junior Division) prior to the date of this judgment and shall be applicable only from the next recruitment process. [Para 81-89] Directions by the Supreme Court – Directions as regards qualification, promotion and selection of candidates desirous of entering the Judicial Services as Civil Judge (Junior Division) or Higher Judicial Service, and promotions at different levels within the Judicial Services:

Held: High Courts and State Governments to amend relevant service rules to effect the quota of reservation for LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service is increased to 25%; minimum qualifying service required to appear in the LDCE for promotion from the cadre of Civil Judge (Senior Division) to Higher Judicial Service be reduced to 3 years’ service as Civil Judge (Senior Division); total service required to be undertaken including service rendered as Civil Judge (Junior Division) and Civil Judge (Senior Division), be set at minimum of 7 years’ service; 10% of the posts in the Cadre of Civil Judge (Senior Division) be reserved for accelerated promotion of Civil Judge (Junior Division) candidates through LDCE mechanism; vacancies for LDCE be calculated on basis of cadre strength; candidates appearing in the examination for the post of Civil Judge (Junior Division) must have practiced for minimum period of 3 years to be eligible for the examination; and number of years of practice completed by candidate appearing in the examination for the post of Civil Judge (Junior Division) be calculated from the date of their provisional enrolment/registration with the concerned State Bar Council. [Para 89]