Service Law – Judicial service – Challenge to the appointments in excess of the quota under limited departmental examination – In All India Judges Association & ors. vs Union of India it was specifically directed that there shall be 25% seats reserved for direct recruitment from the Bar, 65% of seats were to be filled up by regular promotion of Civil Judges (Senior division) and 10% for limited departmental competitive exam – All the High Courts were directed to amend rules with effect from 01.01.2011 – In the writ petition filed before the High Court, it was, inter-alia, prayed to cancel the appointments that exceeds 10% of quota of the candidates to appointed through limited competitive examination u/r 5(1)(b) of rules 1994, since 2007 to 2017 exceeds the limit of 10% quota – Writ petition dismissed – On appeal, held: In the instant case, in the year 2017, there were 740 sanctioned posts – 74 seats were to be filled up by limited departmental competitive examination against which 78 posts were filled up by limited departmental examination – Thereafter, further 11 posts were advertised, out of which 5 posts were filled up – The result would be that the posts were filled up by limited departmental competitive examination beyond 10% seats quota for limited departmental competitive examination – As it was directed by Supreme Court, 10% seats were required to be filled up by limited departmental competitive examination w.e.f. 01.01.2011 – Therefore, the High Court has to undertake the exercise from 01.01.2011 adjusting the posts and if any appointments are found to have been made beyond 10% seats in a particular recruitment, the same shall have to be adjusted in future recruitment – So far as challenge to the appointments made in excess of the quota under limited departmental competitive examination since 2007 and the appointments made in the year 2017/2018, no relief can be granted to the original writ petitioners in absence of those selected/appointed candidates – Further, the High Court of Madhya Pradesh directed to act as per the directions issued in the case of All India Judges’ Association – Appeal disposed of.
All India Judges’ Association and Others v. Union of India and Others (2010) 15 SCC 170 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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