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Civil · Reportable judgment

Rajendra Kumar Shrivas vs State of Madhya Pradesh & Others

Court
Supreme Court of India
Date
13 March 2023
Case No.
Civil Appeal No. 1514 of 2023
Result
Disposed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 2 S.C.R. 219 : 2023 INSC 211
Supreme Court Reports [2023] 2 S.C.R. 219 : 2023 INSC 211
Headnote

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.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.02.2018 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Petition No. 3190/2018, by which the High Court has dismissed the said writ petition by holding that the original writ petitioners are not entitled to seek a writ of quo warranto, the: original writ petitioner No.1 has preferred the present appeal. 2. Before the High Court, the original writ petitioners prayed for the following reliefs: A. It is, therefore, prayed
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