1 5 460 V 1 OF 2008 etce 1 t IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHUVDIGARH 4 e 1 1 DATE OF DECISION 20 Se2011 1eCWP No11970f2009 e t4 1 NiranjanSingh C eeePetitioner 91 0 Il C0 VERSUS 1 I State of Haryanaand others C5 2CWP Noe3584of2008 Z Neha Yadav m eeePetitioner I VERSUS C0 The State ofHaryanaand others Z e e Ol 3eCWP N0S738 of2009 1v SandeepSinghSihagand others Z eeePetitioners 1 CL VERSUS Stateof Haryanaand others Respondents 1 4eCWP Noe271of2010 v 1 e aljinder Singh J eeePetitioner VERSUS State ofHaryanaand others m a 1 6P Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 11 461 V4 CWP N003584OF 2008etce 2 r 5eCWP Noe16118of2009 V Pradeep Yadav eeePetitioner 4 1 VERSUS State ofHaryanaand others e e 6eCWP No15455 of2009 1 1 0 SanjeevTinjan 0 I eeePetitioner C40 VERSUS State ofHaryanaand others Z m a 2 7eCWP N0e1822of2009 Arvind Kumar I eeePetitioner C0 Z VERSUS QO StateofHaryanaand others a e e Z 8eCWP Noe20315of2008 1 a Abhishek Goya3nd others i eeePetitioners VERSUS State ofHaryanaand others e4 e e 9eCWP Noe21821of20081 Mukesh Yadav eeePetitioner VERSUS e 4U Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1 462 1 CWP N03584 OF 2008etce 3 4 1 State ofHaryanaand others 1 e e 10CWP Noe1236of2009 Nitin PratapSingh 4 eeePetitioner 1 VERSUS j State ofHaryanaetce e e Ie 0 1 0 I CORAM C5 HONBLE MReJUSTICE PERMOD KOHLI Z PRESENT MrRajivAtma Ram SrAdvocatewith Mrlllikhil ChopraAdvocate L MRK Malik SrAdvocate with MrKohel Dev Advocate I L MrK Sibal SrAdvocate with Z Mslanmeet Kaur Advocate fiO MrPuneet GuptaAdvocate MrPankajJain Advocate WJ Z MrJatin Salwan Advocate tl MrDheerajChawla Advocate MrPuneet GuptaAdvocate MrHakam ManujaAdvocate MKarminder SinghAdvocate MrKS Brar AddAG Haryanawith NhAmandeep SinghAAG Haryana Permod Kohli Je Petitionersin all thesepetitions are Law Graduates Reliefs claimed e A Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 463 1 CWP N03584 OF 2008etce 4 Ie identical these petitions are beingdisposedof by this common t Facts relevant for the purpose of these petitionsare being noticedhereeineafterl HighCourt of Punjaband Haryanaissuedbrochure in the year 2007 1 inviting for recruitmento HaryanaCivil Service oudicial Brancl4 This brochure containedall necessaryandrelevant details relating m to eligibilitycriteria date for making mode and 911 0 methodof selection syllabusand othernecessary conditions These details 0 arenot beingreferredto the same beingnot germaneto the of 40 the issuesinvolvedin thesepetitionsApartfrom detailsrefenedto above numberof categorywisevacancies to be filled in throughthe processof Z selection are containedin the brochure Since the number of vacancies is a r relevantfactor for the purpose of decidingthese petitions the same are I being hereunderl 3 Z Availablenumber ofvacant posts 34 00 details are as underl Iavo SreNoe Caory NoeofPosts Remtuks Z 1 General 16 Om a 2 Scheduled Castes of 9 Out of these 2 vacancies are Haryana beingadvertisedfor the third time 3 Backward Classes of 5 Inclusiveof 2 canied forward Haryana vacancies which are being advertised for thesecondtime 4 ExServicemen of 1 eov Haryana 40 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 464 CWP N003584OF 2008etc 5 4r e Category NOeOfP0S8 Remarks 1 5 Physically 3 Including2 carried forwards vacancies which are being advertisedfor the third time In case of nonavailabilityof suitable candidatesagainstany Ior both vacancies then these t 4 vacancies will be tllled up from amongst the suitablecandidates belonging to thecategoryof Ex serviceman andAlrtherin case of of suitablei belongingto thel L category of Exeservicementhen these vacancieswill be thrown Y1 0 uponto the generalcategoryln 0 terms of Govemment instructionscontained in letter 1 I No24151913GSIII dated C9 2211991 It is also providedin the brochure that in addition to 34 vacant Z posts 20 anticipated vacancies are beingadvertised as per the judgment m of the Honble Supreme Court in Malik Mazhar Sultan vse UePePublic Ct Service Commission and others 200619 SupremeCourt Cases 507 and I 0 2008 OVII SCC 703 details of these vacancles are as Z underl 10 66 v Z SrN 7 cary NOe OSB 1 General 12 1 Q 2 ScheduledCastesofHaryana 4 3 BackwardClassesof Haryana 1 e 4 ExServicemenof Haryana 2 5 Physically 6Orthol of 1 Haryana It was also stipulated that numberof vacanciesmay vary Selection was to be made on the basis of 6i1 examination 6ioMainexamination It is admiued case ofthe 401 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 465 C Il CWP N003584OF 2008etce 6 V partiesthat all the petitionersappliedwithin stipulatedperiod After t qualifying the preliminary examination theywere permitted to appearin the malll examination and vivamvocevide notiflcation dated3022008 Final 1 1 result generalmerit listl was issued on 1322008 Annexure Pe79 Thereaer on the basis of the recommendationsmade by the Selection Committee were madebythe Govemmentvide Memo dated 1 1322008 exure P89 The could not be 9 0 Names ofthe appointees were accordingly enteredin the concemedregister 0 I maintainedat HighCourt t5 The categorywise status ofthe petitioners is as underl SrJVOe Name ofthepeoner CWPNoe Category Z 1 NehaYadav 3584of2008 Backward Class onel 2 NiranjanSingh 1197of2009 General 6onel 3 SandeepSinghSihagMohit 97380f2009 General CJ Sondhi GagandeepSingh 6onel Z Garg 4 Pradeep Yadav 16118of2009 General QO onel 5 SanjeevTinjan 154550f2009 General W2 Z one9 6 BaljinderSingh 271of2010 General 1 0 onel 7 Anlind Kumar 18220f2009 General onel 8 Abhishek Goyal Neeraj203150f2008 General Goyal Nitin Mittal and 6fou0 Surender 64e 9 Mukesll Yadav 218210f2008 BackwardClass onel 10 Nitin PratapSingh 1236of2009 General onel Total1Generall 12 BC 2 In view of their norselection some of the petitioners claimed their selection and by filing However receiving no e0 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 9 466 1 CWP N003584OF 2008etce 7 1 response to such these writ petitionshave been filed 1 claimingfollowing reliefs 9CXX l1CXX Xxx 1 iiiNssuea wnt 111the nature of mandamusdirecting the to consider and appointthe petitioner as 4 Civil Judge0rDivision9in the HaryanaCivil Services j Judicial Branch9in pursuanceto the selection conducted 4 0 by it the result of which has been declared vide 0 I Annexure Pe6 with effect from 132008 when other 1 1 0 similarlysituatedselectedin the same process have been I selectedand and grantall reliefs Z that flow therefrom includingsenioritypay fixation e arrearsofpayalongwith interestetc 119 I The petitionersare claimingtheir on the Z following groundsl m OOutof six postsadvertisedfor Backward Class 65actual 4 l 17 onlythreepostshave been filled in the first instancevide notiScationsdated Z 1322008 and 1432008 Qm 6iil12 persons have been promoted on regular basis as Additional District Judgeswhereas five persons were appointed as Additional District Judges Oll ad hoc basis for the Fast Track Courts in Haryanawhereasfive notified e vacanciesfrom ScheduledCasteCategory remain unfilledl 12454522 6iioOn211 12007 65 postsof Civil Judges0rDivisionlwere created by the which inter alia includes six postsfor Backward Class and 13for ScheduledCaste candidates 6ivlAsagainst13 advertised vacancies for Scheduled Caste only five have 0 l Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 467 CWP No3584 OF 2008etc 8 1 been filled and remaining9 vacancies could be utilised for 1 from the Backward Class categorycandidates in view of the govemment lnstructions dated 171976 which inter alia providesfor 1 of reserved category vacancies 111 the event of of candidatesfrom a particular reserved categoryIn this case 9 Scheduled 1 Caste categoryvacancies were to be utilized for of Backward 1 0 Class candidatesdueto nonvailability of ScheduledCastecandidates 16 0 of five before 31102008 and one candidate 0 t1 I from Backward Class Category on 172009 65469 Resultant vacancies C5 i on account of resignation are also to be fllled in on the basis of the same I selection Z It is contended on behalf of thepetitioners that all the available posts n 0 arerequired to be filled in on the basisofselect list dated 1322008 in Vlew I of the Honble Supreme Court judgment in the case of Malik Mazhar 3 Z Sultan supralhe petitioners have giventhe details of the vacancies 0 filled in and available vacanciesunder various categories as underl 1 2 3 4 V Z NoofPosts advertised Category PostsFilled by Balance vacant posts Selection 1 ll General Category 1641228 Posts fllled up Balance Remaining vacant posts ee G Posts advertisedfor ScheduledCaste exure P5 13 Posts fllled up 5 Balance remaining vacant 8 6ii Posts advertisedfor Backward Classes 1 exure Pm5 6 0 1 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 468 CWP N003584OF 2008etc 9 1 Posts filled up 3 Balance remaining vacant 3 6iio Members of ScheduledCaste in February2008 5 Members ofthe Backward Class 1 promoted in 2008 3 C 6iv9 Posts createdon 21112007 65 1 General 0 ScheduledCastePosts 13 0 Backward Classposts Z6 C5 Thus total number of vacancies available for members of the Z ScheduledCaste andBackward Classes are as underl r General L ScheduledCaste Category 26 I 1 Backward Class Category 12 Z Petitioner namelyNeha Yadav in CWP N03584 of 2008 submits m that she is at SrlVoO in the list of Backward Class Category candidates nwo Z and after of threecandidatesfrom this categoryshe figuresat Ll P SrNo next in the order ofmerit It is stated that out of 54 advertised posts 634actual and 20 only 34 have been made 111 the following manner e General 23 ScheduledCaste 5 Backward Class 6 Duringthe pendencyof these petitionsvanous were made in Vlew events Accordingly on the basis ofthe further Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 40 469 1 CWP No3584 OF 2008etce 10 6n informationadditional affidavits have been filed on both the sides On the 1 basis of the additional infonnation five resignedbefore 31102008 and one MrLoveleen resigned on 17A2009 Their t havebeen acceptedas lS evidentfrom the affidavit dated29A2008 flled bypetitionerNeha Yadav It is 8lrther allegedthat HighCoun decided to 4 one Mona Singhcandidate next in the order of merit vide decision Q oftheCommitteedated 1422008 on the basisofher merit in the selection 1 0 from GeneralCategory On 522009 the High Court passedfollowing r 0 interimorder in CWP N03584 of20081 0 Adjourned to 262009 In the meantimetwo postsof HCS oudiciallshall be Z keptvacant It is furthermade clear that it would not be C2 opento the to take theplea ofthe selectlist havingexpireddueto efflux oftime 59 r Z There are four petitioners in CWP No20315 of 2008 all from QO GeneralCategoryTheyare at SrlllosA2 to 45 in the merit list dated vno 1322008 It is statedthat General Category candidates upto merit noAO Z stands and Mona Singhwho was next in the merit at 1 Ll Srlllol also stands One candidate namelyArvind Kumar ln CWPN018220f2009 to GeneralCategoryand figuresat Sr050 lll the merit list It is allegedthat candidates from SrNosA2 to 45 are writ 1 in CWP Nol0315 of 2008 whereas candidateat SrNoA6 has we not the Court Candidate at SrllloA7 hasjoinedPunjabCivil Services Branchlwhereas candidates at SrNos8 and 49 to Backward Class Categorystand vide subsequent notification dated142008 and this is next in the merit in 0 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document r 470 CWP N003584OF 2008etc 11 l General CategoryPetitioner PradeepYadav in CWP No16118 of 2009 t who also belongs to General Category falls at SrlVo63 in the merit list In CWP No738 of 2009 there are threepetitionersnamelySandeepSingh 1 Mohit Sondhi and Gagandeep Singhbelonging to General CategoryThey stand at SrNos32 267 and 128 in the final result 6notthe 4 merit list Petitioner NiranjanSinghin CWP Nol 197 of2009 belonging 1 C to General Category1S at Srlllo9 in the merit list Petitioner Mukesh ql 0 Yadav in CWP No1821 of2008 to BC Category is at Srlllo1 1 1 O I Petitioner BaljinderSinghin CWP No71 of 2010 belonging to General C5 Category lS at SrllToA7 in the final select list Petitioner SanjeevTinjanIS GeneralCategory candidate His merit positionis not reflected Z Recruitment to the HCS Judicial Serviceis govemed andregulated by statutory rules namelyPunjabCivil Services oudicialBranch9Haryana Rules 1951 includingthe amendmentsmadeby the StateofHaryanaBy L3 Z virtue ofan amendmentnotification dated2332007 PunjabCivil Services 10 Judicial BranchlRules 1951 were amended 34 posts of Civil Judges 7 OrDivision9lyingvacant were to be fllled up throughspecialrecruitlnent Z on the recommendationsof the Selection Committee constituted for the 1 w purposeThe Selection Committee was constituted under the rules comprising ofl 6iIthree Judgesof the HighCourt of Punjaband Haryana nominatedby the Honble theChief Justice of whom the senior most has eeee be the chairmane6iilthe Chief Secretary to Govemment of Haryana and to 6iii9the Advocate General Haryanaand four legalremembrancersand Secretaries to Government of Haryanaand LegislativeDepartmentAll other provisions in the existingrule regardingeligibilityage educational conduct of examinationetc were to remain same Part B of e 1 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document P 471 CWP N03584 OF 2008etce 12 1 the originalrules deal with the submission of whereas Part C 1 deals with the examination of candidates Rule 80f Part D was amended pursuant to thejudgment ofthe Honble Supreme Court in Malik Mazhar 1 Sultan supraloAmended Rule reads as under 51n the said said Rules in partDm i9forrule l the followingrule shall be substitutednamely C2 1The names of candidates selected by Govemment for as 1 0 Civil JudgesOuniorDivisionlunder rule 10 and 11 of the Part C shall be C I enteredin the HighCourt Register in the order of selection to the extent of 0 1 I 300Iomore than the advertisedvacancies so as to meet any for the advertisedpostremaining unfilled for any reason 99 Z iorule8 shall be omitted m f Separate replieshave been filed bythe Stateand on behalfofthe High 6 Court While admitting the vacancles notified throughthe brochure Z and creationof65 vacanciesduringthependency ofthe writ petitions ClO theonlycontentionraised bythe Stateis that all unfllled vacancies on completion of the selection process and after Z advertisement are to be advertised againto enable all eligible r Ll candidatesto applyand seek their considerationfor It is further stated that the grievance madeby the petitioners has no legal basis HighCourt also 61eda short affidavit One ofthe pleasraised is aO that vacancies more than the advertised number cannot be filled To supportthis contention leamed counsel for the Staterelies upon the judgment in Virender SinghHooda and others vsa State ofHaryana and another 200511RSJ 70 Affidavit filed on behalf of the High Court reveals that out of 54 advertised vacancies 53 stand ee 1 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document r 472 1 J 4 CWP N03584 OF 2008etce 13 4 filed up and one posthas been reserved which is subjectmatter of 1 CWP No5130 of 2007 Referring to the judgment of Honble Apex Court in MaIik Mazhar Sultan lpral the standof theHighCourt 9 lS that in compliancewith the orders of the SupremeCourt 20 anticipated vacancies were advertised and have aIso been lled up tl Further standofthe HighCourt is that mere selection doesnot create a m C rightin favour ofthe petitioners 9 0 Due to certain ambiguities regarding the vacancy positionwhich inter 1 0 I alia also includes the new creations and fresh 0 I etc this Court passed an order dated 392009 seeking information from the HighCourt in respectof the pointsindicated Z therein the same shall be referred to hereeitafter Pursuant to the Q aforesaid directions the HighCourt filed affidavit dated 1882009 of I Virinder AggarwalRegistrar0Rules9Punjaband HaryanaHighCourt C1 Z pointwise replycontainedin the affidavit is as followsl ril Point General 42 7 vacancyposltion on the 7 ScheduledCaste 394 Z dateofissuance offresh 24 1 Qm 2341 advertisement dated Backward Class 02 1492008 for HaryanaExerviceman 06 PCS 6Judiciall Physically 04 4C Orthol Total 78 7444 ee 1 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document r 473 CWP N03584 OF 2008etce 14 Isd Point 6iilwhetherany unfllled No unfilled vacancy arising out ofl t advertisementnotificationdated232007 vacancyfrom the earlier selection was included in the fresh advertisement arlSlllg out of advertisement dated192008 4 notification dated 233 007 was included in the fresh advertisement if so the number of such vacancies m with brealoup Il 0 t 0 r I 1 Point No6iiiaer fllling 54 One GeneralCategory vacancyaccrued on 1 0 I advertised vacancies whether any account of joining of Shri Sushant Changotra lll the cadre of PCS JBI on Z vacancy became available as 32008 8 more candidatesalso resigned e droppedout vacancy on account of from thepostof Civil Juge6Jrivn in the or resignationif so cadreofHCS OB which are as foUou I number of such vacancies with Z break up CQ VS 7 e Name ofthecandidates Category bes to Dateofaccept of Z SlShrse resignation bythe HaryanaGov 1 0m 1 ParshantSharma General 242008 2 JatindraSingh General 24102008 3 Monika Saroha General 24102008 4 ChetnaSingh General 24102008 5 Lovleen BC 282009 6 GomatiManocha General 282009 7 Ekta Gauba General 2032009 W Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document Cbl r 474 1 CWP N0e3584OF 2008etc 15 14 e Name ofthecandidates Category belongs to Dateofacceptance of 1 SlShrVMSe resig7w80n bythe HaryanaGovt 8 DheerajMor General 392009 4 9 Point Noivwhether the vacancles Pursuantto the decision of the selection mentioned in paragraph6iii above and Committeeof the High j 1Z Court dated2818008 Ms Mona Singh at were filled up the manner and dates V 0 SrlNoAl of the select list of HCS of with details of the tl 0 from the GeneralCategory was appointed i 1 candidates and the categories to C9 bytheHaryana Governmenton 177009 1 which theybelong Z Point 65 additional 65 Postsof Civil Judge0rDivision9 were m Q createdby the HaryanaGovemmentvide vacancies created during the I letterdated211 12007 These postswere pendencyof the flrst selection C notified in the fresh advertisementdated Z initiated in the year 2007 were 1492008 CQ notified for fresh selection vide m advertisement dated 142008 Z details thereof 1 0 Categorywise break up ofthese vacancies Category Numberof Posts General 41 ScheduledCaste 13 4d BackwardClass 0Iol 06 Exmserviceman05Iol 03 PhysicailyHandicappedtho 02 Iep ll Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 475 10 1 CWP N003584OF 2008etc 16 1V Category NumberofPosts 1 Total 65 r q Point NoI RetiremPromotions from PromotionsDeath Resignation ment 232007 to ARer 14820081 1492008 vi9vacancies NIL G 6 One vacancy 9 4 accruingdue due to the 1 Total 16 Sc 4 G 8 death of Ajay 0 to General 9 BC 3 Kumar BC 1 retlrement ea SeC 3 Aggarwal on 0 promotlOll 1452008 O death BC 2 General reslgnatlon Category C I etc alter the 0 completion I of the process of selection Z initiated vide m Notification 1Z dated 6 2322007 I category vvise9 C Z In the afftdavitof MrAggarwalthe number of vacancies becoming oo availablewere not specifledclearlythoughdetails of promotions were nw3 givenThus vide order dated l2102010 a further direction was issued to Z Qm the High Court to fIle fresh affidavit givingdetails of the vacancies 1 becoming available on account of promotionretirement resignation and death of HCS oludicialBranch9between the date of advertisementdated 2332007 to 682009 date of issuance of next select list In responseto V this direction an additional affidavit hasbeen filed byJoint OSD Punjaband HaryanaHigh Court with the followingdetails of the vacanciesduringthe aforesaidperiodas under r W Sro Vacanciesbecameavailable Numberofvacancies 1 On account of promotionof HCS JB 35 Omcers9 eCl Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 476 V 4 CWP N03584 OF 2008etce 17 7 SrlVo Vacanciesbecameavailable Numberofvacancies 1 2 Due to resignation of HCS 0BI OfOcers 10 3 Dueto deathofHCS JBIofBcers 01 4 4 Dueto retirement 01 It has come on record in the affldavit ofGovemmentofHaryanafiled m Q in CWP No 1197 of 2009 that a11 the 54 Vacancies notified vide Pd 0 advertisementissued in the year2007 havebeen fllled up in two phases ie t 0 1322008 and 143008 in thefollowing manner 45 Category Vacancy Actual vacancies Posts filled Posts fIlled Total I shownin the that were availableupin theflrst up in the advertiseme on reconciliationphase e second phase Z nts with the data made 1322008 i 143 008 available by the Honble HighCourt Ct 19 2 639 41 659 69 I General 28 29 23 17 40 t10 Z Scheduled 13 11 5 5 Castes 10 1 Backward 6 9 3 6 19 Classes mm Z Ex 3 2 m servlcemen Om eeeeeeee Physically 4 3 d persons Total 54 54 31 23 54 Result of 2007 advertisementwas declared on 1322008 whereasthe result of selection for which advertisementwas issued on 1482008 was declared on l 72009 and the select list notified on 62009 The entire argumentof the petitioneris based uponjudgmentof 4re 1 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 477 lJlll 1 4 CWP Noe3584OF 2008 etc 18 Malik Mazhar Sultan supral While the eligibilityof the 1 to Judicial service in the Stateof UP Honble Supreme Court issued certain generaldirections to all the StateGovemments UTs and the 4 High Courts These directios are contained in 23 of the judgment whichreads as underl 4 231t is absolutelynecessaryto evolve a mechanism to speedily 1 determineand fill vacanciesof Judgesat all levels For this purpose 110 0 timelystepsare required to betakenfor determinationofvacancies issue 0 of advertisementconducting examinationsinterviewsdeclarationof the Z C9 final resultsand issueof ordersof For a11theseand other I stepsif any it is necessaryto providefor fixed time scheduleso that systemworks and there lS no delay111filling up of Z vacancie The datesfor takingthese stepscan be providedfor on r the pattem similar to filling of vacancies in some other I services or fillingof seats for admission in medical colleges L Z The schedule appended to the Regulations goveming medical Ct OO admissionssets out a time schedule for evely stepto be a7 strictlyadheredto every year The exception can be provided Z for where sufficient number of vacancies do not occur in a Qe 1 givenyear The adherenceto strict time schedule can ensure timelyfilling of vacancleSe All State Govemments Union Territories andlorHighCourts are directedto providefor time 14e schedule for the aforesaid purposes So that every year vacancies that may occur are timely filled All State Govemments Union Territories and HighCourts are directed to flle within threemonthsdetailsof the time scheduleso Oxed and date from which time schedule so flxed would be 40 Gupta Suruchi 2014.03.25 10: 25 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 478 1 1 4 CWP N03584 OF 2008etc 19 operational 29 1 In response to the directionscontained some of the State Courtsmade Takingnote ofsuch the Honble Supreme Court in Malik Mazhar Sultanm2 e 4 supra issued vanous directions by fixing time schedule for d holdingthe examinationsetc at differentlevels in the of subordinatejudicialservlce lll respectof the High 1 1 CourtsIUTs For the purpose of the presentwrit petition directions111 4 respectof to the post of civil Judge0rDivision9 only 0 0 relevant Such directions contained in 14 and 15 which are I as here under I 14The select list prepared for all categories of officials Z shall be validtill thenext select list is published 15We further direct that ten percent of unforeseen vacancies would be in respectof sanctioned postsand 08 r not vacancies occurringin a particular year