IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3828/2009 along with CWPs No. 3876 and 3877 of 2009 Decided on:21.4.2010 1. CWP No. 3828/2009 Hakikat ….Petitioner Versus State of HP & others …Respondents For the Petitioner Mr. Subhash Sharma, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. AG with Mr Ankush Sood, Addl. AG for respondent No.1. Mr. Ajay Mohan Goel, Advocate for Respondent No. 2. Mr. D.K. Khanna, Advocate for respondent No.3. 2. CWP No. 3876/2009 Aslam Beg ….Petitioner Versus State of HP & others …Respondents For the Petitioner Mr. Sanjeev Bhushan, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. AG with Mr Ankush Sood, Addl. AG for respondents No. 1 & 2. Mr. D.K. Khanna, Advocate for respondent No.3. Mr. Ajay Mohan Goel, Advocate for Respondent No. 4. 3. CWP No. 3877/2009 Akshi Sharma ….Petitioner Versus State of HP & others …Respondents For the Petitioner Mr. Sanjeev Bhushan, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. AG with Mr Ankush Sood, Addl. AG for respondents No. 1 & 2. Mr. D.K. Khanna, Advocate for respondent No.3. Mr. Ajay Mohan Goel, Advocate for Respondent No. 4. Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. Justice Kurian Joseph, C.J. (Oral) Issue raised in all these writ petitions pertains to the filling up of vacancies in the cadre of Civil Judge ( Jr. Division ) under the Himachal Pradesh Judicial Service, Rules. In Amardeep Singh Vs. State of HP & ors, CWP No. 1624 of 2008 and CWP No. 1122/2009, judgment dated 17.9.2009, it has been settled that:- “We further hold that seats of OBCs could only be carried forward for only three recruitment years and no further. Consequently, the seats falling to the category of OBCs for the year 2009 shall be reduced by deducting the seats carried forward for more than three years and selections made from the general category candidates if found suitable. We direct the High Court to take up the matter with the State Government for fixing appropriate time cap in relation to carry over vacancies of all three classes, that is scheduled castes scheduled tribes and OBCs keeping in view the observations made hereinabove. This process be started within four weeks and the Rules be amended positively by 31st December, 2009. Till the H.P. Judicial Service Rules, 2004 are amended time cap of 3 years will apply to carry over vacancies of all categories.” 2. Following the said judgment, this Division Bench in the judgment dated 15.3.2010 in CWP No. 3474/2009 ( Sandeep Singh Sihag Vs. State of HP & others ) has issued a direction to appoint the petitioner therein. It has been clarified by this court that the reservation turns for OBC at 25, 33 and 42 had to be filled up in the respective slots by general category. Therefore, roster point 25 reserved for OBC, but not available in the three succeeding recruitment years would go to Kapil Sharma. In the same process, roster point 33 would go to Amar Deep and roster point 42 would go to Sandeep Singh Sihag. But we find that Kapil Sharma and Amardeep were not adjusted against roster points 25 & 33, but against the then available unreserved turns of 51 and 52. That was certainly not the intention of this court, as has been clarified in Sandeep Sihag’s case, since the vacancies left unfilled owing to non availability of OBCs should have been adjusted only against the respective slots. The emerging position is that roster point No.39 in respect of scheduled tribe candidate being not available despite three recruitment years and roster No. 50 in the same process as far as OBC is concerned, are available and in view of the re- adjustment of Kapil Sharma and Amar Deep, roster points 51 & 52 are also available to be filled up by general category. 3. It is not in dispute that the cadre strength of Civil Judge (Jr. Division) is 53. Therefore, the candidates of 208 list are to be accommodated against the available slots, referred to above. 4. Roll No. 477, Niti Phutela, Roll No. 496 Sh. Hakikat, Roll No. 551 Akshi Sharma, Roll No. 133 Aslam Beg, Roll No. 539 Arvind Bansal (all general ) are the candidates available in that list. Therefore, subject to the availability of the candidates, according to the merit as indicated above, in view of the availability of vacancies as on 2008 as explained above, there will be a direction to the respondents to fill up the four vacancies immediately. We make it clear that this judgment is only in the peculiar facts of this case and it shall not treated as a precedent. 5. We make it clear that filling up of the vacancies as above, shall not in any way, affect the recruitment process already commenced since despite reworking of the vacancies as above, vacancies are still available and vacancies are to arise also in view of the directions by the Union of India to set up Gram Nayayalayas who are to be in the cadre of Civil Judge (Jr. Division). 6. We make it clear that the seniority of the candidates appointed as above, will be governed from the date of their appointment only so that there may not be any further dispute in future on seniority. 7. Since the Administration and Management of the subordinate judiciary is vest in the High Court Under Article 235 of the Constitution of India, we direct the Registry of the High Court to maintain roster of the respective cadres in the subordinate judiciary. In case, any further steps are to be taken by the H.P. Public Service Commission in view of the judgment as above, Commission is free to seek appropriate clarification from this court. The needful, in the light of the above directions, shall be done within three weeks from today. Petitions stand disposed of accordingly. (Justice Kurian Joseph), Chief Justice April 21, 2010(sl/s) ( Justice R.B.Misra ), Judge