IMPORTANT POINT
Appointments to FTC courts - directions given.

Judgment :-

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. These appeals, by special leave, are directed against the judgment dated 07/03/2011 delivered by the Division Bench of the Jharkhand High Court. They involve the same questions of law and facts and hence can be disposed by a common judgment. The appellants in these appeals were posted as Additional District Judges, Fast Track Courts. They are direct recruits from the bar. By the impugned order, the High Court disposed of the Writ Petition filed by the Judicial Officers who are members of the Subordinate Judiciary of the State of Jharkhand, challenging the appointment of the appellants to the posts of Additional District Judge (for short, “ADJ”), Fast Tract Courts (for short, “FTC”). The writ petitioners before the High Court, inter alia, claimed that they were eligible for being appointed as ADJs and that they are directly affected persons in monetary terms as well as in terms of their future promotional avenues because of the appellants’ appointments. They sought a declaration that the entire selection process for appointment of the appellants to the post of ADJs, FTCs pursuant to advertisement dated 23/5/2001 is illegal. They prayed that the Notifications dated 2/2/2008 and 12/8/2002 whereby the appellants were appointed be quashed. They are respondents before this court. The High Court by the impugned judgment allowed the writ petition.

3. It is necessary to state case of respondents 5 to 35 before the High Court for better appreciation of the issues involved in these appeals. On 15/11/2000 Bihar Reorganisation Act, 2000 was passed, whereby the State of Jharkhand was carved out of the State of Bihar. By Notification dated 22/02/2001, 90 Superior Judicial Officers (ADJs and District Judges) were transferred from the State of Bihar to the State of Jharkhand. Out of these 90 Judicial Officers, 62 were promotees and 28 were direct recruits. On 10/05/2001 the Governor of Jharkhand, in consultation with the High Court, framed Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 under Article 233 read with proviso to Article 309 of the Constitution of India (“Rules of 2001”, for brevity). Rule 9 thereof prescribed the eligibility for appointment as an ADJ in the State of Jharkhand, which reads as under:

“9. Eligibility: A candidate shall be eligible to be appointed as an ADJ under these Rules, if:-

(a) he is above the age of 35 years and below the age of 45 years as on the last day of January preceding the year in which the examination is held; provided that in the case of a candidate belonging to scheduled caste or scheduled tribe, there may be a relaxation of upper age limit by three years;

(b) is a graduate in law from a University recognized for the purpose of enrolment as an Advocate under the Advocates’ Act, 1961;

(c) has an experience of more than seven years at the Bar as a practicing Advocate after having been duly enrolled as such under the Advocates Act, 1961;

(d) possesses good health, is of sound moral character and is not involved in, or related to any criminal case of any type involving moral turpitude.”

4. In order to bring all the facts on record, it would be necessary to state here that Rule 5 of Rules of 2001 was amended on 20/08/2004, whereby the percentage from different sources was modified in terms of the direction of this Court in All India Judges Association & Ors. v. Union of India & Ors. [2002) 4 SCC 247] and it was fixed as 50% by promotion, 25% by promotion through a limited competitive examination and 25% by direct recruitment.

5. On 23/05/2001 the High Court of Jharkhand issued an advertisement inviting applications in the prescribed format from the eligible candidates to fill-up the vacancies in the post of ADJs. The prescribed eligibility criteria was as under:

“(i) Qualification – Graduate in law from University recognized for the purpose of enrolment as an Advocate under the Adv