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2015 Supreme(SC) 197
SUPREME COURT OF INDIA
(Record of Proceedings)
A.K SIKRI, ARUN MISHRA, JJ.
Malik Mazhar Sultan And Anr. – Appellants
Versus
U.P Public Service Commission & Ors. – Respondents
Civil Appeal No(s). 1867/2006 (With appln. for c/delay in filing affidavit and clarification of Court's order and c/delay in filing appeal and directions and exemption from filing O.T and impleadment and intervention and may refer to remarks and permission to file additional documents and permission to implead the name of applicant and office report) (I.A Nos. 130, 131, 132, 133 in IA 129 and IA 134 in IA 127) With W.P (C) No. 403/2014
Decided on : 26-02-2015
Headnote:
H.P Judicial Service Rules, 2004 – Impleadment and Intervention – Affidavit and Clarification – Grant permission to applicant process second time during this year in respect of existing and anticipated vacancies in cadre of District/Additional District Judges and Civil Judges in State of Himachal Pradesh in deviation of time schedule so prescribed by this Honble Court vide orders Grant permission to initiate selection process, twice in a year, in each cadre of Himachal Pradesh Judicial Service as per proposed time schedule annexed with application subject to availability of vacancies and to make amendments – Held, Whether promotion of judicial officers to higher posts to Civil Judge and Civil Judge to District Judge can be taken up as a part of recruitment process – Learned Amicus Curiae would submit that he has no objection for grant of such prayers Government of Telangana, Government of Andhra Pradesh and Central Government for issuing necessary orders in this regard – Consideration and is disposed.
ORDER
I.A No. 130 of 2014
The prayers made in I.A No. 130 of 2014 read as under :
“A. Grant permission to the applicant/High Court of H.P to initiate the selection process second time during this year in respect of existing and anticipated vacancies in the cadre of District/Additional District Judges and Civil Judges (Junior Division) in the State of Himachal Pradesh in deviation of the time schedule so prescribed by this Hon'ble Court vide orders dated 04.01.2007;
B. Grant permission to initiate the selection process, twice in a year, in each cadre of the Himachal Pradesh Judicial Service as per proposed time schedule annexed with the application, subject to the availability of vacancies and to make amendments in the H.P Judicial Service Rules, 2004 accordingly.
…..”
Shri Vijay Hansaria, learned Amicus Curiae would state that he has no objection for grant of such prayers and he would state that in fact that this would facilitate the High Court to conduct the examination for District/Addl. District and Civil Judges (Junior Division) in a better way.
In view of the above, we allow I.A No. 130 of 2014.
I.A No. 131 of 2015
Learned counsel for the applicant, on instructions, seeks permission of this Court to withdraw this application with liberty to file fresh application.
Permission sought for is granted.
I.A No. 131 of 2015 is disposed of as withdrawn with liberty to the applicant to file fresh application.
I.A No. 132 of 2015
Application for impleadment as party respondent is allowed.
I.A No. 134 of 2015
Prayers made in this application read as under :
(i) Clarify whether the High Court can go ahead with the process of transfer of judicial officers under the control of the High Court of judicature at Hyderabad for the States of Telangana and Andhra Pradesh;
(ii) Clarify whether promotion of judicial officers to higher posts i.e Civil Judge (Jr. Grade) to Civil Judge (Sr. Grade) and Civil Judge (sr. Grade) to District Judge can be taken up as a part of recruitment process;
(iii) Direct the Government of Telangana, Government of Andhra Pradesh and Central Government for issuing necessary orders in this regard; and
……”
Shri Vijay Hansaria, learned Amicus Curiae would submit that he has no objection for grant of such prayers. Accordingly, I.A No. 134 is allowed.
I.A No. 133 of 2015
In view of order passed in I.A No. 134, I.A No. 133 does not survive for our consideration and is disposed of accordingly.
