ORDER :

K.G. Balakrishnan, CJI.

IA No. 56

On 4-1-2007, Malik Mazhar Sultan (3) v. U.P. Public Service Commission,(2008) 17 SCC 703, this Court had given certain directions regarding the selection and appointment of members of the subordinate judicial officers in various courts. In the tabular form, the number of vacancies are notified by the High Court/Public Service Commission. It was directed that the further vacancies that may arise due to elevation or death or otherwise, 10% of the posts shall be notified and this is referred at para 15 of the order; it is further stated: (Malik Mazhar case1, SCC p. 711)

"We further direct that ten per cent of unforeseen vacancies would be in respect of sanctioned posts and not vacancies occurring in a particular year."

2. It has been pointed out by the counsel appearing for the various High Courts that 10% of the sanctioned posts are notified in some States. A large number of posts are to be notified whereas there was corresponding number of vacancies to be filled if the candidates are selected in the select list. There may be an expectation for such candidates to get appointment and this creates unwanted litigation by the candidates and it is prayed that the existing vacancies alone be notified along with the anticipated vacancies that may arise in the next one year and some candidates also be included in the wait list prepared by the High Courts/PSCs.

3. In supersession of the order passed by this Court on 4-1-20071, this Court directs that in future the High Courts/PSCs shall notify the existing number of vacancies plus the anticipated vacancies for the next one year and some candidates also be included in the wait list. To this extent earlier order is modified.

4. IA is disposed of accordingly.

IA No. 67

5. IA is dismissed as withdrawn with liberty to pursue the matter in the special leave petition filed by the petitioner.

IA No. 57

6. There were 42 vacancies in the cadre of District Judge in the State of Jharkhand and the examination was proposed to be held on 31-8-2008, but the same was not held and the clarification was sought from the High Court. Learned counsel appearing for the High Court of Jharkhand stated that there was Writ Petition (S) No. 4159 of 2008 before the High Court and it was finally disposed of by the judgment dated 29-8-2008 and certain directions have been given to fill up these 42 posts. We are told that the judgment of the High Court is challenged before this Court in a special leave petition and they are to be dealt with separately.

7. There were 22 posts of Sub-Judge (Civil Judge, Senior Division) and 66 candidates have been put in the zone of consideration and interview is proposed to be held and it is submitted by the learned counsel for the Jharkhand that these posts will be filled up. There were 65 vacancies of Munsiffs and the main examination and interview are to be held shortly. This is recorded.

8. IA is disposed of accordingly.

9. The presence of the Registrar is recorded. His presence is dispensed with.

IA No. 59 and SLP (C) No. 28488 of 2008

10. The Registrar General seeks further time. Adjourned.

IAs Nos. 63 and 64

11. The Registrar General and the Registrar (Vigilance) of the High Court of Andhra Pradesh are present.

12. Learned counsel for the High Court submits that there were 10 vacancies of Civil Judge (Senior Division) and the same have been filled up by promoting the Civil Judges (Junior Division) and the High Court has also prepared a list of eligible candidates for promotion to Civil Judge (Senior Division).

13. List on 5-5-2009.

14. Meanwhile reply, if any, be filed.

IAs Nos. 65 and 68

15. The Registrar, Kerala High Court is present.

16. Two weeks time, as requested, is granted for filing a reply.

17. List on 5-5-2009.

IA No. 66

18. Issue notice returnable on 5-5-2009.

19. Secretary (Legal) of the State of Bihar is directed to be present on the next date of hearing.

20. We are told by the learned counsel appearing for the High Court of Bihar that 109 vacancies of t