Malik Mazhar Sultan vs U. P. Public Service Commission

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 2052

SUPREME COURT OF INDIA
C.K. THAKKER, D.K. JAIN, JJ.
Malik Mazhar Sultan and another - Appellants
Versus
U.P. Public Service Commission and others - Respondents
Civil Appeal No. 1867 of 2006.
Decided on : 23-09-2008

Advocate Appeared:
For the Appellant :Mr. Vijay Hansaria, Senior Advocate (A.C.), Ms. Sneha and Mr. Ezaj Maqbool, Advocates.
For the Applicant :Ms. Soumya Chakraborty and Mr. DB Vohra, Advocates.
For the Respondent:Mr. Lakshmi Raman Singh, Mr. Atul Jha and Mr. Dharmendra Kumar Sinha, Advocates.
For the Intervenor :Mr. Arvind Kr. Tiwary and Mr. Rannjan Dwivedi, Advocates.
For the High Court of Patna :Mr. Pravin H. Parekh, Senior Advocate, Mr. Ajay Kr. Jha, Ms. Mary Mitry, Ms. Divya Sinha, for M/s P.H. Parekh & Co., Mr. K.K. Mohan and Mr. Prakash Kumar Singh, Advocates.
For the M.P. High Court :Mr. C.D. Singh, Mr. Sunny Choudhary, Mr. Vairagya Vardhan, Mr. Aditya Singh and Mr. Kamlendra Mishra, Advocates.
For the Allahabad High Court :Mr. Ashok K. Srivastava, Mr. Saurabh Trivedi, Mr. Indrajeet Das and Mr. Debasis Misra, Advocates.
For the UOI :Mr. Navin Prakash, Ms. Rekha Pandey and Ms. Sushma Suri, Advocates.
For the High Court of A.P. :Mr. T.V. Ratnam, Advocate.
For the Orissa High Court :Mr. Janaranjan Das and Mr. Swetaketu Mishra, Advocates.
For the Maharashtra :Mr. Sanjay V. Kharde and Ms. Asha G. Nair, Advocates.
For the Bombay High Court :Mr. Aniruddha P. Mayee, Mr. Sanjeev Kumar Choudhary, Mr. Sanjay Visen and Ms. Rucha A Mayee, Advocates.
For the Bihar :Mr. Gopal Singh, Mr. Manish Kumar and Ms. Vimla Sinha, Advocates.
For the Tripura :Mr. Gopal Singh, Advocate.
For the West Bengal :Mr. Bhaskar Gupta, Senior Advocate, Ms. Tara Chandra Sharma and Ms. Neelam Sharma, Advocates.
For the Arunachal Pradesh :Mr. Anil Shrivastav, Advocate.
For the U.P. :Mr. S.R. Singh Yadav, Senior Advocate, Mr. Yunus Malik, Mr. Shrish Kumar Mishra, Ms. Pushkin, Ms. Sunita Gautam, Mr. Anuvrat Sharma, Mr. G.V. Rao, Mr. P.I. Jose, Mr. Vivek Kandari, Mr. Pradeep Misra, Mr. Radha Shyam Jena and Mr. Ashok Mathur, Advocates.
For the Uttarakhand :Mr. L.P. Nathani, Advocate General, Mr. Anuvrat Sharma and Ms. Rachana Srivastava, Advocates.
For the Karnataka :Mr. Sanjay R Hegde, Mr. A Rohen Singh and Mr. Amit Kr. Chawla, Advocates.
For the Manipur :Mr. K.H. Nobin Singh, Advocate.
For the Delhi High Court :Ms. Jyoti Singh, Mr. A Mariarputham and Mrs. Aruna Mathur, Advocates for M/s Arputham Aruna & Co.
For the Tamil Nadu :Mr. A Mariarputham and Ms. Aruna Mathur, Advocates for M/s Arputham Aruna & Co..
For the Sikkim and Sikkim High Court :Mr. Sonam P Wandi, Advocate General of Sikkim, Mr. A Mariarputham, Ms. Aruna Mathur, Mr. Vishnu Sharma, Advocates for M/s. Arputham Aruna and Co..
For the M.P. :Mr. Vikas Upadhyay and Mr. B.S. Banthia, Advocates.
For the Chhattisgarh :Mr. Atul Jha, Mr. D.K. Sinha, Ms. Suparna Srivastava, Mr. Neeraj Srivastava and Mr. Rajesh Srivastava, Advocates.
For the Rajasthan :Mr. Jatinder Kumar Bhatia, Mr. B.N. Jha, Mr. Sunil Kr. Jain and Mr. Aneesh Mittal, Advocates.
For the Nagaland :Mr. K.N. Balgopal, Advocate General, Mr. Ritu Raj Biswas, Mr. S Balaji and Mr. A.P. Mukundan, Advocates.
For the Haryana :Mr. Manjit Singh, Addl. Advocate General, Mr. T.V. George, Advocate.
For the Goa :Ms. A Subhashini, Advocate.
For the Mizoram :Mr. K.N. Madhusoodhanan and Mr. R Sathish, Advocates.
For the U.T. (Pondicherry) :Mr. T.L.V. Iyer, Sr. Advocate , Mr. V.G. Pragasam, Mr. S.J. Aristotle and Mr. Prabu Rama Subramanian, Advocates.
For the High Court of Tamil Nadu :Mr. R. Nadumaran, Advocate.
For the Calcutta High Court :Mr. Jaideep Gupta, Senior Advocate, Mr. G.S. Chatterjee, Mr. Raja Chatterjee and Mr. Sachin Das, Advocates.
For the Chandigarh High Court :Mr. Nidhesh Gupta, Mr. Tarun Gupta and Ms. S Janani, Advocates.
For the Patna High Court :Mr. P.H. Pareksh, Sr. Advocate , Mr. Ajay Kumar Jha, Ms. Divya Sinha, Advocates, for M/s P.H. Parekh & Co..
For the NCT Delhi :Mr. Wasim A Qadri, Ms. Sunit Sharma, Ms. Asha G Nair, Mr. D.S. Mahra, Ms. Kamini Jaiswal, Mr. Saurav Datta, Mr. Ejaz Maqbool, Mr. Binay Kumar Panta, Mr. Subhasish Howmick, Mr. S.C. Patel, Ms. S. Janani and Mr. Deepak Goel, Advocates.
For the Assam :Mr. Amrit Phukan, Advocate Gen., Mr. Ng.J.R. Luwang and Ms. Riku Sarma, Advcoates, for M/s Corporate Law Group.
For the Kerala :Mr. G Prakash, Advocate.
For the Punjab :Mrs. Jay Shree Anand, Addl. Advocate General, Mr. K.K. Mahalik, Mr. Ajay Pal, Mr. Kuldip Singh (NP), Mr. Arun K Sinha (NP), Advocates.
For the State of HP :Mr. Naresh K. Sharma, Advocate.
For the UPPSC :Ms. Binu Tamta and Mr. T Mahipal, Advocates.
For the Chhattisgarh :Mr. Atul Jha and Mr. D.K. Sinha, Advocates.
For the Jharkhand Ms. Suparna Srivastava and Mr. Rajesh Patnaik, Advocates.
For the Meghalaya :Mr. Ranjan Mukherjee and Mr. S.C. Gosh, Advocates.
For the J & K :Mr. Anis Suharawardy, Mr. S Mehdi Imam, Mr. Tabraz Ahmed, Ms. Samridhi, for Gujarat Ms. Hemantika Wahi, Mr. Somnath and Ms. K Enatahi Sema, Advocates.
For the Uttarakhand :Ms. Rachna Srivastava, Mr. Noorullaha, Mr. Y Rajagopala Rao, Mr. Y Ramesh, Mr. Y Vismai, Mrs. D Bharathi Reddy, Mr. Kamal Mohan Gupta and Mr. Prashant Chaudhary, Advocates.
For the Punjab & Haryana High Court :Ms. Asha Jain Madan and Mr. Mukesh Jain, Advocates.
For the U.P.P.S.C. :Mr. Shail Kumar Dwivedi, Ms. Vandana Mishra, Ms. Vibha Dwivedi, Mr. Sidhartha Choudhary and Mr. C. Balaji, Advocates.

Headnote:
Constitution of India – It appears that controversy between the High Court of Patna and the State of Bihar still continues even after earlier order was passed by this Court – Resultant effect is that at the lowest run, i.e., in the cadre of Civil Judge there are as many as 84 vacancies and so far these have not been even advertised – It is pointed out that the High Court had framed the rules and had sent these to the State Government but the State Government was insisting for amendment of rules providing for reservation for the OBCs –Held, Learned counsel for the Public Service Commission who is a party respondent in the main matter states that in view of the some order now passed by the High Court a final decision in the matter will be taken shortly –It may be noted that as per the order passed by this Court on results are to be declared by the Public Service Commission within a period of 45 days of conducting the examination – Here the Public Service Commission has taken more than one year – Let Public Service Commission file an appropriate affidavit within a period of four weeks explaining the circumstances leading to the delay.

ORDER :

State of Bihar/High Court of Patna

1. Earlier I.A. No. 33 filed by the State of Bihar was disposed of. We have heard learned counsel for the parties.

2. It appears that controversy between the High Court of Patna and the State of Bihar still continues even after earlier order was passed by this Court. The resultant effect is that at the lowest run, i.e., in the cadre of Civil Judge (Jr. Division), in the year 2008, there are as many as 84 vacancies and so far these have not been even advertised. It is pointed out that the High Court had framed the rules and had sent these to the State Government but the State Government was insisting for amendment of rules providing for reservation for the OBCs. In our opinion, it would be appropriate if the process of recruitment is undertaken immediately by both, namely, the State of Bihar as well as High Court of Patna as per the existing Rules. Similarly, there are 25% vacancies in the cadre of District Judge by direct recruitment. 09 vacancies have not been filled up because of the aforesaid reasons. In our opinion, it would be appropriate, if a direction is issued to all concerned to undertake the process of recruitment as per the existing rules.

3. As far as promotion to the cadre of Civil Judge (Sr. Division) is concerned, there were 94 vacancies in the year, 2007. It is stated that the evaluation is under process. It appears that although everything had to be done by the High Court but no details in regard to the steps taken by the High court in this behalf have been furnished. Let the High Court/the State expedite the process and take appropriate steps, preferably, within a period of three months, so that immediately those posts can be filled up.

4. Similarly, with regard to promotion in the cadre of District Judges, 50% of vacancies have to be filled in by promotion and 25% by limited examination. Entire exercise will have to be undertaken by the High Court/Bihar Public Service Commission, who will take appropriate steps, preferably, within a period of three months.

5. List on November 04, 2008. Meanwhile, status report will be filed by the State of Bihar as well as High Court of Patna.

6. I.A. No. 46 filed by the State of Bihar is disposed of in view of the above order.

State/High Court of Andhra Pradesh

7. Mr. T Madan Mohan Reddy, Secretary (Law) is present in Court.

8. We have heard learned counsel for the State of Andhra Pradesh as well as the High Court.

9. So far as the appointment in the cadre of District Judge is concerned, it appears that adequate steps have been taken. No further direction is necessary at this stage. So far as appointment in the cadre of Civil Judge (Sr. Division) is concerned, process to fill up all the 24 vacancies in the year, 2007 has been undertaken by the High Court. It appears that there are 21 vacancies in the year, 2008. So far no effective action has been taken. It is stated that the vacancies have already been notified. Let such action be taken as expeditiously as possible, preferably within a period of three months keeping in view the direction given in the order dated January 4, 2007.

10. As far as the vacancies in the cadre of Civil Judge (Jr. Division) is concerned, in the year, 2007, there were 105 vacancies. So far as the High Court is concerned, effective steps have been taken and the matter is pending with the State. The learned counsel for the State, under instructions of the Secretary (Law) Mr. T Madan Mohan Reddy, states that the State will take appropriate action, including, issuance of appointment letters, within a period of one month from today.

North East Assam/High Court of Gauhati

11. Mr. Arun Ch. Upadhyay, Legal Remembrancer and Secretary, is present in Court.

12. As far as District Judge cadre is concerned, it is stated that in the last selections none was found fit and hence the vacancies could not be filled up. At the grass-root level, i.e., Civil Judge (Jr. Division), 72 persons have already been selected and final list has been p

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2008 Supreme(SC) 2052

SUPREME COURT OF INDIAC.K. THAKKER, D.K. JAIN, JJ.Malik Mazhar Sultan and another - AppellantsVersusU.P. Public Service Commission and others - RespondentsCivil Appeal No. 1867 of 2006.Decided on : 23-09-2008

Cases Referred (1)

SUPREME COURT OF INDIA
C.K. THAKKER, D.K. JAIN, JJ.
Malik Mazhar Sultan and another - Appellants
Versus
U.P. Public Service Commission and others - Respondents
Civil Appeal No. 1867 of 2006.
Decided on : 23-09-2008