SUSHIL KUMAR PANDEY Vs. HIGH COURT OF JHARKHAND

JUDGEMENT

(1.) In these two writ petitions, we are to address the legality of the selection process of District Judge Cadre in the State of Jharkhand initiated in the year 2022. An advertisement bearing No. 01/2022 was published on 24/3/2022, inviting applications from the eligible candidates for the said posts. The vacancies specified in the advertisement itself were twenty-two. Appointment procedure to the said posts is guided by the Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 (the 2001 Rules). In the year 2017, the Anedbh arkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Regulation, 2017 ("the 2017 Regulation") was framed in terms of Rule 11 and Rule 30 of the 2001 Rules for this purpose.

(2.) On the basis of cut-off marks specified in the advertisement as also in the 2001 Rules, select list of sixty-six persons was published, applying the 1:3 ratio as there were twenty-two published vacancies.

(3.) The High Court on its administrative side, however, recommended only thirteen candidates for appointment though the vacancies declared were twenty-two. A resolution to that effect was taken in a Full Court meeting held on 23/3/2023. We shall quote relevant provisions from the 2001 Rules in subsequent paragraphs of this judgment along with the relevant extracts from the advertisement. In the advertisement, the relevant portions for adjudication of the subject dispute were contained under the heading Eligibility and Conditions. The following criteria for selection was specified therein:-