N.VASUDEVAN Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) These matters pertain to the order of seniority at the entry level in the district judiciary.

(2.) In the pyramidal hierarchy that exists in the Indian judiciary, there is the district judiciary - uncharitably, at times, referred to as the subordinate judiciary - which is made up of three tiers, then there are the High Courts which exercise superintendence over the district judiciary and finally there is the Supreme Court which exercises the authority to declare the law of the land under Article 141 of the Constitution.

(3.) At the very bottom of pyramid, is the entry-level post of Civil Judge (Junior Division). The recruitment to such post is conducted by the Public Service Commission in this State, as in almost all other States. There is a further stage of direct entry into the district judiciary which has come about pursuant to orders of the Supreme Court in the judgment reported at (2002) 4 SCC 247 (All India Judges' Association vs. Union of India). A competitive examination is now held for members of the Bar to be directly recruited at the level of the District Judge. Thus, there are two avenues to enter the district judiciary: one at the bottom of the heap as Civil Judge (Junior Division) and the other at the top of the three-tier district judiciary at the District Judge level. Based on seniority and merit, personnel from the District Judge category are elevated to the High Court and the present system of recruiting lawyers as District Judges directly makes it possible for young entrants by direct recruitment at the District Judge level to reach the High Court within ten to twelve years, subject to seniority and performance, and such judges stand a chance to have a much longer tenure in the High Court than previously possible for members of the district judiciary elevated to the High Court.