RAJENDRA KUMAR SHRIVAS Vs. STATE OF M.P.

JUDGEMENT

(1.) The challenge in the present writ petition is to the notification dated 19th January, 2018 whereby appointments by promotion were made to Higher Judicial Service governed by Madhya Pradesh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (for short "the Rules").

(2.) The case set up is that the Rules provide 50% by promotion from amongst the Civil Judges (Senior Division) on the basis of merit-cum- seniority and passing suitability test; whereas 25% posts are required to be filed up by promotion on the basis of merit through limited competitive examination from amongst Civil Judges having not less than 5 years qualifying service. The said clause of 25% has to be read as 10% in terms of the judgment of the Supreme Court in All India Judges' Association and others vs. Union of India and others , (2010) 15 SCC 170.

(3.) The grievance of the petitioners is that only 10% of the seats can be filled up by limited departmental competitive examination. Thus, only 61 posts could be filled up from amongst the candidates by way of limited competitive examination. It is contended that 78 posts have been filled up since 2016, therefore, the 11 posts which have been advertised will lead to 89 posts to be filled under Rule 5(1)(b) of the Rules which is contrary to the judgment of the Hon'ble Supreme Court and the statutory rules.