SUBHASH PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a public interest litigation filed by a public spirited person for maintaining the independence of the judiciary and speedy disposal of the cases.

(2.) THE petitioner felt pained to see that a number of posts in the Subordinate Judiciary are lying vacant and the same could not be filled in because of the administrative problems and because of the time to time ban imposed by the Government on recruitment of the staff resulting in delay in the disposal of the cases for want of proper staff. He has filed this public interest litigation that since the entire administrative control of the Subordinate Judiciary vests in the High Court and once the funds are made available to the High Court, then subsequently, there should not be any government interference like issuing circulars from time to time imposing ban on the recruitment. This public interest litigation was received from a public interest litigation was received from a public spirited person and the same was registered as a writ petition on 7. 4. 1991 and notices were issued to the High Court as well as the State Government.

(3.) ACCORDING to Article 229 of the Constitution of India, all the staff of the High Court shall be recruited by the Chief Justice and the Chief Justice will be competent to frame the rules and all the salaries, allowances and pensions shall be charged upon the Consolidated Fund of the State. This is the setup regarding the High Court.