RAJNISH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the instant application filed as Public Interest Litigation, the petitioner has prayed for issuance of appropriate direction upon the respondents to forthwith fill up the posts of Munsifs and Judicial Magistrates lying vacant in the State of Jharkhand, since the vacancies in these important posts are causing uncalled for misery and irreparable loss to the litigants and also to the innocent accused persons languishing in jails and they need speedy trial.

(2.) PETITIONER 's case inter alia is that as per his information, there are about 175 posts of Munsifs and Judicial Magistrate in the State of Jharkhand, which are filled up and functioning, however, 135 posts are vacant for the past several months though the pendency of the cases in the Courts of Munsifs and Magistrates have increased and there are thousands of cases are pending in each district Court. It is stated that the Governor of Jharkhand, taking into consideration the dire and urgent need of filling up the vacancies in the Jharkhand Judicial Service framed a rule called Jharkhand Judicial Service (Recruitment) Rules, 2001 after due consultation with the High Court of Jharkhand in absence of the Jharkhand Public Service Commission. The said rule was duly notified in the official Gazette in terms whereof the entire selection process would be undertaken by the High Court. It is further stated that the process of appointment was started by the High Court and after following the procedure, selection of most suitable candidates have been made but the entire selection process has been stalled at the instance of the State on the misguided notion that the same should pass the test of its reservation policy.

(3.) THE State of Jharkhand has also filed a counter -affidavit, wherein it is admitted that the High Court had to conduct the examination and the entire selection process for the appointment of Munsifs and Judicial Magistrates. However, it is stated that the Registrar General of the High Court made correspondence with the Government and requested to get approval of the Governor of Jharkhand to the aforesaid rules framed by the High Court. Since, the rules framed by the High Court did not contain any provision with regard to reservation, the State Government sought for a clarification in this regardby the High Court. The High Court in reply, intimated the Government that no requirement of making specific provisions in the recruitment rules was needed because the reservation as provided in the general rules in the Government shall ipso facto and mutatis mutandis be made applicable in respect of appointment in the judicial services. In view of the specific assertions made by the High Court rules were accorded approval. It is further stated as soon as the State Government came out with a reservation policy the same was intimated to the High Court with a copy of the notification informating it that whenever any appointment is made under the provisions of Jharkhand Judicial Service Rules, the said reservation policy should be followed. It is contended that the Government received names of 135 candidates recommended by the High Court for appointment to the post of Munsifs but only 9 candidates belonging to SC/ST category have been selected, whereas according to the reservation policy the said provision for reservation has been made to the extent of 73%. Lastly it is stated that the State Government does not have any objection if the vacancies are filled up in accordance with the reservation policy.