New Delhi April 7:
The Supreme Court yesterday issued notice to Punjab and the Registrar General of the Punjab and Haryana High Court on a petition by judges of fast-track courts (FTCs) challenging a notification for filling up the vacancies of additional district and sessions judges through a written examination.
A Bench comprising Justices JM Panchal and HL Gokhale has sought the response of the state government and the HC within two weeks. The Bench, however, refused to immediately stay the notification or restrain the declaration of results of the written examination. The question of interim relief “does not arise at this stage,” the judges remarked.
Appearing for the FTC judges, senior counsel Chetan Sharma and Ravinder Singh contended that their clients had been working in the state judicial cadre for about 18 years and were found suitable for promotion without any test. The HC notification of March 14, 2011 could not be applicable to them mid-way in their career as their suitability “already stood decided” in terms of Rules 7(3)(a) at the time of promotion as ad hoc district and sessions judges in accordance with the Brij Mohan Lal case.
Subjecting them to the written examination amounted to trampling upon the “morale of the serving judicial officers.” Further, most of their batch mates had already been promoted on pure seniority without any written test or viva voce. Also, the petitioners appeared for the examination along with their juniors and as such the present seniority would go topsy-turvy in the event of the junior judges getting appointed, the petitioners contended.
The Supreme Court yesterday issued notice to Punjab and the Registrar General of the Punjab and Haryana High Court on a petition by judges of fast-track courts (FTCs) challenging a notification for filling up the vacancies of additional district and sessions judges through a written examination.
A Bench comprising Justices JM Panchal and HL Gokhale has sought the response of the state government and the HC within two weeks. The Bench, however, refused to immediately stay the notification or restrain the declaration of results of the written examination. The question of interim relief “does not arise at this stage,” the judges remarked.
Appearing for the FTC judges, senior counsel Chetan Sharma and Ravinder Singh contended that their clients had been working in the state judicial cadre for about 18 years and were found suitable for promotion without any test. The HC notification of March 14, 2011 could not be applicable to them mid-way in their career as their suitability “already stood decided” in terms of Rules 7(3)(a) at the time of promotion as ad hoc district and sessions judges in accordance with the Brij Mohan Lal case.
Subjecting them to the written examination amounted to trampling upon the “morale of the serving judicial officers.” Further, most of their batch mates had already been promoted on pure seniority without any written test or viva voce. Also, the petitioners appeared for the examination along with their juniors and as such the present seniority would go topsy-turvy in the event of the junior judges getting appointed, the petitioners contended.
