Nishita Mhatre, J. - (1.) In the year 2008 the Supreme Court laid down the time schedule to be adhered to for filling up vacancies which arose in Sub -ordinate Courts and District Courts in the case of Malik Mazhar Sultan (3) & Anr v/s. Uttar Pradesh Public Service Commission & Ors reported in : (2008) 17 SCC 703. The Supreme Court directed that the vacancies should be calculated including (a) existing vacancies, (b) future vacancies that may arise within one year due to the retirements of judicial officers, and (c) future vacancies that may arise due to promotion, death or otherwise. Ten per cent of the unforeseen vacancies were directed to in respect of the sanctioned posts and not vacancies. Appointment letters were directed to be issued for all vacancies as on 1st December of the year. While laying down the time schedule and the methodology to be adopted by every High Court for filling in the vacancies in the subordinate judiciary, the Supreme Court reiterated that the appointments must be made in consonance with Judicial Service Rules of every State.
(2.) Several High Courts moved applications before the Supreme Court submitting that the direction that 10 per cent of the anticipated vacancies should be in respect of sanctioned post and not vacancies occurred in a particular year based in Malik Mazhar's case (supra) was difficult to comply. It was contended that there would be expectation on the part of such candidates to get appointments which would create unwanted litigation by the candidates. Therefore, it was prayed that existing vacancies alone be notified along with anticipated vacancies that may arise in the next year. In supersession of the order passed on 4th January, 2008 in the aforesaid judgment, the Supreme Court in Malik Mazhar Sultan & Anr v/s. Uttar Pradesh Public Service Commission & Ors reported in, (2009) 17 SCC 24 decided on 24th March, 2009 directed that in future the High Courts/PSCs should notify the existing number of vacancies plus the anticipated vacancies for the next one year and some candidates should also be included in the waitlist.
(3.) The recruitment to the West Bengal Judicial Service for the year 2014 was undertaken for the post of Civil Judge (Junior Division) by issuing an advertisement on 1st March, 2014. Thirty nine existing vacancies and 24 anticipated or future vacancies were advertised. These anticipated vacancies were required to be considered in accordance with the directions of the Supreme Court in Malik Mazhar Sultan's case (supra).;