- (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. A counter affidavit has been filed by the Registrar General on behalf of the Jharkhand High Court wherein it is stated that after the creation of the State of Jharkhand the Cadre of Judicial Officer of erstwhile State of Bihar was provisionally bifurcated which led to acute shortage of Judicial Officers in the State of Jharkhand. In the State of Jharkhand, there were 63 actual vacancies of Munsifs and shortfall of 137 vacancies on the ground of State of Jharkhand being entitled to receive 347 posts of Munsifs as against actual receipt of 210. It was stated that since there was a dire and urgent need of filling up the vacancies in Jharkhand Judicial Service, the Governor of Jharkhand in consultation with the High Court of Jharkhand framed the aforesaid rules so as to select, recruit and appoint members of Jharkhand Judicial Service. The matter regarding recruitment and appointment of Judicial Officers was considered in Full Court Meeting of the High Court on 23.8.2001, wherein the procedure for recruitment was finalised and a Committee was duly constituted to initiate and conduct the process of selection. Accordingly, selection process was set in motion and the Registrar General of the High Court issued a notification in terms of Rules 4 of the said Rules with respect to 200 number of vacancies of Munsifs which was duly published in the official Gazette. The advertisement for the post of Munsifs and duly published in several newspapers. A preliminary examination was held on 14.10.2001 in which 3532 number of candidates appeared keeping in view the number of vacancies and to ensure as much participation as was required and considered desirable, it was decided to call 1704 candidates for appearing in the main examination. It is stated that the aforesaid number was fixed apparently keeping in view the large participation of the candidates for expanding the area and domain of consideration vis -a -vis the above mentioned anticipated number of vacancies and by fixing the cut - off point with respect to the marks obtained in the preliminary examination. Out of 1704 candidates, total number of SC/ST candidates were 119. The Main (final) examination was held in which all the aforesaid 1704 candidates appeared. The result of the examination was declared on 11.2.2002. The respondent -High Court further stated in the counter -affidavit that based on the result of the main examination and keeping in view the requirement of reservation of SC/ST categories and in view of the stipulation in the rule that as against 45% marks required for general category, a provision was made that the candidates belonging to reserved categories may possess 35% marks only. But the number of persons from the reserved categories who obtained at least 35% marks in the main examination was only 5 who were accordingly eligible for viva -voce examination. Since the number of eligible candidates from the reserved categories who were eligible for appearing in viva -voce examination was much less than even the anticipated number of vacancies in the reserved categories, it was resolved in the Full Court meeting held on 29.1.2002 that such candidates in the reserved categories who had obtained 26% or above marks in the main examination may be called for viva -voce examination, The further case of the High Court is that even after giving such relaxation, only 9 candidates belonging to reserved categories obtained 26% or above marks in the main examination and all of them called for viva -voce examination. The Selection Board after holding viva -voce test prepared select list of 126 candidates belonging to general category and 9 candidates belonging to reserved categories of SC/St. Thereafter, in terms of Rule 17 of the said Rules recommendation to the Government of Jharkhand was sent for appointment of aforesaid 135 persons as Munsifs in the Cadre of Jharkhand Judicial Service, vide letter dated 20th March. 2002 addressed to the Secretary to Government, Department of Personnel, Administrative Reforms and Rajbhasha. Government of Jharkhand, Ranchi. But till date, the High Court has not received any communication from the State of Jharkhand.
(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.;