The Supreme Court has directed the Madhya Pradesh High Court for complying with its directions that were issued in the case of All India Judges’ Association and Others v. Union of India.
As per the directions issued the High Courts while filling up posts in the higher judiciary, can reserve only 10 percent seats to be filled up by limited departmental competitive examination
A division bench comprising of Justices MR Shah and Justice CT Ravikumar have instructed the High Court for examining if 10 percent quota was breached in any recruitment subsequent to January 1, 2011, and if such breach has occurred, to adjust such posts in future recruitments.
The Court in its direction said that the High Court of Madhya Pradesh is directed to act as per the directions issued by this Court in the case of All India Judges’ Association (supra), more particularly directions contained in paragraphs 8 & 9 of the said decision and is directed to see that 10% seats are filled up by limited departmental competitive examination on and from 1.1.2011 and if it is found that in any recruitment subsequent to 1.1.2011, the 10% quota is breached, all such posts shall be adjusted in the future recruitments.
A petition was moved before the Madhya Pradesh High Court that although the Supreme Court in the case of All India Judges’ Association had instructed all the High Courts for filling up the posts in the higher judiciary by reserving only 10 per cent seats to be filled up by departmental competitive examination, the Madhya Pradesh High Court exceeded the limit and filled up the posts in the higher judiciary beyond 10 percent quota.
The petitioner has also mentioned that despite the specific direction issued by the Supreme Court directing all the High Courts to see that the existing Service Rules be amended positively with effect from January 1, 2011, the Madhya Pradesh High Court did not amend the rules providing 10 per cent seats to be filled up by limited departmental competitive examination.
The Madhya Pradesh High Court dismissed the said plea prompting the appellants to move the Supreme Court.