Supreme Court Orders Against Any Fresh Appointments Of In-Service Candidates To District Judge Posts

The Supreme Court has ordered that no new appointments to posts of district judges should be made from among in service candidates or civil judges, since these posts are reserved to recruit candidates directly from the bar.

The bench comprising Justice Arun Mishra and Justice Navin Sinha also refused to pass any further interim orders, either by permitting in service candidates to stake their claims in examinations, or for being appointed at the expense of the quota reserved for candidates from the bar.

The bench took the view that the entitlement of civil judges to occupy posts meant to be filled by bar quota candidates is yet to be decided by hearing the matter. Hence, if such interim orders continue to be granted and if civil judges are appointed from the quota meant for practicing lawyers, then serious prejudice could be caused to the bar quota incumbents.

“In any case, such ad-hoc arrangements by appointing such incumbents is not at all warranted, that too in the higher judiciary, unless and until the case is decided in favor of in-service candidates," the bench stated.

The bench took note of earlier Supreme Court orders which had directed the High Courts of Delhi and Allahabad to proceed with the selection process of some in-service candidates and appoint them as district judges without them resigning from the Subordinate Judicial Service.

“In the circumstances, for years together such interim orders cannot be granted nor can interim orders be treated as a precedent,” the bench stated, adding that these orders create more complications and that the question of entitlement of in-service candidates has been referred to a larger bench.

"Serious complications would arise in case ultimately in-service candidates are not found eligible for such quota. As such we are not inclined to pass any further interim orders either by permitting in service candidates to stake their claims in the examination or for being appointed as against the quota reserved for candidates from the bar,” the bench stated.