'Appointments Only On Advertised Vacancies' : Supreme Court Holds 2 Judges To Be Wrongly Appointed; Refuses To Unseat Them Noting 10 Yrs Service
1 year, 4 months ago

'Appointments Only On Advertised Vacancies' : Supreme Court Holds 2 Judges To Be Wrongly Appointed; Refuses To Unseat Them Noting 10 Yrs Service

Live Law  

The Supreme Court recently held the procedure adopted by the Himachal Pradesh Public Service Commission and the High Court in the selection of Civil Judge in 2013 to be wrong and consequently, the appointments of two judicial officers were found to be irregular. In this regard, the Court placed reliance on the recent Constitution Bench judgment in Sivanandan CT and others vs High Court of Kerala 2023 LiveLaw 658 where the Supreme Court refused to unseat certain District Judges in Kerala, despite finding their appointments to be illegal, in view of the fact that they have been rendering service for six years. The Court also found the High Court's judgment in Shweta Dingra to be in conflict with the directions issued by the Supreme Court in Malik Mazhar Sultan case. On 24.03.2009, the Supreme Court clarified in Malik Mazhar Sultan that the "High Courts/PSCs shall notify the existing number of vacancies plus the anticipated vacancies for the next one year."

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