Judicial Vacancies | Day 10: Civil judges recruitment can continue in Karnataka despite government notification, says SC
Judicial Vacancies in the Lower CourtsJudges: Sanjiv Khanna CJI, P.V. Sanjay Kumar J, K.V. Viswanathan J
Today, Chief Justice Sanjiv Khanna said that the Court will hear the issue of judicial vacancies in district courts of Bihar, Karnataka, Maharashtra, Delhi and Uttar Pradesh in April 2025. The bench, also comprising Justices P.V. Sanjay Kumar and K.V. Viswanathan, passed the direction in a suo moto case in which the Court has been monitoring vacancies across all district courts in the country since 2018.
Previously, the case was last heard eight months ago by a vacation bench of Justices Vikram Nath and Sandeep Mehta. At that time, the Court had dealt with a property dispute at the Rouse Avenue Complex where a bungalow, allotted to the Delhi High Court, was occupied by the Aam Aadmi Party as their office.
Eight months later, today, the issue on that property resurfaced, except this time the Land and Development Office (L&DO) had possession of it. Further, the bench also issued notice to two state governments.
Supreme Court: High Courts to report on funding of district judiciary
“We want you to…do one exercise,” CJI Khanna began. He stated that the number of sanctioned posts in district courts in some states has substantially increased by 8000. “I want each of the high courts…to do the costing exercise…both with regard to the capital cost and the recurring cost.” He explained that the funds and capital cost must also be increased if the sanctioned strength increases. “Without that, it serves no purpose,” the Chief said.
Notices to state governments and an old property dispute
A counsel from the Karnataka High Court stated that there was an “extreme urgency” regarding vacant posts of 158 civil judges that were to be appointed through direct recruitment method. He submitted that the Karnataka Government had discontinued direct recruitment through a circular in November last year. CJI Khanna issued notice to the state government and directed the High Court to continue the process for direct recruitment “notwithstanding the circular dated 25 November 2024 issued by the State Government.”
The bench also issued notice to the Bihar government, directing it to process the request made by the High Court to notify the Bihar Civil Services (Judicial Branch) Recruitment Rules, 1955 which were recently amended. The Bihar government was directed to inform the Supreme Court or the Patna High Court within 15 days if it had any objections.
A counsel pointed out that the Rouse Avenue plot, which was initially occupied by the AAP, was handed over to the L&DO. However, the L&DO has yet to give away the property to the Public Works Department (PWD) of the Delhi Government. The Delhi High Court would get possession only after it is back with the PWD. The bench issued notice to the Union to file an affidavit stating the “correct position and status” of the land.