It is therefore, prayed that this Hon’ble Court may kindly be pleased to cancel the appointments Exceeds 10% of Quota of the candidates to appointed through limited competitive examination u/r 5(1)(b) of rules 1994, since 2007 to 2017 exceeds the limit of 10% quota as fixed by Hon’ble Supreme Court and direct to filled up the seats with regular promotion.
Union of India and Others, reported in (2010) 15 SCC 170, directing all the High Courts to fill up the posts in the higher judiciary by reserving 10% seats to be filled up by limited departmental competitive examination, the High Court of Madhya Pradesh has exceeded the quota and has filled up the posts in the higher judiciary beyond 10% quota.
Learned counsel appearing on behalf of the High Court has submitted that initially in the year 2005, the High Court did amend the Recruitment Rules, however, the same came to be set aside by the High Court and the matter reached to this Court and thereafter after conclusion of the proceedings before this Court in the year 2018, the High Court amended the Recruitment Rules in line with the directions issued by this Court in the case of All India Judges’ Association (supra).
This Court also further directed that if the candidates are not available for 10% seats, or are not able to qualify in the examination then vacant posts are to be filled up by regular promotion in accordance with the Service Rules applicable.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
The result would be that the posts were filled up by limited departmental competitive examination beyond 10% seats quota for limited departmental competitive examination.
Therefore, the High Court has to undertake the exercise from 1.1.2011 adjusting the posts and if any appointments are found to have been made beyond 10% seats in a particular recruitment, the same shall have to be adjusted in future recruitment.
In view of the above and for the reasons stated above, the present appeal stands disposed of by directing as under: The High Court of Madhya Pradesh is hereby 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.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
RAVIKUMAR]
Case Title: RAJENDRA KUMAR SHRIVAS Vs. THE STATE OF MADHYA PRADESH (2023 INSC 211)
Case Number: C.A. No.-001514-001514 / 2023
