High CourtDivision BenchPartial relief granted: selection may proceed f...

Madhumita Das and Others v. State of Orissa and Others

Case / Petition Number:Writ Petition (C) No. 254 of 2008
Neutral Citation:[2008] 9 S.C.R. 1126

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Dr. Arijit Pasayat
  • P. P. Naolekar
Judgment Date
2008-06-11
Court Decision / Holding
The Court directed that the process of selection under Advertisement No.1 of 2008 may continue but only in respect of seven posts, not nine; petitioners shall continue to hold their ad hoc posts until further orders; as and when regular vacancies arise, their cases shall be duly considered; there shall not be any need for them to appear in any examination meant for recruitment to the cadre of District Judge.
Final Disposition
Partial relief granted: selection may proceed for seven posts (not nine); petitioners to continue in ad hoc posts pending further orders; their absorption into regular vacancies to be considered as regular vacancies arise; no examination required for petitioners for District Judge cadre.

Parties to the Case

Appellants / Petitioners

  • Madhumita Das and Others

Respondents

  • State of Orissa and Others

Legal Representation & Advocates

Counsels for Petitioners

  • • Uday U. Lalit
  • • Rachana Srivastava

Case Synopsis & Summary

Challenge to Advertisement No. 1 of 2008 issued by the Orissa High Court for direct recruitment of ad hoc Additional District Judges is before the Court. Madhumita Das and eight other petitioners, selected to function as ad hoc Additional District Judges under the Brij Mohan Lal v. Union of India framework, contend that the High Court’s advertisement includes sixteen posts, eight of which are currently held by petitioners, including nine posts in their own positions. The petitioners point out that several of them do not meet the stated eligibility criteria, notably age and the bar against applying for posts meant for members of the Bar, and highlight that some petitioners are judicial officers, not practitioners. They rely on Brij Mohan Lal v. Union of India (2002 (5) SCC 1), which directs that petitioners appointed to ad hoc posts, especially in Fast Track Courts, should be continued in those posts and absorbed into regular vacancies when available, provided their performance is satisfactory. The petitioners argue that their performance has been satisfactory, and that, once regular vacancies arise, their cases should be considered for absorption, subject to the same standards as those recruited from other sources. They assert that identical yardsticks must govern all performance assessments, and there should be no discrimination between judicial officers and practitioners. They further contend that absorption in the District Judge cadre should not require re-qualification examinations for the petitioners. The respondents urge uniformity in evaluation and the need to complete disposal of cases. The Court notes substance in the equal-yardstick argument and directs that the selection process may proceed, but only for seven posts, not nine. The petitioners shall continue in their ad hoc posts pending further orders, and their absorption will be considered when regular vacancies arise, subject to future orders from the High Court.

Provisions of Law Cited

Article 32 of the Constitution of India

Legal Doctrines & Maxims

  • Principle of equal yardsticks in evaluating performance for recruitment
  • Absorption of ad hoc appointments into regular vacancies subject to satisfactory performance (as per Brij Mohan Lal v. Union of India)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that Advertisement No.1 of 2008, issued by the Orissa High Court, seeks to fill sixteen posts, including nine presently occupied by petitioners as ad hoc Additional District Judges. They contend that several petitioners do not meet the stated eligibility criteria (notably age and the bar against posts for members of the Bar) and highlight that some petitioners are judicial officers, not practitioners. They rely on Brij Mohan Lal v. Union of India (2002 (5) SCC 1), arguing they should be continued in ad hoc posts in Fast Track Courts and, on regular vacancies arising, absorbed, provided their performance is satisfactory. They stress that their performance has been satisfactory and that, in evaluating them, there must be identical yardsticks to those recruited from other sources. They contend that absorption in the District Judge cadre should not require re-qualification examinations for the petitioners and seek directions to ensure continued service and a fair opportunity for absorption on merit and performance.

Contentions of Respondents

The respondents urge uniformity of evaluation and the need to complete disposal of cases, and they emphasize applying the Brij Mohan Lal principle to ensure orderly progression of postings and absorption. They argue that the advertisement cannot guarantee automatic absorption; rather, absorption should occur with the availability of regular vacancies and only after consistent criteria and safeguards are met, aligning the performance standards of petitioners with those of others. They stress that age limits and eligibility criteria must be observed and that any broadening of the pool of candidates or relaxation of requirements must be grounded in administrative policy and judicial propriety. They seek to balance urgency in appointments with the integrity of the recruitment process and advocate for treating petitioners and others under a uniform yardstick, consistent with Brij Mohan Lal and subsequent supervisory directions.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Brij Mohan Lal Vs. Union of India and Ors.2002 (5) SCC 1PositiveCourt relies on this precedent to support continued ad hoc appointments and the framework for absorption into regular vacancies.

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Extracted Judgment Text

Exact text extracted from official judgment records.

... .. A [2008] 9 S. C.R. 1126 # MADHUMITA DAS AND ORS. _V._ STATE OF ORISSA AND ORS. (Writ Petition (C) No. 254 of 2008) B June 11, 2008 **[DR. ARIJIT PASAYAT AND P.P. NAOLEKAR, JJ]** )" ## _JUDICIARY:_ _Higher Judicial Service_ - _Direct recruitment of Additional_ c _District Judges -Advertisement No. 1 of 2008 issued by Orissa_ - _High Court for 16 posts Writ Petitions before Supreme Court by 9 ad-hoc Additional District Judges appointed to funcgon_ • I _as Fast Track Courts*_ - _HELD: Process of selection pursuant to the advertisement may continue, but that shall_ on/~.~ _be in_ D _respect of_ 7 _posts and not in respect of 9 posts held by the petitioners_ - _Petitioners shall continue to hold the_ posts _until further orders of the High Court_ - _It_ is _made clear that_ as _and when regular vacancies arise,_ cases _of petitioners shall be duly considered_ - _There shall not be any need for them to_ E _appear in any examination meant for recruitment to the cadre of District Judge._ F _*Brij Mohan Lal Vs. Union of India and Ors._ **(2002 (5) sec 1 - referred to.** CIVIL ORIGINAL JURISDICTION: Writ Petition (CIVIL) No. 250 of 2008 _J.._ ,_. Under Article 32 of the constitution of India ## WITH .G W.P. (C) No. 254 of 2008 Uday U. La lit, Rachana Srivastava for the Petitioners. ~ ' ..,, The following Order of the Court was delivered 1126 H 1127 _ .. A # MADHUMITA DAS A& ORS. _v._ STATE OF ORISSA & ORS. Issue notice. Challenge in these writ petitions is to the Advertisement No.1 of 2008 issued by the Orissa High Court. The petitioners have been selected to function as ad-hoc Additional District Judges in terms of the B > judgment of this Court in _Brij Mohan Lal Vs. Union of India and Ors._ (2002 (5) SCC 1 ). It is their grievance that 16 posts advertised also include the 9 posts presently held by the petitioners in the two writ petitions. It is pointed out that the eligibility criterion fixed in the advertisement rules out the c present petitioners. Firstly, some of them are above the maximum age of 45 years and secondly, being Judicial Officers, they cannot apply for posts advertised for members of the Bar. It is also pointed out that in terms of what has been stated by this Court in Brij Mohan's case (supra), at paragraph-10, D direction No.4, they are to be continued (in the ad-hoc posts) belonging to Fast Track Courts, and, thereafter, in respect of regular posts available, after the Fast Track Courts cease to function. Their cases are to be considered subject to their performance being found satisfactory. Their stand is that they have been continued from time to time. Obviously, their performance E was found to _qe_ satisfactory. Presently, we are not concerned with that question which may have relevance only at the time of considering their absorption in respect of the regular vacancies. It is submitted by Mr. Uday U. Lalit, learned senior counsel that while assessing the performance, there cannot be difF ferent yardsticks, i.e. same parameters have to be adopted while judging the performance of the petitioners viz-a-viz. those which are recruited from another source, i.e. from amongst the Judicial Officers. We find substance in this plea also. Therefore, we direct that the process of selection pursuant to the AdG vertisement No.1 of 2008 may continue but that shall only be in respect of 7 posts, and not in respect of 9 posts presently held by the petitioners. It is pointed out that the High Court, after the advertisement has been issuec:L has issued certain letters regarding the non-disposal of adequate number of cases. The H SUPREME COURT REPORTS 1128 (2008] 9 S.C.R. ~ A petitioners have given reasons as to why there could not be adequate disposal of the cases. Needless to say, the High Court shall consider the stand taken in the responses while judging their suitability for appointment on regular basis. The petitioners shall continue to hold the posts until further orders, for which B[necessary ][orders ][shall ][be ][passed ][by ][the ][High ][Court. ][It ][is ][made ] clear that as and when regular vacancies arise, cases of the petitioners shall be duly considered. There shall not be any need for them to appear in any examination meant for recruitment to the cadre of District Judge. **==> picture [4 x 4] intentionally omitted <==** **----- Start of picture text -----**<br> #<br>**----- End of picture text -----**<br> '!' '<'' List these matters in the first week of September, 2008. In the meantime, counter and rejoinder affidavits, if any, shall be filed. R.P. .. **==> picture [13 x 3] intentionally omitted <==** **----- Start of picture text -----**<br> ......<br>**----- End of picture text -----**<br>