Office Of The District Sessions Judge Headquarters And Delhi And ANR v. District And Sessions Courts Employees Welfare Association And ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 09.01.2024 + LPA 21/2024 and CM APPLs. 1049-50/2024 OFFICE OF THE DISTRICT SESSIONS JUDGE HEADQUARTERS, DELHI AND ANR.

..... Appellants Through:

Ms Avnish Ahlawat, Standing Counsel with Ms Tania Ahlawat, Mr Nitesh K. Singh, Ms Laavanya Kaushik, Ms Aliza Alam and Mr Mohnish Sehrawat, Advocates.

versus DISTRICT AND SESSIONS COURTS EMPLOYEES WELFARE ASSOCIATION AND ANR.

..... Respondents Through:

Mr Rajat Aneja with Ms Alka Dwivedi, Advocates.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE AMIT BANSAL [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) CM APPL. 1050/2024 1.

Allowed, subject to just exceptions.

LPA 21/2024 and CM APPL. 1049/2024 [Application filed on behalf of the appellants seeking interim relief] 2.

This appeal is directed against an order dated 03.01.2024 passed by the learned Single Judge.

LPA 21/2024 Page 1 of 4

3.

Via the impugned order, the learned Single Judge has permitted the members of the respondent association to sit for the limited departmental competitive examination that is scheduled to be held on 14.01.2024. 4.

Via the examination, the appellants seek to fill up 233 posts in the rank of Senior Judicial Assistant.

5.

Ms Avnish Ahlawat contends that the members of the respondent association do not fulfill the eligibility criterion. 5.1 Concededly, the eligibility criterion for the applicants, as provided in the subject notification, is as follows:

Sl. No.

Name of the Post Method of Qualification Etc.

Appointing Recruitment Authority Senior Judicial 50% of the For members of the District Assistant.

vacant posts by Establishment of Judge** (Promotion/Selection selection on this Court:

Post) merit from Graduate with 5 (Non-Gazetted) PB-IIJudicial years service and 9300-34800+4600/-* Assistants on non-graduate with the basis of 8 years service in written test and the posts of Interview, Judicial Assistants.

*Revised PB-II-9300-34800+4800/- **Now Principal District & Sessions Judge (HQs), Delhi 6.

Mr Rajat Aneja, learned counsel, who appears on behalf of the respondent/association, on the other hand, says that if notional service is taken into account the members of the respondent association will fulfill the eligibility conditions. It is this aspect that is required to be adjudicated in LPA 21/2024 Page 2 of 4

the pending writ petition.

7.

Since the eligibility of a candidate who sits for an examination goes to the heart of the matter, according to us, an interim direction of the kind the learned Single Judge issued will not serve the interest of the parties. If an interim direction is issued, the court has to firstly, conclude that a prima facie case is made out for a grant of relief. The other two tests, i.e., the balance of convenience, and that irreparable damage will be caused if the relief as sought is not granted, follow the establishment of a prima facie case. The learned Single Judge has adverted only to "balance the equities". 8.

Mr Aneja emphasizes that if the members of the respondent association are unable to take the examination, then, the subject posts will be filled up, putting back their chance of being promoted by several years. 9.

Having regard to the contentions of the counsel for the parties, in our view, the best way forward would be to defer the examination for a short period and request the learned Single Judge to dispose of the writ petition one way or the other, at the earliest.

10.

Accordingly, we put this suggestion to Ms Ahlawat, who appears on behalf of the appellants.

10.1 Ms Ahlawat says that the examination can be held after five (5) weeks i.e., on 11.02.2024.

10.2 The statement of Ms Ahlawat is taken on record. 11.

Accordingly, the impugned order is set aside only to enable final adjudication in the writ petition.

12.

The learned Single Judge is requested to dispose of the writ petition on or before 05.02.2024.

13.

Ms Ahlawat will take steps to inform the candidates about the LPA 21/2024 Page 3 of 4

deferment of the examination.

14.

The writ petition will be listed before the learned Single Judge on 11.01.2024.

15.

The appeal is disposed of in the aforesaid terms. 16.

Pending interlocutory applications shall also stand closed. 17.

RAJIV SHAKDHER, J AMIT BANSAL, J JANUARY 9, 2024 / tr LPA 21/2024 Page 4 of 4