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Madras High CourtWMP/20474/2019ordered

The High Court Of Judicature At Madras, v. D.Revathi

2019-08-06Honourable Mr Justice R.Subbiah,Honourable Mr Justice C. Saravanan4 pages

in W.P.No.6378 of 2018 R.SUBBIAH, J and C.SARAVANAN, J [Order was made by R.SUBBIAH, J] This Miscellaneous Petition has been filed seeking extension of time stipulated in Clause (xvi) under the heading 'Directions' in the Common Order dated 30.04.2019 in W.P.No.6378 of 2018 etc. batch by another six months.

2. Heard learned counsel for petitioner, learned counsel for respondents 1 to 7 and learned Special Government Pleader for eighth respondent.

3. While disposing of W.P.No.6378 of 2018 etc. batch, under common order dated 30.04.2019, the Division Bench of this Court has issued certain directions. One of the directions is as follows:

'(xvi) The District Judges and all the other appointing authorities of the Judicial Department across the State are directed to fill up all the vacant posts on or before 16 July 2019, and a report of compliance shall be filed before the Registry on 17 July 2019, for onward transmission to the Hon'ble Supreme Court.' 1/4

4. The matter was placed before the Selection and Appointment Committee of this Court for taking a decision towards implementation of the directions issued in the common order dated 30.04.2019. The Committee was pleased to observe as follows:

'It is also felt by the Committee that the Principal District Judges/District Judiciary do not have sufficient expertise, infrastructure, man power and funds etc., to handle this recruitment process and the process could not be completed by them within the time frame. The Principal District Judges are also reluctant to take up the task of recruitment in fear of complaints. Therefore, the Committee is of the view that Centralized Recruitment is the best possible option to complete the recruitment process within a time frame.

Hence, the matter may be placed before the Hon'ble Chief Justice for approval.

Subject to the approval of the Hon'ble the Chief Justice, the Registry shall file an appropriate application seeking review/modification/extension of time on the orders passed by the Division Bench in W.P.No.6378/2018 and batch of cases.'

5. Pursuant to approval granted by the Honourable The Chief Justice, the Registry of this Court has issued an Official Memorandum in ROC No.49496-G/JRCI/2019 and ROC No.77636-A/2018/C3 dated 20.06.2019, directing all the Principal District Judges to defer all further proceedings in the recruitment process initiated and await further instructions from the High Court on administrative grounds. 2/4

Therefore, the entire exercise of completing the recruitment process initiated by the Principal District Judges across the State had deferred and steps are being taken to frame and notify guidelines for implementing uniform recruitment policy across the State through the Judicial Recruitment Cell. Further, all the Principal District Judges as well as the Chief Judicial Magistrates were directed to furnish details as to number of vacancies by 25.06.2019 to this Court. In the meeting held on 08.07.2019, all issues were clarified. Now, petitioners pray for six more months time to comply with the directions issued by this Court in the Common Order dated 30.04.2019 in W.P.No.6378 of 2018 etc. batch.

6. Learned counsel for respondents 1 to 7 and learned Special Government Pleader appearing for eighth respondent have no objection.

7. Taking note of the directions issued, this Court considers it appropriate to grant further time to comply with the said order. Accordingly, this Court grants six more months time to comply with the directions issued by this Court in the Common Order dated 30.04.2019 in W.P.No.6378 of 2018 etc. batch. The Miscellaneous Petition, accordingly, is ordered. [R.P.S., J] [C.S.N., J] 06.08.2019 gm Note to office: Issue order copy by 09.08.2019 3/4

R.SUBBIAH, J and C.SARAVANAN, J gm in W.P.No.6378 of 2018 06.08.2019 4/4