BRIJ MOHAN LAL versus UNION OF INDIA & ORS.

BRIJ MOHAN LAL versus UNION OF INDIA & ORS.

Appointees to FTCs have no legal or indefeasible right to regularization or absorption in the regular judicial cadre as the posts were temporary and scheme was ad hoc; absorption or regularization can only be carried out subject to conditions prescribed by the Court, including written examinations for direct recruits and quota-based promotions for promoted officers; policy decisions not to continue or finance FTC Scheme are not struck down since they have taken effect but States and Union must adhere to constitutional guarantees and directions issued by the Court.

Parties
Petitioner: Brij Mohan Lal; Respondents: Union of India & Others
Jurisdiction
India
Judgment Date
19 April 2012
Procedural Posture
Transferred Case/writ Petition/special Leave Petition / Final Judgment
Outcome
Appeals and writ petitions partly allowed.
Legal Topics
Judicial Appointments, Fast Track Court Scheme, Policy Decisions, Absorption and Regularization of Ad Hoc Judicial Officers, Judicial Independence, Mandamus, Right to Practice Law, Judicial Infrastructure
Constitutional Law Administrative Law Service Law Judiciary Judicial Appointments Fast Track Court Scheme Policy Decisions Absorption and Regularization of Ad Hoc Judicial Officers +4 more

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Parties

Brij Mohan Lal

Petitioner

Union of India & Others

Respondents

Procedural Posture

Transferred Case/writ Petition/special Leave Petition / Final Judgment

Legal Issues

  1. 1 Whether the appointees to posts of ad hoc FTC judges have a right to be absorbed/regularized in the regular judicial cadre of States.
  2. 2 Whether the discontinuance of the FTC Scheme and its non-financing by the Central Government violates constitutional guarantees.
  3. 3 Scope of judicial review of policy decisions relating to the judiciary.

Ratio Decidendi

Appointees to FTCs have no legal or indefeasible right to regularization or absorption in the regular judicial cadre as the posts were temporary and scheme was ad hoc; absorption or regularization can only be carried out subject to conditions prescribed by the Court, including written examinations for direct recruits and quota-based promotions for promoted officers; policy decisions not to continue or finance FTC Scheme are not struck down since they have taken effect but States and Union must adhere to constitutional guarantees and directions issued by the Court.

Court Disposition

Appeals and writ petitions partly allowed.

Orders

  • Refused to strike down Union of India's policy decision not to finance FTC Scheme beyond March 31, 2011.
  • States continuing FTC Scheme must adhere to their declared timelines.