MALIK MAZHAR SULTAN & ANR versus U P PUBLIC SERVICE COMMISSION & ORS IN THE MATTER OF: STATE OF HARYANA

MALIK MAZHAR SULTAN & ANR versus U P PUBLIC SERVICE COMMISSION & ORS IN THE MATTER OF: STATE OF HARYANA

The State of Haryana failed to place sufficient cogent material to justify deviating from the consistent selection process followed since 2007, which entrusts recruitment to a Selection Committee including three High Court judges nominated by the Chief Justice and representatives of the State and the Public Service Commission; accordingly the Court dismissed the State's application to permit the PSC to conduct the entire process and directed that the pending recruitment of 175 Junior Civil Judges be completed by the specified Committee with PSC logistical support within the stated timeframe.

Parties
Appellants: Malik Mazhar Sultan & Anr; Respondents: U P Public Service Commission & Ors; Applicant: State of Haryana
Jurisdiction
India
Judgment Date
26 September 2023
Procedural Posture
Civil Appeal / Interlocutory Application (ia No. 53466 of 2022 in Civil Appeal No. 1867 of 2006)
Outcome
Interlocutory application dismissed
Legal Topics
Judicial Service Recruitment, Public Service Commission, High Court Supervision of Appointments, Rule Making Under Articles 234 and 309
Constitutional Law Administrative Law Service Law Judicial Appointments Judicial Service Recruitment Public Service Commission High Court Supervision of Appointments Rule Making Under Articles 234 and 309

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Parties

Malik Mazhar Sultan & Anr

Appellants

U P Public Service Commission & Ors

Respondents

State of Haryana

Applicant

Procedural Posture

Civil Appeal / Interlocutory Application (ia No. 53466 of 2022 in Civil Appeal No. 1867 of 2006)

Legal Issues

  1. 1 Whether the State of Haryana may be permitted to conduct the entire selection process for recruitment to the Judicial Branch through the State Public Service Commission contrary to the selection process followed since 2007 under a Selection Committee including High Court judges
  2. 2 Whether the order dated 12 February 2009 should be modified to allow the State to conduct the recruitment through the Public Service Commission

Ratio Decidendi

The State of Haryana failed to place sufficient cogent material to justify deviating from the consistent selection process followed since 2007, which entrusts recruitment to a Selection Committee including three High Court judges nominated by the Chief Justice and representatives of the State and the Public Service Commission; accordingly the Court dismissed the State's application to permit the PSC to conduct the entire process and directed that the pending recruitment of 175 Junior Civil Judges be completed by the specified Committee with PSC logistical support within the stated timeframe.

Court Disposition

Interlocutory application dismissed

Orders

  • IA No. 53466 of 2022 dismissed
  • State Government to, within two weeks, take necessary steps to ensure recruitment of 175 vacancies of Junior Civil Judges is conducted by a Committee consisting of (i) three Judges of the High Court nominated by the Chief Justice; (ii) the Chief Secretary of the State of Haryana; (iii) the Advocate General of...