MADHUMITA DAS AND ORS. versus STATE OF ORISSA AND ORS.

MADHUMITA DAS AND ORS. versus STATE OF ORISSA AND ORS.

Selection process pursuant to Advertisement No.1 of 2008 will proceed only for 7 posts, not the 9 held by petitioners, who will continue in their posts until further High Court order. As regular vacancies arise, their cases will be considered without need for appearing in competitive examination, applying same...

Source-derived case information.

Parties
Petitioner: Madhumita Das and Ors.; Respondent: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
11 June 2008
Procedural Posture
Writ Petition (civil) / Order on Interim Relief; Matter to Be Listed First Week of September 2008
Outcome
Petitioners shall continue to hold their posts until further orders; selection for advertised posts limited to 7; petitioners need not appear in exam for District Judge cadre; their suitability to be duly considered as regular vacancies arise.
Legal Topics
Higher Judicial Service Recruitment, Direct Recruitment of Additional District Judges, Eligibility Criteria for Judicial Officers, Absorption of Ad Hoc Judges
Judiciary Service Law Higher Judicial Service Recruitment Direct Recruitment of Additional District Judges Eligibility Criteria for Judicial Officers Absorption of Ad Hoc Judges

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Parties

Madhumita Das and Ors.

Petitioner

State of Orissa and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Order on Interim Relief; Matter to Be Listed First Week of September 2008

Legal Issues

  1. 1 Whether Advertisement No.1 of 2008 can include posts currently held by ad-hoc Additional District Judges
  2. 2 Whether eligibility criteria in the advertisement unfairly excludes petitioners
  3. 3 Whether petitioners' performance should be evaluated using the same yardsticks as other judicial officers

Ratio Decidendi

Selection process pursuant to Advertisement No.1 of 2008 will proceed only for 7 posts, not the 9 held by petitioners, who will continue in their posts until further High Court order. As regular vacancies arise, their cases will be considered without need for appearing in competitive examination, applying same performance criteria as for other Judicial Officers.

Court Disposition

Petitioners shall continue to hold their posts until further orders; selection for advertised posts limited to 7; petitioners need not appear in exam for District Judge cadre; their suitability to be duly considered as regular vacancies arise.

Orders

  • Selection process as per Advertisement No. 1 of 2008 permitted only for 7 posts, excluding 9 posts held by petitioners.
  • Petitioners to continue as ad-hoc Additional District Judges until further High Court orders.