HC directs to fill civil judges posts from existing merit list
Advocate Siddharth Khare appearing for petitioner argued, “ As per amended UP Judicial Service Rules 2012, a waiting list of 10 per cent must be prepared and once candidate whose candidature has been recommended failed to join and his candidature stood cancelled, then in such a case steps should be taken for filling up the same from wait-listed candidates as here the life of select list has been subsisting.”Respondent counsel’s contention was that by various government orders state of has restrained filling of vacancies from wait list.
The Bench on this observed, “ Government Orders in question would not at all be applicable in reference of the life span of the select list in question. Once the Rules in question are specific and the law on the subject is clear then in case any executive instructions are running counter to the statutory Rules, then executive instructions should give way to the statutory Rules in question.
The Court has directed that procedure of filling of vacancies should be completed in accordance with law, within next three months