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HC directs to fill civil judges posts from existing merit list

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Published on 3 March 2016 12:58 PM GMT

HC directs to fill civil judges posts from existing merit list
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Allahabad: The Allahabad High Court has directed state government to fill the vacant posts of UP civil judges ( Junior Division) from among the candidates who are next in merit, within 3 months. These posts of Civil Judge (Junior Division), lying vacant, were part of the advertisement dated May 23, 2013 for 125 posts for U.P. Civil Judge (Junior Division) under U.P. Nyayik Sewa.

A division bench comprised of Justice VK Shukla and Justice MC Tripathi passed the order on a petition filed by one Nadeem Anwar seeking his appointment on the post of Civil Judge (Junior Division) as he was next in the merit where merit list ended.

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

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