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This is an archive article published on October 30, 2009

Judges’ group protests ad inviting lawyers to apply for judicial posts

A group of judges from courts across Delhi say lawyers are marring their chances of promotion.

A group of judges from courts across Delhi say lawyers are marring their chances of promotion.

The Delhi Judicial Services Association led by its president and Additional District and Sessions Judge D K Sharma allege that more and more lawyers are being directly recruited to higher judicial seats,much to the chagrin of junior judges in the Capital.

The judges’ alliance introduces itself as “an association of judicial officers of the Delhi Judicial Services as well as promotee officers belonging to the cadre of Delhi Higher Judicial Services concerned and entrusted with the collective interests of members”.

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The association is now protesting against a public advertisement issued by the Delhi High Court on September 7,2009,inviting lawyers to apply for 10 vacant posts in the Capital’s higher judiciary.

The entry point to the higher judicial services in Delhi starts at the level of the Additional District Judge or District Judge.

As per the Delhi Higher Judicial Services Rules,candidates to the higher judiciary are selected from both the lower judiciary and from lawyers.

For an authorised strength of 203 posts in the higher judiciary,two-third is reserved for judicial officers and only a quota of one-third seats is kept aside for “direct recruitment” from among lawyers.

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The association on Wednesday challenged the legality of the advertisement before a Division Bench led by Badar Durrez Ahamed,asking why the High Court is keen on more lawyers joining the higher judiciary at the cost of causing “serious prejudice” to subordinate judicial officers.

The judges’ group submitted that such advertisements affected the “incentive of relatively junior judicial officers to improve and compete with each other so as to excel and get quicker promotions”.

The court has,in its next hearing on Thursday,asked the association to make a “representation” of their complaint before the administrative section of the High Court. It adjourned the case to November 13.

The association alleged that the recruitment of lawyers has already been in excess of their one-third quota,and an advertisement for 10 more would amount to a “grave imbalance much to the detriment” of the subordinate judges.

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“Vacancies cannot be diverted or made available to be filled through direct recruitments unless there exists a vacancy in the quota of direct recruitment,which as of today is already in excess,” their petition said.

It went on to add that “this ad for 10 posts to be filled through direct recruitment would be impermissible in law”.   

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