Southern States - Tamil Nadu   

Why not exempt judiciary from recruitment ban?

By A. Subramani

CHENNAI MARCH 11. The Madras High Court today suggested that the State Government consider exempting the judiciary from the general ban on job recruitment, on the lines of police, medical and teaching services.

"If you (Government) accept the importance of the police, medical and educational services, why can't you appreciate the importance of judicial service too? You yourself are carving out exceptions", the Chief Justice, B. Subhashan Reddy, said when a writ petition filed by the HC Registrar-General seeking appointment in judicial and judicial-ministerial vacancies came up for hearing.

While there are 1,405 clerical vacancies including stenos and typists, 87 judicial magistrate posts have also been lying vacant for quite some time now. None of the posts could be filled through employment exchanges and the Service Commission as recruitments to all sectors, except the three essential services, have been banned as an austerity measure.

On the Government Pleader's submission that the State had taken steps to fill 39 posts of judicial magistrate, the Chief Justice pointed out that the notification itself could be declared void as it specified that only those with four years of bar experience could apply, whereas the Supreme Court had clearly ruled that no bar experience was necessary.

Conceding that the State's reluctance to create new posts was understandable given the financial implications, Mr. Justice Reddy, however, said the failure to fill even sanctioned posts would affect the very performance of the judiciary itself. While the per-judge disposal ratio of the High Court was more than 6,000 last year, the subordinate court ratio was over 400. "Had the vacancies been promptly filled, we could have bettered the achievement".

When the Advocate-General, N.R. Chandran, said over 52,000 posts were lying vacant because of the recruitment ban, Mr. Justice Reddy said they were all executive posts, whereas the ones under consideration now were of a judicial nature. Mr. Chandran said the Government was conscious of the urgency in the matter and that it would be considered. On his plea, the matter was adjourned to March 19 for further hearing, but not before the Chief Justice pointed out that the Government had only about 20 days to fulfil the Supreme Court directive on improving the judicial strength.

Meanwhile, the Registrar-General, K. Jayaraman, offered to file an additional affidavit and said the Registry would forward new rules incorporating all requirements of the apex court verdict to the Government by Wednesday.

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