A step towards access to speedy and quality justice

Higher judicial service rules 1994 amended

Bhopal, September 8, 2015 (Ataullah Faizan):  With a view to providing access to quality and timely justice Madhya Pradesh government has recently amended Higher Judicial Service Rules 1994. In furtherance of its commitment to providing speedy justice the state government has from time to time increased the sanctioned strength of higher judicial service level and presently there are 505 such sanctioned posts. Principal Secretary, Law Mr. Virendar Singh informed that on the basis of recommendations of Shetty Commission, the state government amended the Higher Judicial Service Rules in June 2005 earmarking 25 percent posts to be filled by direct recruitment from Bar. Mr. Singh said that the amendment was necessitated because the experience showed that sufficient number of deserving candidates are not available through direct recruitment from Bar. In last 10 years against aggregate 394 advertised posts in the Higher Judicial Service Cadre, only 37 candidates could be selected from Bar. As on today more than 90 ADJ courts are lying vacant out of total sanctioned strength of 505 posts.

Had these posts been filled up it could have facilitated disposal of 55,000 additional number of cases. The primary reason for amendment was to ensure that no post of subordinate judiciary and more so of the level of Additional District Judge remain vacant for more than two consecutive selection process,. The Principal Secretary said that under the amended rules there is no dilution of posts to be filled up by direct recruitment from Bar. A strict time-frame has been provided for filling up the posts by direct recruitment from Bar. If such posts remain unfilled inspite of two consecutive selection processes, the same are then to be filled strictly on the basis of merit from amongst the Civil Judges(senior division) having not less than 7 years of aggregate judicial services and if attained the age of 35 years.

Amended rules do not compromise on quality in the process of selection and the selection of in-service judges would not be as a matter of course. Stringent examination pattern has been evolved to ensure that best candidates are chooses, as in the case of advocates. The existing process for direct recruitment from Bar ensures fairness and transparency at every level. The selection process is conducted with full security measures and the entire data is preserved on real time basis. Norms have bee specified for steps to be taken at every level ensuring fairness and transparency in the examination.