Summary
Two Delhi judicial officers and the Delhi High Court sought modification of qualifying service for promotion through the limited departmental competitive examination. Given Delhi’s identical functions for junior- and senior-division Civil Judges and the resulting frustration of the merit-promotion route, the Court permitted eligibility on seven years comprising five junior-division and two senior-division years, or ten years as a junior-division Civil Judge. The modification applied only to the Delhi Higher Judicial Service.
Issues
- Whether Delhi’s particular judicial-service structure justified modifying the qualifying-service requirement for the LDCE promotion route.
Held
- The LDCE route was designed to encourage relatively junior officers to improve, compete and secure quicker merit-based promotion. In Delhi, junior- and senior-division Civil Judges performed the same functions, while the cadre structure prevented the route from effectively serving that purpose. (¶¶ 4-5, 11-14)
- For DHJS only, the earlier directions were modified to permit candidates with seven years’ qualifying service comprising five years as Civil Judge (Junior Division) and two as Civil Judge (Senior Division), or ten years’ qualifying service as Civil Judge (Junior Division). The operative ten-percent LDCE quota was retained. (¶ 17-18)
- The Delhi High Court had already reserved two seats for the applicants. No further orders were therefore necessary on their connected participation, seat-reservation and impleadment applications. The order altered eligibility rather than granting promotion on merits. (¶ 15-17)
Result
I.A. Nos.89454 of 2021 and 249 of 2009 allowed in the specified terms. The qualifying-service modifications were expressly confined to DHJS. No orders were necessary on the identified connected applications in view of the High Court’s reservation of two seats.