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Renu and Others v. District & Sessions Judge, Tis Hazari and Another

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 979 of 2014)Decided 12 Feb 2014
Civil Appeal No. 979 of 2014
Justice B.S. Chauhan · Justice J. Chelameswar · Justice M.Y. Eqbal

Background

A dispute about repeatedly renewed short-term appointments of court employees expanded into a review of recruitment practices in courts across India. High Courts and states were asked to respond to concerns about irregular appointments and favouritism. The Court considered how to secure equal opportunity and reduce repeated ad hoc hiring.

Decision Breakdown

The Court disposed of the appeal with directions requiring court-staff recruitment to comply with statutory rules and constitutional equality requirements. Vacancies ordinarily had to be advertised in at least two newspapers, including a widely circulated vernacular newspaper, followed by screening for eligibility and suitability and compliance with reservation policy. Appointments contrary to those requirements would be invalid, subject to recognised rule-based exceptions such as compassionate appointment. High Courts were asked to consider centralised subordinate-court recruitment within six months and arrange recruitment at least annually. Judicial administrative independence did not permit arbitrary hiring.

Lesson Learnt

Court jobs are public employment and ordinarily must offer eligible people a fair, advertised opportunity to compete. Administrative authority does not validate appointments made outside the applicable recruitment rules.

Official source (sci.gov.in)View Judgment (PDF)

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