Initiation of recruitment process for Rajasthan Judicial Services - Civil Judge Cadre

Initiation of recruitment process for Rajasthan Judicial Services - Civil Judge Cadre

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Juris Foundation started this petition to Advocates and LL.B. Graduates

Rajasthan Judicial Services Examination for recruitment in the Civil Judge Cadre is conducted on a yearly basis by the Hon’ble Rajasthan High Court. However, due to the current pandemic situation, the said recruitment process has been significantly halted and the delay in recruitment process has been causing grave prejudice to the RJS aspirants as well as unreasonably further delaying the recruitment on the post of Civil Judge in the state of Rajasthan which are lying vacant since the year 2019. Simultaneously, it is also understandable that such delay is solely attributable to the current pandemic situation which is duly acknowledged by the RJS aspirants.

In view of the aforesaid conflicting interests, it is also relevant to note here that while balancing such conflicting social interests, the Hon’ble High Courts/appropriate recruiting authorities in many other states have initiated the recruitment process for their respective judicial services examination since the very inception of the current pandemic situation i.e. March, 2020. Moreover, it also pertinent to note here that on 05.01.2021, one Notification No. RHC/Exam Cell/RJS/DJC/2021/05 was issued by the Hon’ble Rajasthan High Court for direct recruitment to the cadre of District Judge 2020 wherein the process of online application has been completed. Howbeit, no such substantial action has been taken with respect to initiation of recruitment process for Rajasthan Judicial Services Examination - Civil Judge Cadre.

In addition to the aforesaid, it would be appropriate to mention here that as per Rule 8 read with Schedule – III of the Rajasthan Judicial Service Rules, 2010, it has been expressly provided that examination for filling up of the vacancies in Civil Judge Cadre shall be conducted by the Recruiting Authority on or before the dates specified in the Schedule-III. Further, in this regard, reference is made to the judgement of the Hon’ble Supreme Court in Malik Mazhar Sultan (3) v. Uttar Pradesh Public Service Commission (2008) 17 SCC 703 wherein the Hon’ble Supreme Court issued express directions with respect to timely filling up of vacancies in state judicial services. In the said judgement, timeline was prescribed by the Hon’ble Supreme Court within which the process of yearly recruitment of judicial officers is to be completed by the appropriate recruiting authorities and a report regarding filling up of vacancies is to be sent to the Registrar General of the Hon’ble Supreme Court by 31st January of every year with copies to Minister of Law and Justice in the Central Government and the Law Minister of the State concerned. Despite the aforesaid position of law, no substantial action has been taken to initiate the recruitment process for Rajasthan Judicial Services Examination - Civil Judge Cadre.

In light of the aforesaid, it is necessary that appropriate steps may kindly be taken by the appropriate recruiting authority to initiate the recruitment process for Rajasthan Judicial Services Examination - Civil Judge Cadre in the best interests of RJS aspirants as well as public interest involved therein.

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