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Supreme CourtFull Bench(2001) 01 SC CK 0089

Delhi Bar Association vs Union of India (UOI) and Others

Supreme Court Of India · Decided on 3 January 2001 · Citation: AIR 2001 SC 2412 : (2001) AIRSCW 2274 : (2001) 3 ARBLR 2 : (2001) 106 CompCas 852 : (2001) 3 CompLJ 1 : (2001) 1 JT 603 Supp : (2001) 4 SCALE 102 : (2001) 5 SCC 751 : (2001) 3 SCR 236 : (2001) 4 Supreme 42 : (2001) 2 UJ 1315

HON’BLE JUDGES
R. P. Sethi, J · D. P. Mohapatra, J · B. N. Kirpal, J
CASE NUMBER
Writ Petition (C) No''s. 437, 451 and 474 of 2000
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Judgment

7 paragraphs · 373 words
1.

Mr. Mukul Rohtagi, learned Addl. Solicitor General, brings to our notice that there is an order of stay passed by this Court which is hindering the recruitment of the Judicial Officers. Hopefully, that petition will be disposed of at an early date and/ or the interim orders varied so as to permit recruitment to be made to the Delhi Judicial Service.

2.

Affidavits have been filed on behalf of the Union of India and the Delhi High Court. Affidavits by the Bar Associations and the Delhi Government be filed within two weeks. Rejoinder, if any, be filed within two weeks thereafter.

3.

Mr. Rohtagi also informs us that in the last recruitment only 6 persons were selected though 40 vacancies were advertised. It is indeed surprising that not more than 6 persons were regarded as being of suitable material, so to say, to be appointed as Judges. What has to be seen is the potential in the candiate:

Whether a person is intelligent and will in due course of time become a good Judge. It may not be necessary for him to be academically brilliant or knowing all the law at the time when the process of selection is undertaken. What has to be seen is, as we have already observed, whether the candidate has the attributes of becoming a good Judicial Officer, namely, integrity, honesty, basic knowledge of law and robust common sense. We hope that in future more Judicial Officers would be selected and efforts should be made to advertise for the remaining vacancies also to be filled.

4.

The learned Solicitor General will take instructions and inform the Court on the next date as to when the Central Government will vacate the permises in their occupation in Patiala House and when the offices in occupation of the Delhi Administration will be vacated from Tees Hazari. Under no circumstances, should these offices continue to be occupied by the Administrative Wing of the Government beyond 31st March, 2001.

5.

Mr Rohtagi also states that about 15 Court-Rooms are still vacant in Karkardooma Court. We direct that sufficient number of Judicial Officers be deputed so as to ensure that all Court-Rooms become function by 1st Feburary, 2001.

6.

List after six weeks.