NEW DELHI: The Supreme Court has directed all the States and Union Territories and the High Courts to evolve a mechanism and time frame to speedily determine and fill vacancies of judges at all levels.

A Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker said: "Non-filling of vacancies for a long time not only results in avoidable litigation but also results in creeping of frustration of candidates. Further, non-filling of vacancies deprives the people of the services of judicial officers. This is one of the reasons for the huge pendency of cases in the courts."

Writing the judgment, Mr. Justice Sabharwal said that for filling the vacancies "timely steps are required to be taken for determination of vacancies, issue of advertisement, conducting of examinations, interviews, declaration of the final results and issue of orders of appointments. For all these and other steps, if any, it is necessary to provide for a fixed time schedule." The Bench said: "The dates for taking these steps can be provided for on the pattern similar to filling of vacancies in some other services or filling of seats in medical colleges."

Adherence to strict time schedule could ensure timely filling of vacancies.

The Judges directed all the State Governments, Union Territories and High Courts to frame a time schedule and file details and the date from which it would be operational in the apex court. The Bench gave the directions on an appeal filed by Malik Mazhar Sultan challenging a judgment of the Allahabad High Court excluding his candidature for appointment to the post of Civil Judge (Junior Division) in Uttar Pradesh on the ground that he did not fulfil the age criterion. The High Court held that only those candidates who had the requisite age as on July 1, 2003 were eligible.

However, the Supreme Court allowed the appeal holding that those who were eligible as on July 1, 2002 and also those who were eligible on July 1, 2004 would be eligible to be considered for appointment.

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