The Hindu : Tamil Nadu News : High Court order on filling vacancies in civil judges cadre stayed

Online edition of India's National Newspaper
Sunday, Jun 03, 2007
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Tamil Nadu

Tamil Nadu

High Court order on filling vacancies in civil judges cadre stayed

J. Venkatesan

Supreme Court to examine whether High Court can devise own procedure

New Delhi: The Supreme Court will examine whether the Madras High Court can devise its own procedure to hold a written examination for filling vacancies in the civil judges cadre (junior division) contrary to the rules issued by the State Government in consultation with the High Court in January this year.

A Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran recently stayed a Madras High Court order passed on a suo motu petition from the Registrar General that the High Court would set the question papers for the test, correct the answer papers and select the candidates.

Additional Solicitor General Gopal Subramanian and counsel Harish Kumar appeared for the Tamil Nadu Public Service Commission, which appealed against the High Court order dated March 23. The TNPSC submitted that if the impugned order were implemented, it would take away the powers and functions of the Commission to fill the vacancies. The Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007, prescribed the procedure for conducting the written examination by the TNPSC; for preparing the question paper, evaluating the answer sheets and selecting the candidates in consultation with the High Court.

The TNPSC said the impugned order was liable to be set aside as the High Court had exceeded its jurisdiction and usurped the jurisdiction and powers of the Commission vested in it under Article 320 of the Constitution.

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