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Delhi High Court seeks assistance of Attorney General R Venkataramani in case challenging appointment of Judicial Assistants

Team SoOLEGAL 26 Aug 2023 4:18pm

Delhi High Court seeks assistance of Attorney General R Venkataramani in case challenging appointment of Judicial Assistants

New Delhi: The Delhi High Court has sought the assistance of Attorney General of India R   Venkataramani in deciding a petition challenging the alleged illegal appointment of over 50 Junior Judicial Assistants to the High Court.

The case poses serious constitutional and administrative difficulties, according to a division bench of Justices Manmohan and Mini Pushkarna, who asked the Attorney General to assist the Court as amicus curiae in an order issued on August 22,2023.

“This Court requests the learned Attorney General of India to assist this Court. Accordingly, Registry is directed to forward a copy of the paper book to the learned Attorney General of India with a request to assist this Court as an amicus curiae on the next date of hearing,” the Court stated.

The Bench further ordered that the original file including all of the minutes of the selection committee be placed on regard. It subsequently gave the High Court the liberty to file new affidavits and scheduled the matter for further hearing on September 21,2023.

The Court was hearing a plea brought by a group of serving Delhi High Court employees contesting the appointment of approximately 50 Junior Judicial Assistants as well as the orders dated October 16, 2018, November 17, 2018, and November 29, 2018.

It was said that these Junior Judicial Assistants were hired as Data Entry Operators on a contractual basis in 2012 for a term of just one year, with the understanding that they would not be eligible for regularization. However, by orders dated October 16, 2018 and November 17, 2018, they were appointed/regularized in the capacity of Junior Judicial Assistants (Data Entry) Ex-Cadre in contravention of the Recruitment Rules for the aforementioned post.

The Court was also informed that the High Court's Information Technology Committee (IT committee) reviewed a new representation of the respondents and recommended their regularizations on March 7, 2018.

However, the subject matter of this Court's recruitment and regularizations is under the purview of the selection committee, not the IT committee, and the IT committee did not take past decisions of the select committee into consideration, it was noted.

The High Court's counsel, on the other hand, questioned the plea's maintainability, claiming that it is in the nature of a public interest litigation.

The counsel said that services were regularized by the exercise of power under Rule 12 of the Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972, as a one-time measure in light of administrative exigencies.

It was argued that the data entry operators were regularized in a newly created ex-cadre post of Junior Judicial Assistant (Data Entry), for which no Recruitment Rules were prescribed, and that the IT committee's recommendation was presented to the then-acting Chief Justice for consideration and approval.



Tagged: Delhi High Court  
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