Supreme Court holds appointment of two Himachal judges wrong; but saves their job

Satya Prakash

New Delhi, November 22

Holding the procedure adopted by the Himachal Pradesh Public Service Commission and the state High Court in the selection of Civil Judge (Junior Divisions) in 2013 to be wrong, the Supreme Court has declared the appointments of two judicial officers to be irregular as they were appointed against posts which were never advertised.

A Bench of Justice CT Ravikumar and Justice Sudhansdhu Dhulia, however, reversed the Himachal Pradesh High Court’s 2021 verdict quashing the appointment of Vivek Kaisth and Akansha Dogra as Civil Judge (Junior Divisions) and refused to unseat them in view of the fact that they have already rendered over 10 years’ service and that there was no fault on their part.

They have also been promoted to the next higher post of Civil Judge (Sr. Division) on March 23, 2023, the Bench noted in its November 20 judgment.

“In this process of their selection and appointment (which has obviously benefitted them), nothing has been brought to our notice which may suggest any favouritism, nepotism or so-called blame as to the conduct of these two appellants, in securing these appointments,” the top court said, while using its powers under Article 142 of the Constitution to save their appointment.

“We also make it clear that the present litigation which the appellants (Kaisth and Dogra) have gone through will not come in the way of these judicial officers in any manner, as far as their judicial career is concerned. They shall be treated at par with the other appointees on the post of Civil Judge (Junior Division) for that year,” the top court said.

The Himachal Pradesh Public Service Commission invited applications against eight vacancies – six existing and two anticipated — for the post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service on February 1, 2013.

The preliminary examination was held on May 12, 2013 and the results were declared on June 15, 2013. The main written examination was held between July 15 and July 18, 2013. Eighty candidates qualified in the written examination and were called for the interview on October 7-8, 2013.

Eight candidates were declared selected – six against existing and two against anticipated vacancies. The names of Kaisth and Dogra didn’t figure in the list and they were included later through a notification dated December 27, 2013 issued by the state government.

On a petition challenging their selection, the Himachal Pradesh High Court on September 20, 2021 declared their two selections and appointments to be illegal and quashed, forcing Kaisth and Dogra to challenge it before the top court.

The top court said, “It is clear that the appointment of the appellants (Kaisth and Dogra) was made on posts which were not advertised and in fact did not even exist at the time when the advertisement was made. The anomaly made in the selection/appointment of these two candidates is quite apparent.”

Noting that the high court has placed the entire blame on the post-selection exercise undertaken by the Commission, the Bench said, “This is not the correct position, though undoubtedly the Commission as the selecting authority must ultimately bear the brunt, yet the blame must be shared equally by the State Government and the High Court.”