Recognising
the importance of a transparent procedure to be adopted by the High Courts in
appointing employees, the Supreme Court of India (“Supreme Court”) has
recently issued certain directions regarding the same (Renu
& Ors. v. District & Sessions Judge, Tis Hazari & Anr.)
In
the judgment
delivered by Justice B.S. Chauhan (for three –judge bench which also included
Justice J. Chelameswar and M.Y. Eqbal), it has been emphasised that the
administrative power exercised by the Chief Justice of a High Court under
Article 229 Constitution of India, 1950 (“Constitution”) should be in conformity with Articles 14 and 16. That is, Chief Justice cannot make appointments in
contravention with Statutory Rules, and has to be in consonance with the
Constitution.
Article 229 of the Constitution
provides that ‘officers and servants’ of
the High Court shall be made by the Chief Justice of that Court or such Judge or
officer of the Court as he may direct. Article 235 of the Constitution
confers power upon the concerned High Court to exercise administrative control
over subordinate courts. Emphasising that employment (of all the classes) in the High Court or courts subordinate to it falls within the definition of ‘public employment’, it was held that the same
should be carried through in a constitutional manner.
Following
are the directions which were issued by the court in this judgment:
i)
All
High Courts are requested to re-examine the statutory rules dealing with the
appointment of staff in the High Court as well as in the subordinate courts and
in case any of the rule is not in conformity and consonance with the provisions
of Articles 14 and 16 of the Constitution, the same may be modified.
