LexMALIK MAZHAR SULTAN & ANR versus U P PUBLIC SERVICE COMMISSION & ORS IN THE MATTER OF: STATE OF HARYANA
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[2023] 12 S.C.R. 682 : 2023 INSC 860 682 CASE DETAILS MALIK MAZHAR SULTAN & ANR v. U P PUBLIC SERVICE COMMISSION & ORS IN THE MATTER OF: STATE OF HARYANA IA No. 53466 of 2022 in (Civil Appeal No. 1867 of 2006) SEPTEMBER 26, 2023 [DR DHANANJAYA Y CHANDRACHUD, CJI., J. B. PARDIWALA AND MANOJ MISRA, JJ.] HEADNOTES Issue for consideration: The State of Haryana sought a direction that it should be permitted to conduct the entire selection process of recruiting judicial offi cers through the Public Service Commission and the order dated 12.02.2009 should be modifi ed to facilitate this exercise. Judicial Service – Selection process – State Government sought selection process of recruiting judicial offi cers to be done through the Public Service Commission – State Government not able to place suffi cient material to warrant deviation from the course of action pursued since 2007: Held: The order dated 04.01.2007 of the Supreme Court specifi cally noted the importance of making timely appointments to the District Judiciary – Order dated 11.05.2007 found fault with the understanding of the High Court that the entire process would be carried out exclusively by the High Court – This order, however, was modifi ed on 12.02.2009 so as to allow the selection process which was then underway to be concluded by a process in which the Committee for selection composed of the Judges nominated by the Chief Justice and the representatives of the State and the Public Service Commission – The process which has been followed in the State of Haryana is that the State Government has notifi ed alterations in the Rules so as to facilitate the selection process to the judicial service being conducted under the supervision of a Committee consisting of three-Judges 683 of the High Court nominated by the Chief Justice, two representatives of the State Government and a member of the Public Service Commission – It is undisputed that since 2007, Rule 7B (Punjab Civil Service (Judicial Branch) Haryana Amendment Rules 2020) was substituted so as to allow the selection process to be conducted as mentioned above – If the State Government wished to bring about any change in that position, it was incumbent upon it to consult the High Court and to do so based on cogent material bearing on objective data indicating the justifi cation for abrogating the involvement of the High Court in conducting the selection examination and overseeing the process – However, the State Government has not placed suffi cient material to warrant a deviation from the course of action which has been pursued since 2007, for over fi fteen years, including, as recently as by the notifi cation dated 14.12.2020 – Accordingly, the request made by the State Government cannot be accepted. [Paras 20, 21, 23 and 24] OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL APPELLATE JURISDICTION: IA No.53466 of 2022 in Civil Appeal No. 1867 of 2006. From the Judgment and Order dated 21.10.2005 of the High Court of Judicature at Allahabad in CMWP No.40058 of 2005. Appearances: Lokesh Sinhal, Sr. AAG, Amit Anand Tiwari, Barun Kumar Sinha, A.A.Gs., Mrs. Aishwarya Bhati, A.S.G., Anoop Rattan, AG, P.S. Patwalia, Vijay Hansaria, Dr. Manish Singhvi, Jaideep Gupta, R. Bala, Sr. Advs., Ejaz Maqbool, Dr. Monika Gusain, Ashok Mathur, Ms. Sneha Kalita, Ms. Kavya Jhawar, Lakshmi Raman Singh, M. R. Shamshad, Shibashish Misra, Ms. Asha Gopalan Nair, Gaurav Sharma, Naresh K. Sharma, Vinod Sharma, G. N. Reddy, Rushab Aggarwal, Pashupathi Nath Razdan, Ms. Maitreyee Jagat Joshi, Ms. Riddhima Juneja, Japnish Singh Bhatia, Astik Gupta, Ms. Akanksha Tomar, P. I. Jose, James P. Thomas, Mrs. Naresh Bakshi, Anuvrat Sharma, Naresh Kumar, K. Parameshwar, Ms. Arti Gupta, Ms. Kanti, Chinmay Kalgaonkar, Sahil Tagotra, Ms. Abhivyakti Banerjee, Gajendra Singh Negi, Gaurav Agrawal, Raghvendra Kumar, Anand Kumar Dubey, Maneesh Pathak, Ms. Harsha Sharma, Arun K. Sinha, V. N. Raghupathy, MALIK MAZHAR SULTAN v. U P PUBLIC SERVICE COMMISSION SUPREME COURT REPORTS [2023] 12 S.C.R. 684 Manendra Pal Gupta, M. Bangaraswamy, Varun Varma, S. Shashank Reddy, Siddhartha Chowdhury, G. Prakash, M/s. Plr Chambers and Co., Ms. Deepanwita Priyanka, Ahanthem Henry, Maibam Nabaghanashyam Singh, Bharat Bagla, Aaditya Aniruddha Pande, Sourav Singh, Aditya Krishna, Milind Kumar, Gopal Singh, Ranjan Mukherjee, Kaushal Yadav, Nandlal Kumar Mishra, Pramod Kumar, Shafi k Ahmed, Arjun Raghuvanshi, Abhi
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