SC modifies order on eligibility criteria for Civil Judges in Delhi for promotion as District Judges

A three-judge bench of Justices L Nageswara Rao, B R Gavai, and Aniruddha Bose said the Civil Judges having seven years of qualifying service (five years as Civil Judge (Junior Division) and two years as Civil Judge (Senior Division)] or 10 years qualifying service as Civil Judge (Junior Division) will be eligible for promotion as District Judges strictly based on merit through LDCE.

As per the earlier policy, the eligibility for LDCE promotion was the requirement of five years of qualifying service as a Civil Judge (Senior Division) and 10 years total qualifying as a Civil Judge (Junior Division).

“We direct that henceforth only 10 per cent of the cadre strength of District Judges be filled up by Limited Departmental Competitive Examination with those candidates who have qualified service of seven years (five years as Civil Judge (Junior Division) and two years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge(Junior Division),” the bench said.

The apex court said the very purpose for providing the channel of promotion through LDCE was to provide an incentive to the officers amongst the relatively junior officers to improve and to compete with each other so as to excel and get a quicker promotion.

The top court said that it is not in dispute that in the High Court of Delhi, the nature of work to be performed by the Civil Judge (Junior Division) and Civil Judge (Senior Division) is the same.

“This is a peculiar situation prevailing in the High Court of Delhi where except for the difference in Pay-scale, there is no difference with regard to the powers to be exercised and the duties to be discharged by the said judges. It is also not in dispute that the present ratio of Civil Judge (Junior Division) to Civil Judge (Senior Division) is 80:20.

“The High Court of Delhi has already moved the Principal Secretary (LJ & LA), Government of NCT of Delhi for the increase of quota of Civil Judge (Senior Division) to 25 per cent from 20 per cent i.e. an increase 12 from 96 Civil Judges (Senior Division) to 121 Civil Judges (Senior Division), out of a total strength of 482,” the top court said.

The order came on pleas filed by two judicial officers in the cadre of Delhi Judicial Service.