(H.L. Dattu, C.J. and A.K. Sikri and Arun Mishra, JJ.)
Malik Mazhar Sultan and Anr. __________________ Appellant(s)
v.
U.P. Public Service Commission & Ors. ___________ Respondent(s)
I.A. Nos. 127-129/2014 in Civil Appeal No(s). 1867/2006, decided on January 20, 2015
(for directions and office report) With W.P.(C) No. 403/2014 (With appln.(s) for stay and impleadment and Office Report)
The Order of the court was delivered by
Order
1. By our order dated 7.7.2014, while entertaining the Writ Petition(C) No. 403 of 2014, we had granted “status quo” order as of that date.
2. Now, I.A. Nos. 127 and 128 of 2014 have been filed on behalf of the High Court of Andhra Pradesh and Telangana. The prayer in these applications is to clarify the order passed by us on 7.7.2014 and further request the High Court to continue the process of recruitment of Civil Judges (both Senior and Junior Division) and also recruitment/promotions of District Judges (both direct as well as promotions).
3. In our view, the subject matter of the writ petition has nothing to do with the proceedings initiated by the High Court for recruitment of Judicial Officers. Since there is some apprehension in the mind of the applicants and the respondents, we clarify that the “status quo” order passed by us in the Writ Petition will nto come in the way of High Court intiating and also completing the process where proceedings are already initiated for recruitment of Judicial Officers in the States of Andhra Pradesh and Telangana by the High Court of Andhra Pradesh.
4. Now, it is brought to our notice by Mr. P.P. Rao, learned senior counsel that the State Government has issued a Government Order dated 16.05.2014 banning the recruitments/appointments/transfers/promotions etc.
5. In view of this subsequent development, we clarify that the order issued by the State Government will also not come in the way of the High Court in proceeding with the recruitment process which they have already initiated or which they would initiate in future.
6. Accordingly, we dispose of I.A. Nos. 127, 128 and 129 of 2014.
7. The High Court is granted another six months’ from today to complete the recruitment process.
I.A. Nos. 2 and 3 in W.P.(C) NO. 403 of 2014:
8. The prayers made in the interlocutory applications for impleadment are allowed.
9. Learned counsel for the petitioner is requested to amend the Memo of parties within four weeks’ time from today.
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