The court is going to make appointments against 696 permanent posts of CJJMs, the highest number being recruited in one go in the history of the provincial judiciary. STOCK IMAGE
The court is going to make appointments against 696 permanent posts of CJJMs, the highest number being recruited in one go in the history of the provincial judiciary. The LHC had earlier said in a statement on July 9, 2014, “Special emphasis will be laid on the recruitment process in the judiciary. There will be no room for induction on kinship basis. Lahore High Court as well as district judiciary are not proper recruiting agencies. Personnel at every level will be hired through constitutional bodies including the PPSC among others meant for recruiting staff.”
As per Rule 5 of the Punjab Judicial Service Rules 1994, appointment to the post of civil judge cum judicial magistrate could be made by initial recruitment on the recommendation of the PPC based on the result of a competitive examination.
Public Relations Assistant Registrar MB Shahid told The Express Tribune that they were going to make these appointments under a provision provided in PLD 2012, SC 649, a judgement of the Supreme Court that states, “the High Courts must retain a significant degree of ‘control’ over the appointment and selection process of judicial officers.” He said all legal requirements were fulfilled before taking this step.
An official at the LHC told The Express Tribune on the condition of anonymity that the court had approached the PPSC to initiate the recruitment process but the commission had wanted a long time. He said the LHC had been compelled to take the initiative as it could not afford to delay the process.
Advocate Tipu Salman Makhdoom, a practicing lawyer at the LHC, told The Express Tribune that the judiciary should benefit from the commission’s expertise to ensure that selections against the posts of civil judges cum judicial magistrates were based on merit. He said the commission was a constitutional body formed solely for this purpose.
He added that Rule 5 of the PPSC (Functions) 1978 empowered the chief minister to take away any post from the purview of the commission. The rules regarding recruitment say, “Notwithstanding anything contained in Rule 3, the chief minister may in the public interest, specify posts which may be filled without reference to the commission by persons possessing such qualifications and experience and in such manner as he may determine.” He said the law provided the “doctrine of necessity” for shortcuts. He said the practice must be stopped immediately.
In the past LHC has appointed CJJMs three times. The court was given the dispensation to fill 135 posts on April 15 in 2012; it was given power to recruit 100 civil judges on August 12 in 2006; it filled 299 posts of civil judges including 29 posts of lady judges on July 24 in 2009. The court has now invited online application from eligible candidates domiciled in the Punjab. Candidates are required to possess a law degree or membership of the Faculty of Advocates, an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland. They are also required to have practiced law for a period not less than two years.
Candidate should not be less than 22 years and not more than 35 years on February 14, 2015, (closing date). No relaxation shall be permitted in this regard. Candidates will have to appear for an MCQ test on March 8 that carries 100 marks. The test will include sections on civil law, criminal law, English and general knowledge. All sections will carry equal marks.
No candidate will be summoned for a viva voce unless they have obtained at least 45 percent marks in each section and 50 percent in the aggregate. No candidate shall be considered to have qualified for appointment unless they also obtain at least 50 percent in the viva voce.
Published in The Express Tribune, January 21st, 2015.
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This move is against the spirit of separation of power . The High court now working as a recruiting agency with out the capacity and expertise to do so . Contrary to the statutory requirement of recruiting in B.S 17 and above through the public service commission ,a ruling is quoted as justification that the High court should have considerable powers over recruitment . The Public Relations officer's statement is mincing the truth . Examination papers in this regard are set by Senior judicial officers who are also responsible for marking and during the interview at the commission at least two serving judges of the High court are nominated on the panel along with two members of the commission and the chairman to interview the candidates . The High court , through this dispensation has a clear say and reasonable control over the selection process . As regards timing and expeditious recruitment it could be worked out with the commission , the best course is to go for a screening test to bring the number of candidates within manageable limits . The present proposal to recruit directly is certainly going to raise some serious issues and will be by passing the constitutionally laid procedure . One hopes no such bad precedent will be set .