Higher Judicial Services (Recruitment and Conditions of Service) Rules, 2017 (Madhya Pradesh) -Rule 11 – the Petitioners are not entitled to the relief of the 2017 Rules being given retrospective effect. According to Rule 11 (1) of the 2017 Rules, the relative seniority of members of service working on the date of commencement of the Rules shall not be disturbed. The roster shall be prepared and maintained only after the commencement of operation of the Rules. The Petitioners cannot claim that their seniority has to be reworked on the basis of roster. AIR 2021 SC 3898 : 2021 (8) SCALE 518
L. NAGESWARA RAO; J.
Higher Judicial Service (Recruitment and Conditions of Service) Rules – The reason for introduction of promotion through Limited Competitive Examinations (LCE) is to improve the calibre of the members of Higher Judicial Services. Such of those meritorious candidates who have been promoted on the basis of LCE cannot be deprived of their seniority on the basis of merit in the examination. In any event, 50 per cent of the posts of District Judges shall be filled by promotion on the principle of merit-cum-seniority. AIR 2021 SC 3892 : 2021 (9) SCALE 373