Report No. 116
Recruitment by Promotion
5.6. Members of the State Judicial Service who have put in not less than ten years of service would be eligible for being considered for promotion to Indian Judicial Service. Depending upon the sanctioned strength of the Indian Judicial Service for each State, 407% of the posts shall be filled in by promotion from State Judicial Service. In order to select eligible persons for promotion, a small committee of two persons from amongst the members of the National Judicial Service Commission will be set up for each State. To this committee, the Chief Justice of the High Court having jurisdiction in the State wherein candidates are to be selected for promotion will be co-opted. The promotion will be on the basis of a written test and viva voce examination. The written test shall be conducted on an all-India basis. The committee as herein indicated will conduct the viva voce test.
At one stage it was suggested that the High Court of the concerned State should be charged with a duty to make recommendation. Without any disrespect, this approach is likely to attract the criticism that it may have the inbuilt tendency to promote regionalism and parochialism and, even in some States, casteism. In order to put the matter beyond the pale of controversy, the viva voce test should be conducted by the committee as herein indicated. The annual confidential reports maintained by the High Court of each State for the members of the State Judicial Service shall also be taken into consideration. On a combined reading of the performance at the written test, viva voce and the annual confidential reports, the candidates would be selected for promotion to Indian Judicial Service. Unless a case of outstanding merit is made out, those selected at one time would retain their inter se seniority as in the cadre from which they are being promoted.