LATEST RECRUITMENT SCAM IN DELHI HIGH COURT

This is an email I have received just now. I have deleted the name of the sender. The reader can draw his own conclusions

LATEST RECRUITMENT SCAM IN DELHI HIGH COURT

To mark_katju@yahoo.co.in  Today at 10:29 AM

Your Lordship,

I write to you on a matter of great concern. Time and again through your judgments, editorial columns in prominent newspapers and facebook posts you have highlighted various problems which plagued the Indian society, the police atrocities as well as the various malpractices prevalent in the judiciary in India. You also have authored the landmark judgment of ''Sakiri Vasu v. State of U.P'' highlighting the doctrine of implied power and many other landmark judgments.

The present case which now I want to brought to your kind notice is a glaring example of malpractice going on in the recruitment to the lower judiciary through Delhi High Court. This latest case is a classic example of delay, favoritism, nepotism, arbitrariness and complete negation of judicial ethics by the Delhi High Court. It is an ordeal of hundreds of lower judiciary aspirants who recently suffered due to nepotism in Delhi High Court.

The factual matrix of the case is that:  The recruitment notification of the Delhi Judicial Services 2014 examination was issued way back in February, 2014. The Mains examinations were already being held last year on 11 and 12th of October, 2014. More than six months have elapsed since then but the result of Mains examination were not declared. After seven months the results of Mains exam were declared (whose copy is enclosed as attachment) on 1st May, 2015. To the shock of hundreds of judiciary aspirants, only FIFTEEN candidates were declared as qualified.

What raises the eyebrows is the fact that the candidate who topped the exam with roll number 543 (copy of this result enclosed as an attachment) is the daughter of O.P. Gauba who is one of the sitting judge of Delhi High Court. Another Candidate whose name is with roll number 407 is the daughter of one of the sitting judge of Delhi High Court namely V.P. Vaish. Rest of the thirteen candidates barely managed to secure the minimum qualifying marks. This fact is mainly inferential but does not this call for a probe into the matter that how only these handful of selected candidates with such an influential background managed to clear the exams with flying colours when rest of the 654 candidates were failed by huge margins. Is this not to be termed as arbitrary marking and checking of answer sheets so as to promote ones own sons and daughters.

Another interesting fact is that total number of vacancies notified are 80. As per the recruitment notification students upto three times of the notified vacancies, which comes out to 240 (three times of 80), were to be selected for interview. But only 15 candidates were selected for interview. This obviously indicated that something is rotten in the Delhi High Court. This result is not an outcome of some strict evaluation or anything. It is a deliberate act to ensure that only handful people get through the process of becoming judges. It beats all imagination that out of total 659 candidates only 15 were selected and that too after a gap of seven months from the date of exam. In those selected candidates the majority are the relatives of sitting judges of Delhi High Court.

There is a well known maxim that ''NO ONE SHOULD BE A JUDGE IN HIS OWN CAUSE''. But as the present scenario indicates, it is what actually happening in the Delhi High Court. The question papers are set by the judges of Delhi High Court, the sons and daughters of these sitting judges gives the exam, the answer sheets were also evaluated by these sitting judges and finally the results are also declared by the same high court. Does the judicial propriety not requires that there should be some transparent system of examination in Delhi High Court so as to eliminate all the chances of bias because after all ''Justice must not only be done, but must seem to have been done''. Does the judicial wisdom and ethos does commend these Delhi High Court judges to file a declaration before the commencement of these exams that there so and so son and daughter is giving the exam ? What happens when a sitting judge prepares the question paper of exam and his own son / daughter is writing the same examination after a few days ? Does not all this calls for a complete transparency in the system of examination for recruitment to lower judiciary ? It is apt to say that ''SOMETHING IS ROTTEN IN THE DELHI HIGH COURT."

The present situation is completely chaotic in the Delhi High Court. This non-transparent and completely opaque procedure of recruitment by Delhi High Court provides a full fledged breeding ground to all the evils of  favoritism, nepotism, arbitrariness in the appointment to lower judiciary. As a result merit gets completely eclipsed by this extreme nepotism and favoritism.

As legendary jurist Bentham observed in Scott v. Scott that: "In the darkness of secrecy sinister interest, and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion, and surest of all guards against improbity. The security of securities is publicity, openness and transparency".

The process of recruitment to lower judiciary by Delhi High Court is so opaque and non-transparent, as highlighted above, that it cannot keep out those judges from the selection process whose sons and daughters are taking the exams. This gives full chances to the vested interests to tamper with and influence the final results and manage to secure an appointment for there own kith and kins. As a result meritorious students are kicked out right at the beginning paving way for stark nepotism.

Added to this is the fact that when the students demand their answer sheets from the Delhi High Court through RTI then instead of supplying those copies to the students, the authorised officials of Delhi High Court holds the copy of the answer sheets of the applicant students at some distance in their own hands for one or two minutes and completes their so called duty without supplying it to the students. Moreover, when the students file RTI to atleast get the answer sheets of the successful students so as to improve their own answer writing performance next time, the officials plainly refuses to supply or even show these copies under the garb of bogus excuse of confidentiality.

Your Lordship, I have written this to you with a hope that you can highlight this matter through your facebook posts and editorial columns and through any other means of communication so that this issue gets the required attention which it deserves and in that pressure the concerned authorities of Delhi High Court will certainly take steps to insulate the entire selection process form any sort of bias or external pressure. Your Lordship, you can also add your voice in this cause of hundred of lower judiciary aspirants. There is no one to hear us as the only way is through writ petition in the same Delhi High Court in which there are vested interests (sitting judges) who themselves will hear this matter and chances for getting the justice in the end ,thus, becomes very bleak. You have highlighted the plight of marginalized sections of society in many of your posts. I am very hopeful that, your lordship will certainly highlight this time also this plight of thousands of lower judiciary aspirants through your facebook posts, blogs and columns. Your Lordship please raise this matter as soon as possible. A copy of the result as declared on 1st May, 2015, is enclosed as an attachment with this mail for your perusal.

Your Lordship come to India as soon as possible. I wish you greetings and good health and happy journey to Canada.

Thank you.