New Delhi: The SC on Thursday said that it will not interfere with its earlier direction to Hyderabad HC to complete appointment of judicial officers for TS and AP within six months. A three-judge bench of Chief Justice H.L. Dattu and Justices A.K. Sikri and Arun Mishra said bifurcation of judicial cadre could be made after officers were selected and exercised their option.

The SC on Thursday said that there was no impediment for the Hyderabad High Court to proceed with promotions of judicial officers. Attorney-General Mukul Rohatgi appearing for Telangana submitted before the bench that though the court had directed commencement of the process of appointments on January 20, such appointments could not be made unless the Telangana put in place a separate judicial cadre. He said, “Recruitments can’t be done in the air. The state must know how many judicial officers can be recruited. Recruitment must be done after calling for option from the candidates.” He said the state had filed the present application seeking clarification of the January 20 order.

The CJI told the AG that allocation of cadre could be done after the recruitment. “We don’t want to disturb the recruitment process already initiated. Otherwise, the process will be delayed.” The bench, however, issued notice to the Centre, AP and others seeking their response to the application and directed the matter to be listed after Holi vacation.

In its application, the state said the High Court issued a notification on February 5 for filling the posts of judicial officers without consulting it and without preparing State-wise cadre strength. It said Articles 233 and 234 of the Constitution required that judicial appointments must be done state-wise and, therefore, notifications for appointment of judicial officers must be issued separately for AP and Telangana. It said, “Sections 77 and 79 of the State Reorganisation Act provide for allocation of the services by giving option by the Central government. After allotment of services, the vacancies will be identified and recruitment process may go on state-wise.”