Letter To The Chief Justice of Jharkhand High Court

To
Honourable Chief Justice

R.Banumathi,
High Court of Jharkhand:
Dated: 24th Dec2013
Subject: -A humble request for the enhancement of transparency in the judicial appointments
made under the esteemed supervision of Honourable Chief Justice of
Jharkhand High Court.
Respected your honour
I would like to bring out the following few lines to your gracious consideration.
Presuming the fact that your honour is well aware of the present procedure of judicial
appointments in the lower judiciary of state of Jharkhand, in this regard with all due respect I
would like to bring to your esteemed notice that the present judicial appointments made under
your esteemed supervision are not as transparent as they should be.
Your lordship in order to establish this point I would like to rely upon the recruitment
procedure followed for the appointment of civil judges (junior division) as per the
notification passed by the High Court of Jharkhand on 18th June 2013.
As your lordship is well aware of the fact that as per the notification issued by the High Court
on 18th June 2013 the recruitment procedure goes through the following three stages.
1) Screening test which is of objective type.(qualified candidates are allowed to appear
for mains exam )
2) Mains written exam (descriptive type questions). (The shortlisted candidate as per
their merit will be allowed to appear in the interview).
3) Interview adjudicated by the panel appointed the Jharkhand High court.
In the above mentioned procedure of selection your honour would have observed that in the
first two stages of selection (where the candidates legal acumen is tested on the basis of their
performance in answering both objective and descriptive questions of law) the candidate has
the opportunity to question or appeal the fairness of the evaluation by furnishing the copy of
answer sheet in the appropriate forum of law as a documentary evidence with the intention to
seek justice. However such opportunity is not available for the candidate at the stage of
interview because except the panel of interviewers and the candidate no one knows what
happens inside the four walls. Moreover it becomes practically impossible for the candidate
to prove in contrary to the decision of interviewers due to the lack of substantive evidence.
No doubt that the interview panellist comprising of the sitting judges of the Jharkhand High
Court are very eminent persons but after all, the judges are also human beings with all the
failing, all the sentiments and all the prejudices which we as common people have. Moreover
recruiting a candidate as a civil judge solely on the subjective satisfaction of the judges panel
is arbitrary and undemocratic.
I am aware of the fact that my level of knowledge is minimal compared to your honours
infinite wisdom, however I strongly feel that an individuals duty doesnt end at pointing out
the issues. Instead, the real duty lies in suggesting a feasible solution for the problems.
Therefore, to the best of my ability, I came to conclusion that the following are best two
feasible solutions to overcome the problems of transparency in recruitment of judges of lower
judiciary.
1) Technology as an aid
Taking the aid of technology as a device to enhance transparency and to ensure fairness in the
judicial appointments will not be a bad idea because technology is already playing a prime
role in the governance of this nation at different platforms. I must also remind your lordship
that the same technology is being used by the Indian judiciary for reporting cases in its
websites and all the judges are equipped with Laptop and internet facility. I found no reason
behind not taking the aid of the same technology when it comes to maintaining fairness in the
judicial appointments.
By Aid of technology, I am referring to video recording of the entire interview session
conducted by the judges of Jharkhand High Court in order to select the best qualified
candidates for a judicial post. Video-graphing the interview session will surely ensure
fairness and will also give a ray of hope for all those candidates who can be possible victims
of the present non- transparent recruitment procedure. Such initiation will also be a perfect
response to the rumours prevailed among the public at large about the unquestioned
corruption in the judiciary.
2) Reasoned selection
As your honour is well aware of the fact that in order to uphold the principles of fairness and
transparency the judges while performing their judicial or administrative functions, shall not
take any decision without stating appropriate reasons in black and white, therefore I humbly
request your honour to make an endeavour to establish transparency and fairness which will
not only erase any scope of doubt in the minds of people regarding the fairness of judicial
appointment by mandating the interview panel to furnish the reasons in writing for selection
or non-selection of a particular candidate who appears for the interview. This particular
initiative of your lordship will not only help the aggrieved candidate to question the veracity
of interviewers decision but it will also help the unselected candidate to know his lacunas by
which he can make himself fit for such post for future recruitments.
On the basis of the facts mentioned above, I on behalf all the people who have pledged to
propagate and promulgate the principles of transparency and fairness, bow in front of your
infinite wisdom and humbly request your honour to bring appropriate changes in the present
recruitment procedure in consistence with the letter and spirit of the Indian constitution.
Note: - The person undersigned below has the utmost faith in the Indian judiciary and its
functioning. The words expressed above shall not be misconstrued as the act of tarnishing the
image of any judge in particular or the judicial system.
With highest regards,

Youre most obedient,
R.Sameer Ahmed
B.B.A. L.L.B
Andhra Pradesh
Mobile7396405403.

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Honourable Chief Justice

With highest regards,

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