National

SC dismisses woman lawyers' plea

By T. Padmanabha Rao

NEW DELHI March 28. The Supreme Court has reiterated that ``no right accrues to a person merely because that person is selected and his or her name is put on a panel,'' while dismissing a writ petition from nine woman-lawyers (petitioners) for suitable directions to the authorities concerned of the State of Andhra Pradesh to appoint them to the cadre of district and sessions judges, grade 11 (for appointment to family courts and mahila courts).

The names of these lawyers who were selected (by the High Court on administrative side) were forwarded to the State Government for appointment in 1997.

The petition also prayed for further direction to quash the decision of the High Court (on administrative side) not to appoint as per the selection earlier made and to quash the subsequent advertisement (for purpose of filling the posts).

``The unfortunate part is that even though family courts and `mahila' courts have been established no appointments have been made'' and ``thus, till date the family courts and `mahila' courts are not being manned (in AP),'' the Bench, comprising justices G.B. Pattanaik, S.N. Phukan and S.N. Variava, commented.

On scrutiny of the facts and circumstances of the case, the Bench observed thus: ``The petitioners have no right to claim an appointment. Even otherwise, the selection was contrary to the rules in force at that time. There could not be 100 per cent reservation for women. Also the reservation policy had not been adhered to.

The posts which are created are posts of district and sessions judges, grade II. There are no separate posts for judges of family courts and mahila courts. Thus the petitioners could not be appointed as judges of family courts and mahila courts in ``ex-cadre posts'' even provisionally. This would amount to creation of ex-cadre posts not sanctioned by the Government. No fault can be found with the High Court (on administrative side) being in favour of not appointing the petitioners''.

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