The Supreme Court heard the case of Malik Mazhar Sultan vs. U.P. Public Service Commission on Thursday, in which it addressed issues concerning the filling of judicial vacancies in trial courts. During today’s hearing, the bench chastised the Orissa government for failing to provide the necessary funds to the Orissa High Court for district judiciary infrastructure development. DY Chandrachud, CJI, stated.
“You people also have to realise that the High Court is servicing the citizens of your state. High court is not pocketing this money.”
The bench, led by Chief Justice of India DY Chandrachud, had previously assigned States and High Courts to the various amici curiae in the case for examination and decided to hear the matter state-by-state on specific dates.
The bench was deliberating on two broad issues: (1) filling vacancies in district courts; and (2) (2). Infrastructure, including funds disbursed by High Courts.
The Court had directed that the Law Secretaries and Registrars interact within one week in order to provide amicus with a comprehensive position.
Senior Advocate Vijay Hansaria, who was appointed as the State of Orissa’s amicus curiae in the matter, submitted in today’s proceedings that three directions would be required for the State of Orissa-
- 60.40 crores, which have already been allotted under the Central Sponsor Scheme (CSS) and are lying, shall be disbursed and may be kept in the Single Nodal Agency (SNA) Account for the fiscal year 2022-23.
- In the future, the Central and State governments may investigate the demands for Rs 722 crores (for the fiscal year 2023-24) under the State Sector Scheme and respond within two months. The funds will be transferred to the SNA Account.
- The Chief Secretary may convene a meeting to address the issue of land allocation among government departments.
While Mr Sibo Shankar Mishra, appearing for the High Court of Orissa, agreed wholeheartedly with the amicus’ report, the State of Orissa disagreed. The State of Orissa’s counsel submitted-
“As far as the 722 crores are concerned, I have to take instructions because the State cannot disburse a total lump-sum amount at one go.” CJI DY Chandrachud interjected– “Why can’t you disburse it? This is money which is required for judiciary.
What instructions do you have to take? The law secretary is here(the law secretary was appearing virtually).” However, when the law secretary was also unable to throw light upon whether the state would be able to disburse the said amount or not, CJI DY Chandrachud expressed his disappointment and said that – “Look at the pattern.
For financial years 2015-16, 2016-17, 2017-18, 2020-21, 2021-22, no funds are received by the High Court of Odisha. You people also have to realise that the High Court is servicing the citizens of your state. High court is not pocketing this money. The benefit of this infrastructure will go to the citizens of India, of citizens of Odisha.”
When asked about the Central Sponsor Scheme, Additional Solicitor General of India Aishwarya Bhati told the court that- “The directions your lordships gave were that amount was to be released as per the utilisation certificates. Fiscal balance has to be maintained. 100 crores are available for the whole country but it’s on basis of who gives utilisation certificate.”
According to the data provided to the court by ASG Bhati, the State of Orissa received Rs 39.65 crores for fiscal year 2019-20. Following that, no amounts were released for 2020-21, 2021-22, or 2022-23. According to the Department of Justice’s note, the utilisation certificates for the unspent balance of Rs 22.44 crores for the fiscal year 2019-20 had not yet been submitted.
The amicus curiae, on the other hand, drew the court’s attention to a communication from the Secretary to the Government of Orissa to the Union Ministry of Law and Justice, which stated that the State Government had already used more than 75% of the Central assistance released during the fiscal years 2018-19 and 2019-20, and that utilisation certificates had been provided. The bench observed-
“Evidently, there is a mismatch between the data submitted by Department of Justice on one hand and the communication made by the State Government. In order to reconcile, we direct that within a period of 2 weeks, a meeting shall be convened between–
1. The Department of Justice in the Union Ministry of Law and Justice
2. The Law Secretary of the Govt of Orissa
3. Secretary of Home Department, Government of Orissa
4. Registrar General of the High Court of Orissa
The purpose of the meeting shall be to ensure the re-conciliation of the utilisation certificates stated to have been submitted by the government of Orissa. Once this exercise is completed, this court shall be apprised on the next date of listing of the balance which is to be allocated to the State of Orissa for 2022–23 and the date by which it shall be released.”
While dictating the order, CJI DY Chandrachud also stated that once the utilisation certificates were submitted, the amount should be released to the SNA account as soon as possible so that it does not lapse before the end of the fiscal year.
During the next hearing dates, the Court will consider the situations of other High Courts and States.
Malik Mazhar Sultan vs. Uttar Pradesh Public Service Commission | Civil Appeal No. 1867 of 2006
Prasanta Patnaik