10. DIRECT RECRUITMENT TO THE CADRE OF DISTRICT JUDGES

- PROFILE, PROBLEMS AND PROGNOSIS

10.1 The mixed cadre of District Judges consisting of promotees and direct recruits in every State Judicial Service was intended to promote efficiency in the administration of justice. But the fact remains otherwise. There is a lot of discontentment between the direct recruits of District Judges on one side and promotees on the other. The two classes are generally not in cordial terms, nay, in some States, they are not even on talking terms. They are forming separate Associations. They are locked up in legal battles fighting up to the Apex Court . They made separate representations to this Commission.

10.2 The root cause for all these unfortunate fall out seems to be the mode of direct recruitment followed by High Courts and determining the inter-se seniority between the promotees and the direct recruits. The High Courts are not unaware of this bitterness and discontentment in the service, yet seem to have done little to improve the method of direct recruitment so as to remove the grievance of promotees.

10.3 The common grievance of the service judges in the lower cadre in all the States, and which grievance is also highlighted in the Memorandum of All India Judges€ Association is that the hopes and aspirations of judges who have entered the lowest rung of the judicial service have been shattered for want of adequate promotional opportunity. It was complained that the unreasonable quota reserved and unscientific method followed for direct recruitment of District Judges have practically driven the service judges to despair and despondency. It was said that they could never think of becoming Principal District Judges. It was pointed out that the Advocates are recruited as District Judges at relatively younger age, varying from 32 to 40 years, while service judges would get a chance of promotion as District Judges only at their advanced age. Such direct recruits would be ranked above the promotees in the seniority list and occupy all the central posts. They also deprive the promotees the chance to reach the High Court.

10.4 How the ill-managed direct recruitment could jeopardise the already bleak chance of promotion of service judges has been pointed out in the Memorandum of the All India Judges€ Association by citing the following instance in the State of Bihar:

"It is reported that due to certain reasons, no €Direct Recruitment€ of Addl. District Judges took place in the State of Bihar between the years 1982 and 1990. Then suddenly as many as 30 Addl. District Judges were inducted in the Higher Judicial Cadre as Direct Recruits in 1991. Consequently, the lower judicial cadre Officers had not yet overcome the ill-effects of such a bolt from the blue (because such a big batch of Officers, younger in age, had tended to block their promotional avenues), when in the year 1997, the High Court dealt the severest blow by inducting a €Jumbo Batch€ of 53 Addl. District Judges at one go. In this manner, these two batches comprising 83 Officers, much younger in age and inducted during a short span of 7 years, was a fatal blow to the Judges manning the lower cadres since their service career has suddenly become bleak; firstly, as Addl. District Judges, and, secondly, if some lucky chap does manage €to raise his head over the water€, then there would be slim probability of his becoming a District Judge (or Principal District Judge), and even if such a possibility occurs in the case of still luckier ones (and for a short duration), then certainly he or she would stand no chance of elevation to the Bench. In other words, an apparent policy of the Patna High Court does not seem to give due regard to the service career of an overwhelming majority of the District Judiciary."

10.5 Of course, this has been refuted by one of the direct recruits from Bihar cadre during the course of hearing and he squarely put the blame on service judges for having resorted to several litigations to delay the direct recruitment.

10.6 There are many other complaints in this regard, but we do not want to refer to them in this discussion. But one thing seems to be clear. The direct recruitment to the cadre of District Judges, instead of creating harmony and promoting efficiency in the service has been eroding the integrity and independence of the judiciary by ill-will and bickerings. We can ill-afford to allow such state of affairs to continue in the judiciary.

10.7 The Commission considers that the method of direct recruitment to the cadre of District Judges requires to be radically overhauled so as to ensure fairness to promotees as well as to direct recruits.

10.8 It is with that object, the Commission has formulated the following questions for the views and comments from the concerned:

(1) What are the qualifications prescribed in your State for direct recruitment to the cadre of District Judges?

(2) The percentage for direct recruitment to the cadre of District Judges varies from State to State. In West Bengal , there is no direct recruitment to the cadre of District Judges. What is the position in your State? What according to you should be the proper percentage for such recruitment to avoid imbalance and impairment of the rights of the promotees?

(3) It is complained that in some States direct recruitment to the cadre of District Judges is made at the age of 32 to 35, prejudicially affecting the rights and prospects of the promotees. What are your views in this regard?

10.9 A wide variety of views and comments have been received in response to these questions and they will be presently examined.

10.10 We may first refer to the Constitutional provisions relating to appointment of District Judges. They are as follows:

Article 236: Interpretation, - In this Chapter -

(a) the expression "district judge" includes judges of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;

(b) xxx xxx xxx

Article 233: Appointment of district judges, -

(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

 

10.11 It will be seen that the two clauses of Article 233 contemplate recruitment to the cadre of District Judges by promotion from the subordinate judicial service as well as by direct recruitment from Pleaders or Advocates having not less than seven years of practice.

10.12 In SUSHMA SURI AND OTHERS v. GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANOTHER,1 the Supreme Court has stated that seven years practice specified under Article 233(2) should not mean that the practice should be only as members of the Bar. Such a construction would be too narrow and would defeat the object of Recruitment.

10.13 With reference to the scope of the Rules under Delhi Higher Judicial Service Rules and with reference to Rule 49 framed by the Bar Council of India, the Court further observed that:

"Article 233(2) should not be restricted only to Advocates who are practicing as members of the Bar. Such a construction would be too narrow defeating the object of recruitment. The object is to get the persons of necessary qualification, experience and knowledge of life."

The Court further observed:

" A Government counsel may be a Public Prosecutor or Government Advocate or a Government Pleader. He too gets experience in handling various types of cases apart from dealing with the officers of the Government. Experience gained by such persons who fall in this description, cannot be stated to be irrelevant nor detrimental to selection to the posts of Higher Judicial Service. The expression € members of the Bar € in the relevant rule would only mean that a particular class of persons who are actually practicing in courts of law as pleaders or advocates. In a very general sense an advocate is a person who acts or pleads for another in a court and if a public prosecutor or a


1. 1998 VII AD (S.C.) 365.

Government counsel is on the rolls of the Bar Council and is entitled to practice under the Act, he answers the description of an advocate."

The Court concluded:

"We think it is in this manner that the expression used in Article 233(2) of the Constitution has to be understood and the rules framed by the Delhi Administration in this regard have to be read in the light of the Constitutional provisions. The expression used €from the Bar€ would only mean from the class or group of advocates practicing in Courts of law. It does not have any other attribute."

10.14 With these principles in mind, we may now examine the contentions urged for Judicial Officers€ Associations. It was urged for them that there should not be any quota for recruitment from Advocates. According to them, the main source from whom the District Judges could be drawn is the service judges as provided under Clause (1) of Article 233, Clause (2) of Article 233 is only an enabling provision to recruit District Judges from the Bar in case of need and such an enabling provision should not be utilised to whittle down or deprive the legitimate aspirations of the service judges. It was further contended that fixing a quota for direct recruitment should be discontinued, and the discretion should be left to the High Court to decide whether there is any need to resort to clause (2) of Article 233.

10.15 It is too hard to accept these submissions. The fixation of quota for direct recruitment is not inconsistent with the provisions or mandate of Article 233.

10.16 In ORISSA JUDICIAL SERVICE ASSOCIATION, CUTTACK AND ANOTHER2, the Apex Court has upheld the Constitutional validity of the Orissa Judicial Service Rules, 1963 in which the quota for two sources of recruitment has been prescribed.


2. AIR 1991 SC 382.

10.17 In O.P. SINGLA AND ANOTHER v. UNION OF INDIA AND ANOTHER3, the quota prescribed for recruitment to the Delhi Higher Judicial Service (1970) has been sustained by observing that whenever rules provide for recruitment to the service from different sources, there is no inherent infirmity in prescribing quota for appointment of persons from those sources.

10.18 We, therefore, proceed that there could be quota prescribed for direct recruitment as well for promotion to the cadre of District Judges.

10.19 We may now briefly set out the method prescribed by States and Union Territories for selection of District Judges for direct recruitment.

 

 

 

 

 

 

 

 

 

 

 

 


3. AIR 1984 SC 1595.

ANDHRA PRADESH

(i) Rules

The Andhra Pradesh State Higher Judicial Service - Special Rules, 1958 (Relevant Rules annexed)

(ii) Quota

331/3% of the total number of posts.

(iii) Qualifications

Shall be an Advocate or a Pleader of not less than seven years standing at the Bar and must not have completed 45 years of age on the first day of the month in which the notification inviting applications has been published.

(iv) Procedure for Selection

a) Written Test with 80 Marks.

b) Interview - 20 Marks.

Interview will be conducted to the candidates qualified in the written examination.

a a a a a

 

EXTRACTS OF THE ANDHRA PRADESH STATE HIGHER JUDICIAL SERVICE-SPECIAL RULES - 1958

Rule No.2 - Appointment :

(ii) by direct recruitment from the Bar

Provided that 331/3% of the total number of permanent posts shall be filled or reserved to be filled by direct recruitment.

 

 

Explanation :

a) In the determination of 331/3% of the total number of permanent posts, fractions exceeding one-half shall be counted as one and other fractions shall be disregarded.

b) All promotions shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal.

3 - Qualifications :

A) person for appointment to Category-II from Bar

a) shall be an advocate or a Pleader of not less than seven years standing

at the Bar.

b) must not have completed forty five years of age on the first day of the month in which the notification inviting application for such appointment by direct recruitment is published in the Andhra Pradesh Gazette.

c) Shall be of sound health and active habits and free from any bodily defect or infirmity which render him unfit for such appointment.

* * * * *

 

 

 

 

 

 

 

 

ASSAM

(i) Rules

The Assam Judicial Service Rules, 1967. (Relevant Rules annexed)

(ii) Quota

Not more than 1/3rd of the posts.

(iii) Qualifications

Shall be a practicing Advocate of theHigh Court or of the District Court and should have so practised for a period of not less than seven years.

Shall not have completed 45 years of age on the first day of January of the year of recruitment.

(iv) Procedure for Selection

There is no mention in the Assam Judicial Service Rules, 1967. Decision in this regard is taken by the Chief Justice or by any Sub-Committee of Judges constituted as desired by the Chief Justice.

However, in the last direct recruitment, written test with 70 marks and viva voce test with 30 marks, with cut off marks of 60% for selection have been prescribed.

 

* * * * *

 

 

 

 

 

 

 

EXTRACTS OF THE ASSAM JUDICIAL SERVICE

RULES - 1967

6 - Qualifications for recruitment to the service in Grade I and II

(1) Appointments to the post of Grade I and Grade II by promotion from the next grade below shall be made on the ground of merit and ability, seniority being considered only when merit and ability are equal;

(2) A candidate for direct recruitment from the Bar to the post of Grade I and Grade II shall satisfy the following conditions, besides general conditions laid down under Rule 8 :

(i) shall not have completed 45 years of age on the 1st day of January of the year of recruitment;

(ii) shall be a practising advocate of the High Court or of the District Court and should have been so practising for a period of not less than 7 years.

* * * * *

 

 

 

 

 

 

 

BIHAR

(i) Rules

Bihar Superior Judicial Service Rules, 1951. (Relevant Rules annexed)

(ii) Quota

1/3rd of the posts in the cadre of the service.

Provided that the State Government may in consultation with the High Court deviate from the said proportion in either direction.

(iii) Qualifications

Minimum practice of 7 years at Bar.

(iv) Procedure for Selection

All eligible candidates are required to appear at an objective test to be conducted by the Chief Justice in this behalf with the assistance of any of the Judges that the Chief Justice may consider necessary for a preliminary screening to judge their suitability. On the basis of the result of this screening test, four times the number of candidates to be selected for appointment are called for interview. Thereafter, the list of candidates is prepared on the basis of written & viva-voce test and names are recommended to the State Govt.

 

* * * * *

 

 

EXTRACTS OF THE BIHAR SUPERIOR JUDICIAL

SERVICE RULES - 1951

5. Appointments to the Bihar Superior Judicial Service, which shall, in the first instance, ordinarily be to the post of Additional District and Sessions Judge, shall be made by the Governor in consultation with the High Court -

a.      by direct recruitment, from among persons qualified and recommended by the High Court for appointment under clause (2) of Article 233 of the Constitution; or

(b) by promotion, from among members of the Bihar Civil Service (Judicial Branch).

6. Of the posts in the cadre of the service, two-thirds shall be filled by promotion and one-third by direct recruitment.

Provided that the State Government may in consultation with the High Court deviate from the said proportion in either direction.

* * * * *

 

DELHI

(i) Rules

Delhi Judicial Service Rules, 1970. (Relevant Rules annexed)

(ii) Quota

Not more than ?rd of the posts in the service.

(iii) Qualifications

Must have practised as an Advocate for not less than 7 years.

Must have attained the age of 35 years and have not attained the age of 45 years on the first day of January of the year in which the applications for appointment are invited.

(iv) Procedure for Selection

Advertisement is issued in a number of national dailies having circulation all over India . After scrutiny of the applications, the Registry places these applications before the Screening Committee constituted by the Full Court for screening the applications, interviewing the screened candidates and preparing a panel of suitable candidates for consideration of the Full Court . Thereafter, recommendation is sent to the Administrator. (Lt. Governor, Delhi .)

 

* * * * *

 

EXTRACTS OF THE DELHI JUDICIAL SERVICE RULES, 1970

7 - Regular Recruitment :

(b) by direct recruitment from the Bar

Provided that not more than 1/3rd of the [Word (Substantive) deleted vide Delhi Administration€s Notification No.F-6/10/87-Judl., dated 17.3.1987.] posts in the service shall be held by direct recruits;

9 - Qualification for Direct Recruits shall be as follows:-

(1) Must be a citizen of India .

(2) Must have practiced as an Advocate for not less than seven years.

* (3) must have attained the age of 35 years and have not attained the age of 45 years on the 1st day of January of the year in which the applications for appointment are invited.

* Clause (3) of Rule 9 substituted vide Delhi Administration€s Notification No.F.6/10/87-Judl., dated 21.5.1990.

* * * * *

 

 

 

 

 

GOA

(i) Rules

Goa Civil Service (Judicial Branch) Rules 1992. (Relevant Rules annexed).

(ii) Quota

50%.

(iii) Qualifications

Not less than seven years practice as Advocate in the High Court or Courts subordinate thereto.

(iv) Procedure for Selection

Advertisements are issued and interviews are held. No written test is conducted.

 

* * * * *

EXTRACTS OF THE GOA CIVIL SERVICE

(JUDICIAL BRANCH) RULES, 1992

18 - Appointment to Posts in Grade I :

(a) Appointment to posts in Grade I shall be made by the Governor -

(i) by promotion from amongst members Grade II Selected by the High Court:

Provided that a member of Grade II Junior Branch shall not be eligible to be considered for promotion unless he has put in ten years of service.

(ii) by nomination on the recommendation of the High Court from members of the Bar who have been for not less than seven years, practising as Advocates in the High Court or Courts subordinate thereto:

Provided that the proportion of posts filled in by nomination shall as far as possible be equal.

* * * * *

 

GUJARAT

(i) Rules

The Gujarat Judicial Service Recruitment Rules, 1961 (Relevant Rules annexed).

(ii) Quota

50%.

(iii) Qualifications

Members of the Bar who have practised as advocates or pleaders for not less than seven years and recommended by the High Court. Provided that a person recruited at the age of not more than 45 years (except in the case of a person belonging to a community recognised as Backward by Government for the purpose of recruitment in whose case at the age of not more than 48 years) shall before he is appointed as a District Judge, be appointed in the first instance to be an Asst. Judge for such period as may, on the recommendation of the High Court, be decided by Government on the merits of his case.

(iv) Procedure for Selection

The practice of calling for names of suitable members of the Bar from all District Judges in the State as well as Principal Officers of the City Courts in Ahmedabad for being considered for appointment to the post of District Judge has been adopted so far. However, in the current practice of the selection procedure, advertisement is published in the local as well as national news-papers notifying the vacancies and inviting applications. The selection procedure is presently under process of the High Court.

 

* * * * *

EXTRACT OF THE GUJARAT JUDICIAL SERVICE RECRUITMENT RULES, 1961

6 - Method of recruitment to the Senior Branch :

(1) The appointment to the post of the Principal Judge of the Ahmedabad City Civil Court shall be made by Governor in consultation with the High Court by selection from amongst the Judges of the City Civil Court or the District Judges, or the members of the Bar.

(2) (i) the appointment to the post of a District Judge shall be made by the Governor-

(a) in consultation with the High Court by promotion from amongst the members of the Junior Branch who have ordinarily served as Assistant Judges, or

(b) on the recommendation of the High Court from amongst members of the Bar who have practised as advocates or Pleaders for not less than seven years.

Provided that a person recruited at the age of not more than 45 years (except in the case of a person belonging to a community recognised as Backward by Government for the purpose of recruitment in whose case at the age of not more than 48 years) shall before he is appointed as a District Judge, be appointed in the first instance to be an Assistant Judge for such period as may, on the recommendation of the High Court, be decided by Government on the merits of his case;

Provided further that, ordinarily the number of posts to be filled in by promotion under sub-clause (a) shall be equal to the number of those to be filled on the recommendation of the High Court from amongst members of the Bar under sub-clause (b).

* * * * *

 

 

 

 

 

 

HARYANA

(i) Rules

Punjab Superior Judicial Service Rules, 1963. (Relevant Rules annexed).

(ii) Quota

25% of the cadre strength.

(iii) Qualifications

Not less than 10 years as Advocate or a Pleader and is recommended by the High Court for such appointment.

Not less than 35 years and not more than 45 years of age on the first day of January next following the year in which his appointment is made.

(iv) Procedure for Selection

Post is notified by means of notification and the same is circulated to all the District and Sessions Judges in the States of Punjab, Haryana and U.T. of Chandigarh . On receipt of applications, eligible candidates are called for interview which is to be conducted by the Screening Committee. The report of the Screening Committee is considered by the Judges of the Full Court and recommendation is made to the Govt. for selection / appointment of the candidates.

* * * * *

 

 

EXTRACT OF THE HARYANA STATE - PUNJAB SUPERIOR JUDICIAL SERVICE RULES, 1963

8 - Recruitment to Service :

District Judge

(i) by promotion from amongst the members of the Haryana Civil Service (Judicial Branch) who have completed not less than ten years continuous service as such and have held for an aggregate period of one year or more, any one or more of the following posts during that period of 10 years :

(a) Senior Sub-Judge

(b) Additional Senior Sub-Judge

(c) Chief Judicial Magistrate

(d) Additional Chief Judicial Magistrate, or

(e) Judge of a Small Cause Court .

9 : Appointment of Direct Recruits

1. No person shall be eligible for Direct recruitment unless he :

(i) is not less than 35 years and more than 45 years of age on the first day of January next following the year in which his appointment is made

(ii) has been for not less than 10 (Ten) years as Advocate or a Pleader and is recommended by the High Court for such appointment.

* * * * *

 

 

 

 

 

 

 

 

 

HIMACHAL PRADESH

(i) Rules

The Himachal Pradesh Higher Judicial Service Rules, 1973 (Relevant Rules annexed)

(ii) Quota

1/3rd by direct recruitment and 2/3rd by promotion;

Provided that nothing in this rule shall prevent the officiating appointment of a member of the Himachal Pradesh Judicial Service on any post which is to be filled up by direct recruitment, till a direct recruit is appointed.

Provided further that the direct appointments to the service shall be subject to the orders regarding reservation in the service for SC/ST/Backward Classes issued by the Himachal Pradesh Government from time to time and made applicable to Such appointments in consultation with The High Court.

(iii) Qualifications

Has been for not less than 7 years anAdvocate or a Pleader and is recommended by the High Court. Not less than 35 years and not more than 45 years of age on the first day of January next following the year in which his appointment is made.

(iv) Procedure for Selection

After holding an interview or an examination or both as may be prescribed by the High Court for such appointment.

 

* * * * *

EXTRACT OF THE HIMACHAL PRADESH HIGHER JUDICIAL SERVICE RULES, 1973

8 - Recruitment to Service :

(1) Recruitment to the Service would mean by promotion and direct recruitment in the following manner :

(a) 2/3 by promotion

(b) 1/3 by direct recruitment

Provided that this ratio would apply only to the recruitments to be made after the coming into force of these rules.

Provided further that nothing in this rule shall prevent the officiating appointment of a member of the Himachal Pradesh Judicial Service on any post which is to be filled up by direct recruitment, till a direct recruit is appointed.

Provided further that the direct appointments to the service shall be subject to the orders regarding reservation in the service for Scheduled Castes/Scheduled Tribes/Backward classes issued by the Himachal Pradesh Government from time to time and made applicable to such appointments in consultation with the High Court.

9 - (1) Appointment of direct recruits :

(1) No person shall be eligible for direct recruitment unless he :

(i) is not less than 35 years and not more than 45 years of age on the first day of January next following the year in which his appointment is made.

(ii) has been for not less than 7 years an Advocate or a Pleader and is recommended by the High Court, after, it has held an interview or an examination or both as may be prescribed by it, for such appointment.

(iii) No person who is recommended by the High Court for appointment under Sub-rule(1) shall be appointed unless he is found physically fit by a Medical Board set up by the Governor and is also found suitable for appointment in all other respects.

* * * * *

 

 

 

 

 

JAMMU & KASHMIR

(i) Rules

The Jammu & Kashmir Higher Judicial Service Rules, 1983 (Relevant Rules annexed).

(ii) Quota

25% by direct recruitment and 75% by promotion.

In case suitable candidates are not available for direct recruitment, posts reserved for that category shall be filled up by promotion.

(iii) Qualifications

Has at least 7 years continuous practice at the Bar as an Advocate or Pleader and is recommended by the High Court.

Not more than 45 years of age on the first day of January of the year in which the advertisement inviting applications for the posts is issued.

(iv) Procedure for Selection

By holding an examination followed by an interview as may be prescribed by the High Court for such appointment.

Every person who qualifies in thewritten examination shall be examined by a Medical Board constituted by the Director, Health Services of the respective Divisions and shall be called for interview only after the Board certifies that the candidate possesses sound physical and mental health.

 

* * * * *

 

 

EXTRACT OF THE JAMMU AND KASHMIR HIGHER JUDICIAL SERVICE RULES, 1983

Method of Recruitment :

4(1) Recruitment to the service shall be made -

(a) 75% by promotion;

(b) 25% by direct recruitment.

(2) In case suitable candidates are not available for direct recruitment posts reserved for that category shall be filled up by promotion.

5. (1) No person shall be eligible for direct recruitment unless he -

(i) is a permanent resident of the State

(ii) is not more than 45 years of age on the first day of January of the year in which the advertisement inviting applications for the posts is issued;

(iii) has at least 7 years continuous practice at Bar as an Advocate or Pleader and is recommended by the High Court, after it has held examination followed by an interview as may be prescribed by it, for such appointment.

(2) Every person who qualifies in the written examination shall be examined by a Medical Board constituted by the Director, Health Services of the respective Divisions and shall be called for interview only after the Board certifies that the candidate possesses sound physical and mental health.

6. Direct recruitment - (1) Applications for direct recruitment to the service shall be invited by the Court by publishing a notice to that effect in the leading newspaper of State and shall be made in the form prescribed from time to time to be obtained from the Registrar of the Court on payment of the prescribed fee.

(2) The application shall be submitted to the Court by the candidate through the Registrar of the High Court. The application shall be accompanied by certificates of age, academic qualifications, standing as a legal practitioner and such other documents as may be required to be furnished.

7. Selection Committee : xxx

8 Procedure of selection : (1) The Section Committee referred to in rule 7 shall scrutinize the applications received and may thereafter hold such examination, as it may consider necessary for judging the suitability of the candidates. The Committee may call for interview such of the applicants who in its opinion have qualified for interview after scrutiny and examination.

(2) The marks to be allotted for examination and interview shall be determined by the Selection Committee.

(3) In assessing the merits of a candidate the Selection Committee shall have due regard to his professional ability, personality and health.

(4) The Selection Committee shall prepare a preliminary list of candidates in order of merit who in its opinion, are suitable for appointment to the service and place the same for consideration before the Court.

(5) The Court shall examine the recommendations of the Selection Committee and, having regard to the number of direct recruits to be taken, prepare a final list of candidates in order of merit and recommend the same to the Governor.

9. Appointments : xxx

10. Promotion of member of the Judicial Service : xxx

11. Appointments to be on rotational system : (1) Appointments to the service shall be made on the rotational system, the first three vacancies shall be filled by promotion of the members of the Judicial Service and the fourth vacancy shall be filled from the list of direct recruit and so on.

(2) A roster shall be maintained as running account from year to year and will start at the commencement of a year at the point following the point which was utilized at the end of the previous year.

* * * * *

 

 

 

 

 

KARNATAKA

(i) Rules

The Karnataka Judicial Services (Recruitment) Rules, 1983. (Relevant Rules annexed).

(ii) Quota

Not exceeding 33 2 %.

(iii) Qualifications

Must be practising on the last date fixed for submission of applications as an Advocate and must have so practised for not less than seven years as on such date. Must not have attained the age of 48 years on the last date fixed for submission of applications.

(iv) Procedure for Selection

There is no specific provision regulating the details of recruitment in respect of selection of candidates.

 

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EXTRACT OF THE KARNATAKA JUDICIAL SERVICES (RECRUITMENT) RULES, 1983

2 - Method of Recruitment, Minimum Qualification etc.,

District Judges

By promotion on the basis of seniority cum merit from the cadre of Civil Judges.

Provided that such number of posts as may be determined by the High Court from time to time, but not exceeding in the aggregate 332% of the posts in the cadre of District Judges may be filled by direct recruitment.

NOTE : The High Court of Karnataka may, subject to these rules, adopt such procedure as it deems fit for selecting the candidates by direct recruitment or by promotion by seniority-cum-merit.

Qualifications :

For Direct Recruitment :

1. Must be holder of a degree in Law or equivalent qualification; and

2. Must be practising on the last date fixed for submision of application as an Advocate and must have so practised for not less than seven years as on such date.

3. Must not have attained the age of forty eight years on the last date fixed for submission of aplication.

Probation : Two years. During the period of probation he must undergo such training as may be specified by the High Court of Karnataka.

Officiation : 2 years.

* * * * *

 

 

 

 

 

 

 

 

 

KERALA

 

 

(i) Rules (ii) Quota

Number of posts to be filled up or reserved to be filled up by direct recruitment shall be 1/3rd of the permanent posts in the categories of Selection Grade District Judges and District Judges taken together.

(iii) Qualifications

Shall not have completed 47 years of age on the first day of January of the year in which applications for appointment are invited.

Shall be a practising advocate and should have so practised for a period of not less than seven years.

(iv) Procedure for Selection

Notification is issued in leading newspapers, Kerala Gazette, ILR (Kerala series), K.L.J. & K.L.T. inviting applications. Chief Justice calls for reports about each candidate in a prescribed format which is kept in a confidential cover and placed before the Selection Committee at the time of oral examination. Maximum marks shall be 100. The cut off marks shall be 60%, except for SC/ST for whom it is 50%.

     

 

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EXTRACT OF THE KERALA STATE HIGHER JUDICIAL SERVICE RULES, 1961

2. Method of appointment :

(a) Appointment to category (1) shall be made by the High Court by promotion from category (2).

(b) Appointment to category (2) shall be made by transfer from the category of Subordinate Judges in C.J.M.S. of Kerala Judicial Service or by direct recruitment from the Bar, provided that the number of posts in category (2) to be filled up or reserved to be filled up by direct recruitment shall be one-third of the permanent posts in categories (1) and (2) taken together.

Note : The rules relating to reservation of appointments (Rules 14 to 17) in Part II of the Kerala State and Subordinate Services Rules, 1958) shall apply to appointments by direct recruitment to category (2).

(c) Appointment by promotion to category (1) and appointment by transfer to category (2) shall be made on the basis of merit and ability, seniority being considered only where merit and ability are approximately equal.

Note : (i) Previous punishments shall be taken into account in determining the merit and ability of the candidate in the selection.

(ii) The District and Sessions Judges on other duty are also entitled to be considered for promotion to category (1) provided they are otherwise eligible.

3. Qualifications - (1) (a) & (b) - xxx

(2) (a) - xxx

(b) He shall not have completed 47 years of age on the first day of January of the year in which applications for appointment are invited.

(c), (d), (e) & (f) - xxx

Note: Category (1): Selection Grade District and Sessions Judge.

Category (2): District and Sessions Judge (including Additional District and Sessions Judge).

* * * * *

 

 

 

 

 

 

 

MADHYA PRADESH

(i) Rules

Madhya Pradesh Uchchtar Nyayik Seva(Bharti Tatha Seva Sharten) Niyam, 1994. (Relevant Rules annexed).

(ii) Quota

Not to exceed 10% of the total permanent strength.

(iii) Qualifications

Has been for not less than seven years as advocate or a pleader. Has attained the age of 35 years and not attained the age of 48 years on the first of January of the year in which applications for appointment are invited.

(iv) Procedure for Selection

(a) Written test (Two papers) - 100 marks each.

(b) Interview - 25 marks.

Candidates who secure 55% Marks in the aggregate in the two papers (except SC/ST for whom the aggregate is 45%) will be called for interview.

 

* * * * *

 

EXTRACTS OF THE MADHYA PRADESH UCHCHTAR NYAYIK SEVA NIYAM 1994

7 : Qualification for Direct Recruitment :

No person shall be eligible for appointment by direct recruitment

unless

(a) he is a citizen of India ;

(b) he has attained the age of 35 years and has not attained the age of 48 years on the first of January of the year in which applications for appointments are invited;

(c) he has been for not less than seven years as Advocate or a Pleader;

(d) he has good character and is of sound health and free from any bodily defect which renders him unfit for such appointment.

The procedure of selection for direct recruitment and promotion to categories (a), (b) and (d) of Rule 3(1) be such as may be prescribed by the High Court.

5 : Method of Appointment :

(2) (b) The appointments shall be made by selection on the basis of merit cum seniority.

* * * * *

 

 

 

 

 

 

 

 

 

 

 

 

MAHARASHTRA

(i) Rules

The Bombay Judicial Service Recruitment Rules, 1956 (Relevant Rules annexed).

(ii) Quota

50%

(iii) Qualifications

With not less than seven years as advocate or pleader in the High Court or Courts subordinate thereto and recommended by the High Court.

(iv) Procedure for Selection

Advertisement is issued and interview is held as per the guidelines of the Full House for the purpose of selection. No Written test is conducted.

 

* * * * *

EXTRACTS OF THE BOMBAY JUDICIAL SERVICE RECRUITMENT RULES, 1956

5 - Method of Recruitment to the Senior Branch

District Judges, Selection Grade District Judges and Judges of the Bombay City Civil Court :

(i) District Judges shall be of two grades namely:-

(a) District Judges: and

(b) Selection Grade District Judges.

                                i.            District Judges € Appointments to the posts of District Judges shall ;

be made by the Governor -

(a) by transfer from the Judges in the City Civil and Sessions Court, Bombay , who are recruited from the Bar only if they are willing;

(b) by promotion, in consultation with the High Court, from the members of the Junior Branch who have been promoted as Additional District Juidge; and

(c) by nomination, on the recommendation of the High Court, who has been for not less than seven years as advocate or pleader in the High Court or Courts subordinate thereto.

(iii) (a) Appointment under Sub-clause(c) of clause (ii) shall not be made unless a person is first appointed to work as an Additional District Judge on probation for a period of two years which may be extended by the High Court from time to time as it may deem fit.

(a-1) During the period of probation and until expressly confirmed by a written order, the services of an appointee shall be terminable by one month€s notice on either side, without any reason being assigned therefor or by payment of salary for the period of notice or the unexpired portion thereof.

(a-2) He/She shall be required to pass the language examinations according to the rules prescribed in that behalf unless he has already passed or has been exempted from passing those examinations.

(b) Ordinarily the proportion of posts filled in by promotion, under sub-clause (a) of Clause (ii) and those by appointment from members of the Bar under Sub-Clause (b) of Clause (ii) shall be 50:50.

* * * * *

 

 

 

MANIPUR

(i) Rules

The Manipur Judicial Services Rules, 1976. (Relevant Rules annexed).

(ii) Quota

_

(iii) Qualifications

Shall be a practising Advocate of a High Court or of a District Court in India and should have so practised for a period not less than 7 years.

Shall not be less than 35 years and not more than 45 years of age on the first day of January of the year of recruitment.

(iv) Procedure for Selection

Decision in this regard is taken by the Chief Justice or by any Sub-Committee of Judges constituted as desired by the Chief Justice of the Gauhati High Court.

A written test with 70 marks and viva voce test with 30 marks is followed by the Gauhati High Court. 60% is the cut off marks for selection.

 

* * * * *

 

 

 

 

 

 

EXTRACTS OF THE MANIPUR JUDICIAL SERVICES RULES, 1976

6 : Recruitment : (i) xxx

(ii) xxx

(iii) Appointment to the post of Grade I shall be made by the Governor by promotion from members of the Service who have been confirmed in Grade-II in consultation with the Gauhati High Court.

Provided that the appointment to the post of District Judge and Additional District Judge if need be, may be made from the Bar in accordance with these Rules on recommendation to the Gauhati High Court.

10 : Qualification for Direct Recruitment to the Service in Grade-I :

A candidate for direct recruitment from the Bar to the post of Grade-I, as provided in Rule 6 (iii) shall satisfy the following conditions, besides the general conditions as laid down under Rule 7 :

(i) He shall not be less than 35 years and not more than 45 years of age on the first day of January of the year of recruitment.

(ii) He shall be a practising advocate of a High Court or of a District Court in India and should have so practised for a period not less than 7 years.

Note: Grade I consists of the following:

District Judge

Additional District Judge

Registrar and Joint Registrar of Gauhati High Court.

* * * * *

 

MEGHALAYA

(i) Rules

The Meghalaya Judicial Service Rules, 1988. (Relevant Rules annexed).

(ii) Quota

Not more than 1/3rd of the posts.

(iii) Qualifications

Shall be a practising Advocate of the High Court or of a District Court and should have so practised for a period not less than 7 years.

Shall not have completed 45 years of age on the first day of January of the year of recruitment.

(iv) Procedure for Selection

Decision in this regard is taken by the Chief Justice or by any Sub-Committee of Judges constituted as desired by the Chief Justice of the Gauhati High Court.

A written test with 70 marks and viva voce test with 30 marks is followed by the Gauhati High Court. 60% is the cut off marks for selection.

 

* * * * *

 

 

 

 

 

 

 

EXTRACTS OF THE MEGHALAYA JUDICIAL SERVICE

RULES, 1988

4 (3) - Composition of the Service :

Each of the categories in schedule €A€ shall form an independent cadre and members of one category shall have no claim for appointment to a higher category except in accordance with the provisions of these rules.

6 (a) : Recruitment to any post in the service after the commencement of these rules shall be made by the following methods, namely :

(a) Appointment to any post in Grade-I shall be made by the Governor either by promotion from Grade II in consultation with the High Court or by direct recruitment from the Bar on the recommendation of the High Court :

Provided that not more than one third of the posts may be filled up by direct recruitment.

7 (2) : Qualification for Appointment :

(1) Appointment to any post in Grade I and Grade II by promotion from the next grade below shall be made on the ground of merit and ability, seniority being considered only when merit and ability are approximately equal.

(2) A candidate for direct recruitment from the Bar to any post in Grade I shall satisfy the following conditions, besides general conditions laid-down under rule 9, that is -

(a) shall not have completed 45 years of age on 1st day of January of the year of recruitment; and

(b) shall be a practising advocate of the High Court or of a District Court and should have so practised for a period of not less than 7 years.

* * * * *

MIZORAM

(i) Rules

The Mizoram Judicial Service Rules, 1989. (Relevant Rules Annexed).

(ii) Quota

Upto 25% of the posts.

(iii) Qualifications

Shall be a practising Advocate of any Court in India for a period of not less than seven years.

Shall not be less than 30 years and not more than 45 years on the 1st day of January in the year in which the recruitment is made, which is relaxable upto 5 years for SC/ST.

(iv) Procedure for Selection

Decision in this regard is taken by the Chief Justice or by any Sub-Committee of Judges constituted as desired by the Chief Justice of the Gauhati High Court.

A written test with 70 marks and viva voce test with 30 marks is prescribed by the Gauhati High Court.

60% is the cut off marks for selection.

 

* * * * *

 

 

EXTRACT OF THE MIZORAM JUDICIAL SERVICE RULES, 1989

8 : Qualification for Recruitment to the Service in Grade I, Grade II and III

(1) Appointment to the service in the Grade I, II and III, except for the vacancies in the post of Asst. Registrar, Deputy Registrar or Registrar of the High Court, as the case may be shall be made by the Governor in consultation with, and on the recommendation of the High Court, by promotion from the next grade below from the permanent members of the Service, on the basis of merit-cum-seniority.

(2) In the case of failure to fill up the posts in the Grade I, II, III by promotion from the permanent members of the service, in Grade II, III and IV respectively upto 25% of the vacancies may be filled up by direct recruitment from the Bar on the recommendation of the High Court.

Provided that a candidate for such recruitment from the Bar under sub-rule (2) shall not be less than thirty years and not more than fortyfive years on the 1st day of January in the year in which the recruitment is made, which is relaxable upto five years for Scheduled Castes and Scheduled Tribes, and shall be a practising advocate of any court in India for period of not less than seven years for Grade I and five years for Grade II.

* * * * *

 

 

 

 

 

 

 

 

 

NAGALAND

(i) Rules

The Nagaland Judicial Service Rules, 1995. (Relevant Rules annexed),

(ii) Quota

25% of the posts.

(iii) Qualifications

Shall be a practising Advocate of the High Court or of the District Court and should have practised for a period of not less than 7 years.

Shall not have completed 45 years of age on the first day of January of the year of recruitment.

(iv) Procedure for Selection

Decision in this regard is taken by the Chief Justice or by any Sub-Committee of Judges constituted as desired by the Chief Justice of the Gauhati High Court.

A written test with 70 marks and viva voce test with 30 marks is prescribed by the Gauhati High Court.

60% is the cut off marks for selection.

 

* * * * *

 

 

 

 

 

 

EXTRACT OF THE NAGALAND JUDICIAL SERVICE RULES, 1995

6 : Method of Recruitment

(4) Recruitment to the post of the service after the commencement of these rules shall be made by the following methods :

(a) Appointment to the post of Grade-I shall be made by the Governor either by promotion from Grade-II in consultation with the High Court or by direct recruitment from the Bar on the recommendation of the High Court.

Provided that 25% of the posts shall be filled by direct recruitment.

9 : Qualification for Recruitment to the Service in Grade I & II :

(2) A candidate for direct recruitment from the Bar to the post of Grade I shall satisfy the following conditions besides the general conditions laid down in Rule 10.

(i) Shall not have completed 45 years of age on the first day of January of the year of recruitment.

(ii) Shall be a practising Advocate of the High Court or of the District Court and should have practiced for a period of not less than 7 years.

* * * * *

 

 

 

ORISSA

(i) Rules

Orissa Superior Judicial Service Rules, 1963 (Relevant Rules annexed).

(ii) Quota

Not exceeding 25%.

(iii) Qualifications

At least seven years standing at the Bar on the 1st August of the year in which the advertisement for receipt of applications is published. Not under 35 years of age and not over 45 years of age on the 1st August of the year in which the advertisement for receipt of applications is published.

(iv) Procedure for Selection

(a) Written test (2 papers)- 200 marks.

(b) Viva voce test - 30 marks

(c) Length of service - 5 marks

(d) Career in law - 5 marks

Candidates are called for viva voce test provided they obtain 50% of marks in each of the two papers.

 

 

* * * * *

 

 

 

EXTRACT OF THE ORISSA SUPERIOR JUDICIAL SERVICE RULES, 1963

7 : When a vacancy occurs in the Senior Branch of the Service, Government shall decide in consultation with the High Court whether it may be filled up by direct recruitment or promotion.

Provided that the number of direct recruits in the Senior Branch of the Service shall not exceed twentyfive percent of the cadre posts mentioned in sub-rule 2 of rule 4.

8 : (1) Direct Recruitment to the Senior Branch of the service shall be made from the Bar.

(2) Reservation of twenty three per cent for the members of the scheduled tribes and fifteen per cent for the members of scheduled castes of the vacancies available in direct recruits to the Senior Branch of the service shall be made provided that they are found suitable in every respect for appointment to the said service.

(3) Candidates for direct recruitment to Senior Branch of the service shall -

(i) be of at least 7 years standing at the Bar on the 1st August of the year on which the advertisement for receipt of applications is published; and

(ii) not be under 35 years of age and over 45 years of age on the 1st August of the year in which the advertisement receipt of applications is published.

(4) The High Court shall for each vacancy open to direct recruit to the Senior Branch of the service, furnish to Government a list of two candidates in order of merit and Government shall appoint one of them after satisfying themselves as to the character and antecedents of the selected candidates.

(5) Selected candidates shall be physically fit and shall be required to appear before the State Medical Board before final appointment.

9 : (1) Whenever a vacancy in the Senior Branch of the Service is decided to be filled up by promotion the Government shall fill up the same after due consideration of the recommendation of the High Court in accordance with sub rule (2);

(2) The High Court shall recommend for appointment to such vacancy, an officer of the Junior Branch of the Service, who in the opinion of the High Court is the most suitable for the purpose;

Provided that if for any reason, Government are unable to accept the recommendations as aforesaid they may call for further recommendations from the High Court to fill up the vacancy.

* * * * * 

PONDICHERRY

(i) Rules

Pondicherry Judicial Service (Cadre and Recruitment Rules, 1996 (Relevant Rules annexed).

(ii) Quota

Not exceeding 33.33% of the posts in the cadre.

(iii) Qualifications

Not less than 7 years experience at the Bar.

Must not have attained the age of 48 Years.

(iv) Procedure for Selection

The selection shall be made by a Committee of five Judges of the High Court constituted for this purpose by the Full Court of the High Court, the Chief Secretary to Govt. of Pondicherry and the Secretary (Law), Govt. of Pondicherry. A viva voce examination with 100 marks is held to test the candidates€ general knowledge, grasp of principles of law and suitability for appointment. Minimum marks for pass shall be 30 for candidates belonging to SC/ST/OBC and 40 for others.

 

 

* * * * *

 

 

EXTRACT OF THE PONDICHERRY JUDICIAL SERVICE (CADRE AND RECRUITMENT) RULES, 1996

9 : Method of Recruitment :

(a ) District Judge -

(i) by promotion on the basis of seniority cum merit from the cadre of Civil Judge (Senior Division) :

Provided that such number of posts as may be determined by the High Court from time to time but not exceeding in the aggregate 332% of the posts in the cadre of District Judge may be filled by direct recruitment; and

(ii) by direct recruitment from the Bar on the basis of viva voce examination conducted by the High Court as specified in the Annexure.

(b) xxx

(c) xxx

ANNEXURE TO RULES

DISTRICT JUDGE

1. (a) The High Court may, if considered necessary, invite applications to select person for appointment as District Judge.

(b) The selection of District Judge shall be made by a Committee of five Judges of the High Court constituted for this purpose by the Full Court of the High Court, the Chief Secretary to Government of Pondicherry and the Secretary (Law), Government of Pondicherry. Such Committee shall be called as "Committee for Selection of District Judge".

(c) The said Committee shall, by notification, invite application indicating therein the classification of vacancies and all other necessary particulars.

2. A candidate shall, along with his application, produce from the Presiding Officer of the Court in which he is actually practising, a certificate indicating the length of his practice; and remit such fee as may be specified in the notification inviting applications. Applications received without such fee shall be rejected. Fee once paid shall not be refunded.

3. Viva Voce - The candidates€ general knowledge, grasp of principles of law and suitability for appointment as District Judge shall be tested.

The maximum marks for viva voce examination shall be 100. The minimum marks for pass shall be 30 for candidates belonging to Scheduled Castes and Scheduled Tribes and other Backward Classes (OBC) and 40 for others.

* * * * *

 

 

 

 

 

 

 

 

 

 

 

 

 

PUNJAB

(i) Rules

Punjab Superior Judicial Service Rules, 1963. (Relevant Rules annexed).

(ii) Quota

1/4th of the total number of cadre posts.

(iii) Qualifications

Has been for not less than 10 years an Advocate or Pleader and is recommended by the High Court for such appointment.

Not less than 35 years and not more than 45 years of age on the first day of January of next following the year in which his appointment is made.

(iv) Procedure for Selection

Post is notified by means of notification and the same is circulated to all the District and Sessions Judges in the States of Punjab & Haryana and U.T. Chandigarh.

On receipt of applications, eligible candidates are called for interview which is to be conducted by the Screening Committee. The report of the Screening Committee is considered by the Judges of the Full Court and recommendation is made to the Govt. for selection / appointment of the candidates.

 

 

* * * * *

 

EXTRACT OF THE PUNJAB SUPERIOR JUDICIAL SERVICE RULES, 1963

9 - Appointment of direct recruits :

(1) No person shall be eligible for Direct recruitment unless he -

(i) is not less than 35 years and more than 45 years of age on the first day of January next following the year in which his appointment is made;

(ii) has been for not less than 10 years an Advocate or Pleader and is recommended by the High Court for such appointment.

(2) No person who is recommended by the High Court for appointment as under sub-rule(1) shall be appointed unless he is found physically fit by the Medical Board set up by the Governor and is also found suitable for appointment in all other respects.

Amended Rule No. 2 :

(2) In the Punjab Superior Judicial Service Rules, 1963 (Hereinafter referred to as the said rules), in rule 8, for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) Of the total number of cadre posts, three-fourth shall be manned by promoted Officers and one-fourth by direct recruits."

Provided that nothing in this sub-rule shall prevent the officiating appointment of a member of the Punjab Civil Services (Judicial Branch) on any post which is to be filled up by direct recruitment, till a direct recruit is appointed.

* * * * *

 

 

 

 

 

 

RAJASTHAN

(i) Rules

The Rajasthan Higher Judicial Service Rules, 1969 (Relevant Rules annexed).

(ii) Quota

Direct Recruitment is made in the ratio of 1:3 with a rider that the total of direct recruitees shall at no time exceed one third of the cadre strength.

(iii) Qualifications

Must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January preceding the last date fixed for submission of the application.

(iv) Procedure for Selection

The High Court shall scrutinise the applications and call for interview only those who, in its opinion, are fit to be called for that purpose. Such candidates shall be interviewed by a Committee constituted by the High Court consisting of the Chief Justice, the Administrative Judge and two other Judges. The recommendations of the Committee shall be placed before the Full Court with the relevant record and the Court shall make the final selection of the candidates suitable for appointment to the service in order of merit.

 

 

* * * * *

EXTRACT OF THE RAJASTHAN HIGHER JUDICIAL SERVICE RULES, 1969

part iii - principles and procedure of recruitment and promotion

9 - APPOINTMENT TO THE SERVICE :

(1) Subject to the provisions of these rules, appointment of persons to the service shall be made by the Governor on the recommendation of the Court made from time to time;

Provided that the number of persons appointed to the service by direct recruitment shall at no time exceed one third of the total strength of the service.

(2) Subject to the provisions of sub-rule (1), after every three persons appointed by promotion, the fourth persons shall, as far as possible, be appointed by direct recruitment. If a suitable person is not available for appointment for direct recruitment, the post may be filled by promotion from amongst the members of the Rajasthan Judicial Service.

14 - Age :

A candidate for direct recruitment to the service must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January preceding the last date fixed for submission of the application;

Provided that for direct recruitment in the year 1968, 1969, 1970, 1971 and 1972 the upper age limit shall not apply to any candidate who is a Released Commissioned Officer as defined in clause (e) of sub-rule(i) of rules of the Rajasthan Civil Services (Recruitment of Released Emergency Commissioned and Short Services Commissioned Officers) Rules, 1968, if he fulfils the qualifications laid down in rule 15.

15 - Qualifications :

A candidate for direct recruitment to the service -

(i) must be a citizen of India , and

(ii) must be an advocate who has practised in the Court or Courts subordinate thereto for a period of not less than seven years.

20 - Scrutiny of application and interview :

(1) The Court shall scrutinise the applications received in accordance with the provisions of rule 19 and thereafter call for interview only whose who, in its opinion, are fit to be called for that purpose.

(2) Such candidates shall be interviewed by a Committee constituted by the Court consisting of the Chief Justice, the Administrative Judge and two other Judges.

(3) The recommendation of the Committee shall be placed before the Full Court with the relevant record and the Court shall make the final selection of the candidate or candidates suitable for appointment to the service in order of merit.

(4) Notwithstanding anything hereinbefore contained; if the number of persons selected in accordance with the above mentioned provisions is less than the number of posts required to be filled by direct recruitment, the Court may select persons to fill the remaining vacancies even from amongst those advocates who have not applied under rule 19 but fulfill the qualifications laid down in Clause (ii) of rule 8 and are considered to be fit for appointment to the service.

21 - List of candidates selected by direct recruitment :

The Court shall prepare a list of all the candidates whom it considers suitable for appointment to the service arranging their names in the order in which they are to be appointed and shall recommend their names to the Governor for appointment to the Service having regard to the provisions of rule 9.

* * * * *

 

 

 

 

 

 

 

SIKKIM

(i) Rules

Sikkim Superior Judicial Service Rules, 1980. (Relevant Rules annexed).

(ii) Quota

1/3rd of the total number of posts.

(iii) Qualifications

Has been for not less than 7 years, an Advocate or a Pleader and is recommended by the High Court for such appointment.

Not less than 35 years and not more than 45 years of age on the first day of January next following the year in which his appointment is made.

(iv) Procedure for Selection

Selection is done on the basis of an interview to be conducted by Chief Justice & Judges of the High Court.

 

a a a a a

EXTRACT OF THE SIKKIM SUPERIOR JUDICIAL SERVICES RULES, 1980

7 - Recruitment to Service :

(1) Recruitment to the service shall be made:-

(i) by promotion from the Sikkim Judicial Service; or

(ii) by direct recruitment.

 

 

Note : Notwithstanding the provisions of sub-rule 1 (i) and (ii) persons may be appointed against any of the posts in Appendix "A" on deputation from the Judicial Service of other States in India for a period of five years from the commencement of these rules. This period of 5 years may be further extended by the Governor in consultation with the High Court if the circumstances so warrant.

(2) Of the total number of posts specified in Appendix "A" two-thirds shall be manned by promoted officers and one-third by direct recruits, if filled by promotion or direct recruitment as the case may be.

Provided that nothing in this sub-rule shall prevent the officiating appointment of a member of the Sikkim Judicial Service on any post which is to be filled up by direct recruitment till a direct recruit is appointed.

8 - Appointment of Direct Recruits :

(1) No person shall be eligible for direct recruitment unless he -

(i) is not less than 35 years and not more than 45 years of age on the first day of January next following the year in which his appointment is made;

(ii) has been for not less than 7 years, an advocate or a pleader and is recommended by the High Court for such appointment.

(2) No person who is recommended by the High Court for appointment under sub-rule (ii) shall be appointed unless he is found physically fit by a Medical Board set up by the Governor and is also found suitable for appointment in all other respects.

* * * * *

 

 

TAMIL NADU

(i) Rules

The Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 1995. (Relevant Rules annexed).

(ii) Quota

In the ratio of 1 : 5.

(iii) Qualifications

Must be practising on the date of notification as an advocate or pleader for not less than seven years. Must not have attained the age of 48 years on the 1st July of the year in which the selection for appointment is made.

(iv) Procedure for Selection

Seven Judges as nominated by the Chief Justice will conduct interview (viva voce) and send a panel of names for consideration of Government for appointment.

 

* * * * *

 

 

 

 

 

 

 

 

EXTRACT OF THE TAMIL NADU STATE JUDICIAL SERVICE (CADRE AND RECRUITMENT) RULES, 1995

5. Method of Appointment, Qualification and Age :

1. District Judge (Supertime Scale) - xxx

2. District Judge

i) By direct recruitment -

1. Must be a holder of a degree in law and

2. Must be practising on the date of Notification as an Advocate or Pleader and must have so practised for a period of not less than seven years as on such date.

3. Must not have attained the age of forty eight years on the 1st July of the year in which the selection for appointment is made.

                                i.            By promotion on the basis of seniority-cum-merit from the category

of Civil Judge (Senior Division / Chief Judicial Magistrate).

The ratio between the direct recruits and promotees shall be 1: 5.

* * * * *

 

 

 

 

 

TRIPURA

(i) Rules

Tripura Judicial Service Rules, 1974. (Relevant Rules annexed).

(ii) Quota

25% of posts.

(iii) Qualifications

Shall be a practising Advocate of any Court in India and should have so practised commendably for a period of not less than 7 years.

Shall not be less than 35 years and more than 45 years on the first day of January of the year of recruitment.

(iv) Procedure for Selection

Decision in this regard is taken by the Chief Justice or by any Sub-Committee of Judges constituted as desired by the Chief Justice of the Gauhati High Court.

A written test with 70 marks and viva voce test with 30 marks is prescribed by the Gauhati High Court. 60% is the cut off marks for selection.

 

* * * * *

 

 

EXTRACT OF THE TRIPURA JUDICIAL SERVICE RULES, 1974

6 - Recruitment :

6 (3) : Recruitment to the other posts of the service after commencement of these rules shall be made by the following methods:-

(b) : Appointment to the posts in Grade I other than the Legal Remembrancer and Secretary, Law Department and the Registrar, High Court, shall be made by the Governor by promotion from Grade II in consultation with the High Court and by direct recruitment from the Bar on the recommendation of the High Court.

Provided that 25% of the posts shall be reserved to be filled up by direct recruitment.

7 - Qualification for Recruitment to the Service in Grade I

and Grade II :

(1) Appointment to the post of Grade I and Grade II by promotion from the next grade below shall be made on the ground of merit-cum-seniority.

(2) A candidate for direct recruitment from the Bar to the post of Grade I shall satisfy the following conditions, besides general conditions laid down under rule 9:

(i) he shall not be less than 35 years and more than 45 years on the first day of January of the year of recruitment:

(ii) he shall be a practising advocate of any court in India and should have so practised commendably for a period of not less than 7 (seven) years.

* * * * *

 

 

 

 

 

 

UTTAR PRADESH

(i) Rules

The Uttar Pradesh Higher Judicial Service Rules, 1975. (Relevant Rules annexed).

(ii) Quota

15% of the vacancies.

(iii) Qualifications

Pleaders and Advocates of not less than seven years standing on the first day of January next following the year in which the notice inviting applications is published.

(iv) Procedure for Selection

Vacancies are notified in news papers.

Scrutiny of the applications received is made by the Selection Committee - normally comprising of three sitting Judges of the High Court.

A written test comprising of two papers is held. The first paper contains the questions on substantive law (including U.P. Local Acts) and the other paper is of procedural law. Both papers carry 150 marks each. The candidates who in the opinion of the Selection Committee qualify after scrutiny of applications and written test are called for interview, which carry 100 marks. The cut-off marks shall be 45% in the general category and 35% in the reserve category. The candidates are called for interview in the ratio of 1:4. The report of the Committee is placed in Judges€ meeting and thereafter, recommendation is forwarded to Govt.

 

* * * * *

 

 

 

 

 

EXTRACT OF THE UTTAR PRADESH HIGHER JUDICIAL SERVICE RULES, 1975

5 - Sources of Recruitment - The recruitment to the service shall be made -

(a) by direct recruitment of pleaders and advocates of not less than seven years standing on the first day of January next following the year in which the notice inviting applications is published;

(b) by promotion of confirmed members of the Uttar Pradesh Nyayik Seva (hereinafter referred to as the Nyayik Seva), who have put in not less than seven years service to be computed on the first day of January next following the year in which the notice inviting applications is published.

Provided that for so long as suitable officers are available from out of the dying cadre of the Judicial Magistrates, confirmed officers who have put in not less than seven years service to be computed as aforesaid shall be eligible for appointment as Additional Sessions Judges to the service.

Explanation - When a person has been both a pleader and an advocate his total standing in both the capacities shall be taken into account in computing the period of seven years under clause (a).

6 - Quota - Subject to the provisions of Rule 8, the quota for various sources of recruitment shall be -

(i) direct recruitment from the Bar 15%

(ii) Uttar Pradesh Nyayik Sewa 70% of the vacancies

(iii) Uttar Pradesh Judicial Officers 15%

Service (Judicial Magistrates)

Provided that where the number of vacancies to be filled in by any of these sources in accordance with the quota is in fraction, less than half shall be ignored and the fraction of half or more shall ordinarily be counted as one;

Provided further that when the strength in the cadre of the Judicial Magistrates gradually gets, depleted or is completely exhausted and suitable candidates are not available in requisite numbers or no candidate remains available at all, the shortfall in the number of vacancies required to be filled from amongst Judicial Magistrates and in the long run all the vacancies, shall be filled by promotion from amongst the members of the Nyayik Sewa and their quota shall, in due course, become 85 per cent.

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WEST BENGAL

(i) Rules

The West Bengal Higher Judicial Service (Direct Recruitment) Rules, 1956.

(ii) Quota

?th of the posts.

(iii) Qualifications

Has been for not less than seven years an Advocate or a Pleader and is recommended by the High Court for such appointment.

Not less than 35 years and not more than 45 years of age on such date as the State Government may fix in this behalf.

(iv) Procedure for Selection

Applications shall be invited by the State Government and on receipt shall be forwarded to the High Court with a view to enabling the High Court to make its recommendations for the purpose of filling the vacancy.

However, direct recruitment has been rescinded since 1977.

 

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LAKSHADWEEP

LACCADIVE, MINICOY AND AMINDIVI ISLANDS (CIVIL COURTS) REGULATION 1965

8 - Direct Recruitment (Mixed Cadres) :

No recruitment rules have been framed for the post of District Judge. The post of District Judge was created upgrading the post of Sub Judge and the incumbent holding the post of Sub Judge was promoted and posted as District Judge on the recommendation of the High Court of Kerala. Necessary provision for direct recruitment etc., will be incorporated while drafting the recruitment rules for the post of District Judge in consultation with the High Court of Kerala in due course.

 

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QUOTA FOR DIRECT RECRUITMENT PRESCRIBED UNDER SERVICE RULES :

10.20 The Judicial Service Rules of States and Union Territories have prescribed varying quota for recruitment of District Judges.

10.21 Such Rules of recruitment of Maharashtra, Goa and Gujarat provide for reservation of 50% of the posts for direct recruitment of District Judges.

10.22 The Judicial Service Rules of Andhra Pradesh, Assam , Bihar, Delhi , Himachal Pradesh, Karnataka, Kerala, Rajasthan , Sikkim and Pondicherry provide for 2rd of the cadre posts.

10.23 The respective Rules of Punjab, Haryana, Jammu & Kashmir, Mizoram, Nagaland, Orissa and Tripura provide for 25% reservation.

10.24 The Tamil Nadu Judicial Service Rules provide for 1:5 ratio for direct recruitment and promotion.

10.25 The Uttar Pradesh Judicial Service Rules prescribe 15% of the cadre strength, while the Madhya Pradesh Judicial Service Rules prescribe only 10%.

10.26 In West Bengal , for the present, there is no direct recruitment to the cadre of District Judges. Perhaps, from 1977, they have suspended the direct recruitment. The posts are filled only by promotion. They have, however, stated that they are reconsidering the issue.

10.27 But the High Courts, State Governments and Service Associations, in their response to the Commission€s general Questionnaire, have suggested as under:

Views of High Courts :

10.28 The High Courts of Andhra Pradesh (1/3 & 2/3), Delhi (1/3 & 2/3), Gujarat (50 : 50), Himachal Pradesh (25 : 75), Jammu & Kashmir (25 : 75), Karnataka (1/3 & 2/3), Kerala (1/3 & 2/3), Bombay (Maharashtra) (50 : 50), Orissa (25 : 75), Punjab & Haryana (25 : 75), Madras (Tamil Nadu) (1 : 5) and Allahabad (Uttar Pradesh) (15 : 85) have favoured continuation of the existing quota (percentage) between the Direct Recruits and the Promotees respectively.

10.29 The High Courts of Gauhati, Patna and Madhya Pradesh have not furnished their views on the proper percentage for direct recruitment.

10.30 The High Court of Rajasthan has suggested that direct recruitment can only be made on rotational basis (3 promotions and 1 by direct recruitment as far as possible).

10.31 The High Court of Sikkim has opined that there is no need for any direct recruitment.

10.32 The High Court of Calcutta has suggested that direct recruitment should not exceed 20% of the recruitment in a particular year.

VIEWS OF STATE GOVERNMENTS :

10.33 Many of the State Governments have concurred with the views of their respective High Courts with the exception of Gujarat and Maharashtra .

10.34 The Government of Gujarat has suggested that the percentage may be fixed at 25% whereas the Government of Maharashtra have favoured only 30%.

10.35 The Government of Assam , Bihar, Delhi , Himachal Pradesh, Jammu & Kashmir, Orissa, Punjab & Haryana and Rajasthan have not furnished their opinion.

VIEWS OF SERVICE ASSOCIATIONS :

10.36 The Judicial Officers€ Association of Andhra Pradesh, Assam, Bihar, Himachal Pradesh, Goa, Sikkim, Tamil Nadu, Uttar Pradesh and Tripura have not responded on the adequate percentage to be earmarked for direct recruitment to the cadre of District Judges.

10.37 The Judicial Officers€ Associations of Delhi, Madhya Pradesh, Meghalaya, Orissa and West Bengal have not favoured any direct recruitment to the cadre of District Judges.

10.38 The Judicial Officers€ Association of Gujarat favoured 33% direct recruitment from the Bar, whereas the Judicial Officers€ Association of Karnataka has favoured direct recruitment not exceeding 2rd of the total posts and not more than 5 at one time.

10.39 The Judicial Officers€ Association of Kerala wants to have direct recruitment at the ratio of 1 : 8.

10.40 The Maharashtra Judicial Officers€ Association has suggested that the direct recruitment should be restricted to 25% only. Similar is the suggestion made by the Association of Punjab Judicial Officers.

10.41 The Judicial Officers€ Association of Haryana has favoured 10% for direct recruitment.

10.42 The All India Judges€ Association suggested not more than 25% direct recruitment.

JURIST :

10.43 Justice Sri R.S. Sarkaria, former Judge, Supreme Court of India, has favoured the ratio of 33 : 67.

AGE LIMIT PROVIDED UNDER THE SERVICE RULES :

10.44 Here again, we do not find any uniformity either as to the minimum age or maximum age for recruitment of District Judges.

10.45 In the Service Rules of Himachal Pradesh, Rajasthan, Orissa, Punjab & Haryana , Sikkim and Delhi , the age range of 35 to 45 has been prescribed.

 

10.46 Madhya Pradesh Judicial Service Rules provide for 35 to 48 years.

10.47 The Rules of Higher Judicial Service of Andhra Pradesh, Assam , Gujarat , J & K, Meghalaya and Nagaland specify only the upper age limit of 45 and no minimum age has been prescribed.

10.48 Such Rules of Kerala prescribe the maximum age limit of 47, while Karnataka, Tamil Nadu and Pondicherry Judicial Service Rules specify 48 years, but no minimum age has been prescribed.

10.49 Th e Uttar Pradesh Judicial Service Rules point out the other way about. Only the minimum age limit of 35 has been specified. No upper age limit has been provided.

10.50 The Rules of Bihar, Maharashtra and Goa do not provide either maximum or minimum age limit for recruitment.

10.51 However it is understood that in Maharashtra , in the two selections made in the years 1989 and 1992, the candidates recruited were between the age group of 33 and 50 years.

10.52 As regards Bihar, the High Court of Patna, in the meeting held on 22-11-1997 resolved that candidates who have not completed the age of 35 years and those who have already completed the age of 50 years on the last date of receipt of the applications, as specified in the advertisement, shall not be eligible for consideration for such appointment to the post of District Judge.

VIEWS OF HIGH COURTS :

10.53 Some of the High Courts are of the view that direct recruitment for District Judge must be from persons who are between 35-45 years. Those High Courts are: (1) Delhi ; (2) Himachal Pradesh; (3) Bombay ( Maharashtra ); (4) Punjab & Haryana and (5) Rajasthan.

10.54 The High Court of Andhra Pradesh has indicated that the minimum age of 35 be uniformly followed by all the States.

10.55 The Gauhati High Court is of opinion that the age of the candidates may be between 35 and 40.

10.56 The High Courts of Karnataka and Calcutta have stated that the direct recruitment should not be from those below 40 years though their Rules of recruitment do not provide for any minimum age. Whereas, the High Court of Patna has opined that the candidates should not be below 45 years.

10.57 The Allahabad High Court has suggested 40 to 45 years for direct recruitment.

10.58 The Kerala High Court does not wish to have any age restriction save the Constitutional requirement of Bar experience.

10.59 The Madras High Court has preferred to have direct recruitment of District Judges from candidates who are between 35-38 years.

10.60 The High Court of Madhya Pradesh has reiterated the age prescribed in their service Rules, viz., 35-48 years.

10.61 The High Courts of Gujarat, J & K, Orissa and Sikkim have not responded on this aspect.

VIEWS OF STATE GOVERNMENTS :

10.62 The Governments of Karnataka, Kerala, Maharashtra and Uttar Pradesh have concurred with the suggestion made by their respective High Courts.

10.63 The Government of Andhra Pradesh does not share the views of the Andhra Pradesh High Court. The Government has stated that for direct recruitment, the age must be between 40 to 45 years as against the High Court€s view of 35 years as the minimum.

10.64 The Government of Tamil Nadu is bit liberal on this matter. They have stated that the candidates upto the age of 48 years could be considered for recruitment of District Judges.

10.65 The Government of West Bengal wants only the minimum age of 35.

10.66 The Government of Nagaland favours that existing upper age limit of 40 years should be allowed to continue for selection to the post of Deputy Commissioner (Judicial).

10.67 The other State Governments are silent on this matter.

VIEWS OF SERVICE ASSOCIATIONS :

10.68 The Judicial officers€ Associations of Andhra Pradesh, Karnataka, Kerala, Maharashtra and Rajasthan want that the minimum age of 40 should be prescribed for direct recruitment of District Judges.

10.69 The Judicial Officers€ Associations of Haryana, J & K and Orissa have suggested for 40 to 45 years.

10.70 The Delhi Judicial Officers€ Service Association is in favour of 42 to 45 years.

10.71 The Bihar Judicial Service Association says that the minimum age should be 45, while the Tamil Nadu Judicial Officers€ Association would like to have only the maximum age of 48.

10.72 Other Judicial Officers€ Associations have not reacted to this problem.

JURISTS :

10.73 Justice Sri R.N. Misra, former Chief Justice of India and Justice Sri R.K. Mahajan (Rtd.) of Allahabad High Court have suggested that it is better to have direct recruits between 40 and 45 years.

 

OUR RECOMMENDATIONS :

10.74 We have carefully examined the various and varied views and suggestions made by High Courts, State Governments and Associations on the triple requirements for direct recruitment of District Judges, namely, (i) Quota; (ii) Age limit and (iii) Procedure for selection.

10.75 It seems to us that it is proper and necessary for all High Courts to have uniform procedure for recruitment of District Judges. There should be uniformity as to the quota, minimum and maximum age and method of selection. Such uniformity is imperative since District Judges cadre is a feeder service to the High Court and in some cases an onward march to the Apex Court .

(i) QUOTA :

10.76 At the outset, we may observe that the stand taken by the Service Associations that there should be only promotion and no direct recruitment to the cadre of District Judges does not stand to reason. We have explained elsewhere that there is need to introduce fresh blood to promote efficiency in the cadre in the first place. Second, the makers of the Constitution obviously intended that there should be direct recruitment to the cadre of District Judges. They have provided the eligibility for recruitment of advocates as District Judges under Article 233 of the Constitution. It indicates their intention. We cannot ignore it.

10.77 As seen earlier, Maharashtra, Goa and Gujarat have reserved 50% of the posts. Not less than 10 States have opted for 332% while 7 other States have provided 25% reservation. In Uttar Pradesh, it is only 15% and in Madhya Pradesh, it is jut 10% of the posts in the cadre of District Judges.

10.78 But while providing for any kind of reservation, we have to bear in mind the impact of such reservations on service judges in all the cadres. We have already given a grim picture of the existing discontentment between the promotees and the direct recruits of District Judges. We have also emphasised that such discontentment should be removed at the earliest and a healthy atmosphere should be created to enable both the classes to give their best to the administration of justice. It would be detrimental to the administration of justice by keeping one class at the disadvantage level over the other.

10.79 In our opinion, 50% reservation provided in some States is too much and 15% or 10% reservation made in some other States is too little. We must have such quota for direct recruitment so that both direct recruits and promotees could move side by side for further benefits and opportunities.

10.80 Since temporary posts are also available for direct recruitment, we consider that not exceeding 25% of the posts in the cadre of District Judges should be reserved for direct recruitment. This percentage of reservation would not jeopardise the interests of the promotees since we have decided to give them certain weightage for fixing the inter-se seniority, besides providing an opportunity to service judges to compete for such direct recruitment.

(ii) AGE LIMIT :

10.81 Here again, we find lot of variance amongst the High Courts. It ranges from 35 to 45 years and 35 to 48 years.

10.82 The grievance of the promotees is that younger elements if inducted into the cadre would impair their promotional chances. There cannot be any doubt in this regard. If candidates at a relatively younger age are taken into service, they would remain longer and march over the promotees for better avenues. The grievance of the service judges in this regard deserves to be removed.

10.83 Some States/High Courts have pleaded for the minimum age of 40. The Judicial Officers€ Associations have made similar submissions. It has to be borne in mind that the direct recruits must have sufficient span of service in order to enable them to make some mark and look for career progress.

10.84 Secondly, at the age of 40, people begin to "settle down" with stable commitments. They would make commitment to their family, career, friends or some special interest. When once they make firm commitment in their life, they are unlikely to switch over to service, which entails periodical transfer. They may wait for an opportunity for elevation to High Court if they are really busy practitioners.

10.85 Thirdly, at the age of 40, we may get persons who are mostly unsuccessful at the Bar and the very purpose of direct recruitment of young and brilliant advocates may be defeated.

10.86 We are, therefore, of the opinion that the minimum age for direct recruitment should not be kept at 40.

10.87 The next question is whether it is proper not to prescribe any minimum age for such direct recruitment as it has been the practice in some of the States. We do not think that it is a correct practice. Judicial work requires heavy responsibility at the District Judge level by matured people. They are entrusted with the important Sessions trials apart from other diverse works which involve the demand for greater professionalism in the process of judging. It requires proper development of an attitude of mind and compatible behavioural patterns. The Constitution provides only the minimum standard with seven years practice at the Bar, but Advocates with seven years practice are sometimes selected as Civil Judge (Junior Division). By seven years of practice, one will not get the required maturity to handle Sessions cases. The life and liberty of the persons are at stake in Sessions cases.

10.88 We consider that there should be minimum age for direct recruitment and it should be not less than 35 years. To put it more explicitly, the minimum age should be 35.

10.89 Incidentally, we may state that a District Judge post is equivalent to the post of a Secretary in the State Service and Joint Secretary in the Central Government. In the normal course, the IAS Officers reach the post of Secretary /Joint Secretary at the age of 38 at the minimum and 46 at the maximum. We may explain it further:

10.90 The minimum age prescribed for a candidate for IAS recruitment is 21 and the maximum is 30 for general candidates with 5 years extension to SC/ST and 3 years extension for OBC. A candidate who has been selected to IAS cadre at the age of 22 has to render service for 16 years to become Secretary to the State Government, which is an equivalent post of the District Judge. That means, he would be eligible for the post of Secretary to Government at the age of 38 at the minimum, and 46 at the maximum, depending upon the age at which he has entered the service. With regard to the upper age limit, it seems to us that it should not be more than 45, with relaxation of a few years for SC and ST candidates. Persons beyond the age of 45 will have a short span of service with no scope for any further movement in the judicial career. Such persons would lack enthusiasm for the work and would be a liability than asset to the service.

10.91 Our recommendation about the age range between 35 and 45 is in consonance with the prevailing pattern followed by some States as we have seen earlier. Besides, the High Courts of Andhra Pradesh, Bombay , Delhi , Gauhati, Himachal Pradesh, Punjab & Haryana and Rajasthan have also expressed the view that 35 years should be the minimum and 45 years the maximum limits for direct recruitment of District Judges.

10.92 It may also be stated that a study of job satisfaction as reported by Robertson and Smith (1985) showed that satisfaction with work tended to increase with age, but that there is a dip in satisfaction in the 40-50 years age group, suggesting that this group is the most difficult to motivate. (See: A Handbook of Personnel Management Practice by Michael Armstrong, p.273).

10.93 For the aforesaid, we recommend that the candidates for direct recruitment to the cadre of District Judges should be between 35 and 45 years and the upper age may be relaxed by 3 years for SC/ST candidates.

 

10.94 The same age limit must be applicable to service judges also as and when they are made eligible for such direct recruitment.

(iii) PROCEDURE FOR SELECTION :

10.95 We have earlier set out the procedures followed by the High Courts for selecting candidates for direct recruitment. Most of the High Courts are having only Viva Voce Test.

10.96 High Courts of Andhra Pradesh, Allahabad , Jammu & Kashmir, Madhya Pradesh, Orissa, however, have prescribed written test in addition to viva-voce.

10.97 The Commission has received innumerable complaints that the selection by only viva-voce has more often led to arbitrariness if not whimsical selection, unjust if not unreasonable. With respect to High Courts, we do not want to carry any such impression. But we do feel that there is less transparency and objectivity in the selection process. We would, therefore, like to recommend the following procedure to reduce degrees of subjectivity and arbitrariness and to promote more fairness and objectivity:

(i) There shall be written examination followed by viva-voce.

(ii) Written Examination must carry 200 marks on the subject/subjects prescribed by the High Court. The paper should be of a duration of minimum two hours.

(iii) The cut off marks in the Written Examination should be 60% or corresponding grade for general candidates and 50% or corresponding grade for SC/ST candidates. Those who have secured the marks above the cut off marks shall be called for viva-voce Test.

 

 

(iv) The viva-voce Test should be in a thorough and Scientific Manner and it should be taken anything between 25 and 30 minutes for each candidate. The viva-voce shall carry 50 marks. There shall be no cut off marks in viva-voce Test.

(v) The merit list will be prepared on the basis of marks/grades obtained both in the Written Examination and viva-voce.

EVALUATING PROCEDURE :

10.98 There is no known method of being perfect in evaluating performance in competitive examination. Over the years, educationists and managements have evolved techniques to reduce the degree of subjectivity and arbitrariness. To promote fairness and objectivity in the selection of District Judges, selection also should be transparent. One technique which is now widely used in this regard is evaluation through grades instead of numerical marks. The Commission recommends this technique for judicial selection, whether it is by written examination or viva-voce, whether it is for initial cadres of judicial service, i.e., Civil Judges (Junior Division) or the cadre of District Judges.

10.99 The system which the Commission is contemplating operates as follows:

(i) The questions in the question paper may carry numerical marks for each question.

(ii) The examiner may assign numerical marks for each sub-question which may be totalled up and shown against each full question in numbers.

 

(iii) The tabulator will then convert the numerical marks into grades in a seven point scale with corresponding grade as follows:

Percentage of Marks

Grade

Grade Value

70% and above

O

7

65% to 69%

A+

6

60% to 64%

A

5

55% to 59%

B+

4

50% to 54%

B

3

45% to 49%

C+

2

40% to 44%

C

1

Below 40%

F

0

 

(iv) After converting the numerical marks of each question into the appropriate grade according to the formula given in the first column above, the tabulator will reconvert the Grades obtained for each question to the Grade value according to the value given in the third column above.

What is now obtained is the relative Grade value of each answer in the question paper obtained by the candidate in a seven point scale (i.e. €0€ to €7€).

The tabulator€s next task is to add up those Grade Values and divide the sum total by the number of questions in the answer book including the questions unanswered by the candidate. What is thus obtained is the Cumulative Grade Value Average (CGVA) obtained by the candidate at the examination. Suppose the CGVA comes to €4€ , the grade obtained by the candidate at the examination is "B+". If the CGVA is €6€ , the grade of the candidate is "A+".

(v) Thus organised, the result of the written examination will be indicating only the cumulative evaluation grade of the candidates which moderates the inevitable element of subjectivity in individual evaluation and brings in relative objectivity and fairness to a much higher degree. Of course, the tabulation record sheet can carry the numerical marks as well for reference and rechecking whenever needed. A proper computer programme can do all these operations in minutes.

(vi) Today, the viva voce examination can be more unfair than the written examination in view of the fact that it is decided on chance or impression in the shortest possible time. Rural candidates are generally at a disadvantage in this process. English speaking candidates sometimes gain advantage without they being superior in skills for the job. A dominant member of the interview board may carry the day to the disadvantage of many deserving candidates. These things happen not necessarily because of any conscious bias or disposition of members of the Board. This is inherent in the process itself as it operates at present in many places. The judiciary cannot afford to lose opportunities to get the most outstanding candidate because of infirmities in the selection system. As such, an alternative procedure by and large modelled on the lines of the written examination is recommended for the viva voce as well.

(vii) The viva-voce Examination will adopt the following procedure:

(a) A proforma containing categories such as knowledge / Skills / Attitudes / Ethics / Communication / Character, etc., be developed (this will depend on what are the qualities the judiciary is looking for in the prospective Judges being interviewed) in advance and each category may be given relative weightage (credits) in terms of marks. For example, if the total Viva marks are 100, one may assign 10 marks for knowledge / comprehension, 5 marks for ethics /attitude, 25 marks for skills of judging, 10 marks for communication abilities, 10 marks for general knowledge, etc..

(b) Each member of the Board including the Chairman will be asked to assign marks for each category immediately after a candidate is interviewed and before the next candidate is called in. To strike some commonality or relative parity in approach of members, the board may have some general discussion before commencement of interview on range of marks to be given in particular level of assessment. If necessary, some written guidelines may also be circulated to be adhered to in assigning marks at the time of interview.

(c) At the end of each day€s interview, the tabulator will convert the numerical marks assigned to each category into grades and then to grade values. This will then be totalled up and the Cumulative Grade Value Average of each candidate interviewed will be obtained.

(d) Thus a separate list of candidates interviewed and the Grades obtained in the Viva Voce will be readied which will naturally be far more fair and transparent with little scope for corrupt practices to creep in. Again, for ready reference, the result-sheet may carry the numerical marks side by side with grades.

(viii) The final selection list will be readied by combining the Cumulative Grade Value obtained in the written examination and the Viva Voce examination.

Since in practice many candidates who have obtained less than a prescribed grade (say B+) in the written examination will not be called for viva voce examination, the combined tabulation has to be done only with reference to fewer candidates, possibly one-tenth or even less of the total number of applicants for the job.

(ix) If the Viva Voce is rigorous and higher marks are given only to those who are outstanding in all categories of evaluation given in the proforma, the chances are very few to obtain higher grades (like €0€ or €A€) and their numbers may be just within the available vacancies. There may be some borderline cases where it is difficult to determine who is to be included and whom to be excluded. This dilemma may be resolved by a second interview between those candidates by the same board OR

Alternatively looking at the difference in numerical scores between them similarly placed in grades.

PROBATION :

10.100 We suggest that the direct recruits to the cadre of District Judges shall be on probation for a period of two years and all promotees shall be on officiating basis for a similar period of two years.

10.101 The period of probation or officiation may be extended by the appointing authority with reasons to be recorded in writing by such period not exceeding twice the prescribed period of probation or officiation, as the case may be.

10.102 At the end of the period of probation/officiation or the extended period of probation/officiation, as the case may be, the appointing authority shall consider the suitability of the person who is so appointed/promoted to hold the post to which he was appointed or promoted, and - if it decides that he is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during the period of probation or officiation, as the case may be, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed the period of probation/officiation. If the appointing authority considers that the person is not suitable to hold the post to which he was appointed or promoted, such person may be discharged from service if he is a probationer or reverted to his original cadre if he is a promotee.

10.103 A probationer who has been declared to have satisfactorily completed the probation or promotee who has been declared to have satisfactorily completed his period of officiation shall be confirmed as a full member of the service at the earliest opportunity.

SENIORITY :

10.104 The inter-se seniority of the direct recruits and promotees has been elaborately dealt with elsewhere in a separate chapter. However, we may state at this stage that an Officer appointed in accordance with the Rules of Recruitment on regular basis shall be made senior to persons appointed temporarily.

TRAINING :

10.105 Training is a must for direct recruits and promotees to the cadre of District Judges. The High Court may from time to time prescribe the period and the course of training for such Officers. They must also be given a periodical training by way of refresher courses as the High Court may, from time to time, determine.

COMPULSORY RETIREMENT :

10.106 The Commission attaches great importance to promotion of efficiency and integrity in the judicial administration. Judicial service is not meant for indolent and undeserving Officers. There shall be a Committee consisting of Senior Judges, at least three of them, headed by the Chief Justice of the High Court to review the career progress and other attributes of all the Officers. This review has to be undertaken periodically once in every five years, commencing at the age of 50, 55 and 60 years. If the Committee considers that in public interest the Officer should be retired from service, he should be compulsorily retired by giving him a notice of not less than three months in writing or three months' pay and allowances in lieu thereof. It should be a continuing process by the said Committee.

SELECTION GRADE / SUPER TIME SCALE DISTRICT JUDGES :

10.107 In most of the States, in the cadre of District Judges, there are Selection Grade District Judges and Super Time Scale District Judges. In Madhya Pradesh and West Bengal , there is another grade called District Judge (Above Super Time Scale).

 

10.108 We give below the existing position and the demand made for upward revision by certain States:

ANDHRA PRADESH :

The cadre of District & Sessions Judges consists of:

i) District & Sessions Judge - Grade I

ii) District & Sessions Judge - Grade II

Grade-I District & Sessions Judge is a promotional post to Grade-II District & Sessions Judge.

The posts in these two cadres are interchangeable, as no particular post has been ear-marked for giving the different pay scales.

Out of the total cadre strength of 117, 23 posts are in Grade-I District & Sessions Judges and 94 posts are in Grade-II District & Sessions Judges.

ASSAM :

The District Judges are classified as Grade-I. Out of that, some posts are in the Selection Grade. (The exact number of the break-up strength of the cadre is not available).

BIHAR :

There are two categories:

i) District & Sessions Judges

ii) Additional District & Sessions Judges

There are 111 District Judges and 228 Additional District & Sessions Judges.

 

Amongst the posts of 111 District Judges, there are 50 posts carrying the pay scale of Selection Grade and 12 posts in the Super Time Scale. These two categories of posts are supposed to be the promotional posts from the category of Additional District & Sessions Judges.

HARYANA :

The cadre consists of:

i) District & Sessions Judges

ii) Additional District & Sessions Judges

Total posts in both these categories are 88 and 20 per cent of it is ear-marked for Selection Grade.

HIMACHAL PRADESH :

The Higher Judicial Service comprises of District & Sessions Judges / Addl. District & Sessions Judges with a strength of 24 in addition to 4 posts of Registrars in the said Cadre.

Selection Grade is allowed to those Officers who have put in 8 years of service.

JAMMU & KASHMIR :

The Higher Judicial Service in the State comprises of

i) District & Sessions Judges

(Super Time Scale)

ii) District & Sessions Judges

(Selection Grade)

iii) District & Sessions Judges /

Addl. District & Sessions Judges

in the ordinary scale.

 

There are 33 posts in these categories. Out of it, 2 posts have been ear-marked for Super Time Scale and 7 posts carry Selection Grade.

 

KARNATAKA :

The cadre of District Judges consists of 135 posts. 20 posts therefrom carry the Super Time Scale.

 

KERALA :

Out of 101 cadre strength of District Judges, 16 posts are in the Selection Grade.

 

MADHYA PRADESH :

Out of 292 posts in Higher Judicial Service, 51 posts carry Selection Grade Scale, 25 posts carry Super Time Scale and 6 posts carry Above Super Time Scale.

For the Selection Grade, the minimum requirement is 8 years service in Higher Judicial Service; for Super Time Scale, 11 years service in the Higher Judicial Service; for Above Super Time Scale, 14 years service in the Higher Judicial Service.

 

MAHARASHTRA :

There is no specific Selection Grade or Super Time Scale in Metropolitan City , Mumbai. But such scales of pay / grade are there in the Mofussil area. Such posts in the Mofussil area are 191, out of which 7 posts are in the Selection Grade. There seems to be no Super Time Scale District Judge.

 

 

In the Metropolitan Area, the scale of pay admissible to the Selection Grade District Judges in the Mofussil area has been given to the Principal Judge / Addl. Principal Judge of the City Civil Court .

ORISSA :

The Superior Judicial Service consists of 73 posts and out of which 8 posts are in Selection Grade and 3 posts are in Super Time Scale.

PUNJAB :

This State has a simple formula. Out of the 68 posts in the Superior Judicial Service, Selection Grade is given to those who have completed 8 years of service.

RAJASTHAN :

The Higher Judicial Service consists of 248 posts. From out of it, 24 posts are for Selection Grade District Judges.

TAMIL NADU :

The cadre of District & Sessions Judges consists of 125 posts. From out of it, 18 posts carry the Super Time Scale.

TRIPURA :

18 posts of Judicial Officers Grade-I are there comprising of: District & Sessions Judge / Addl. District & Sessions Judge / CJM / Addl. CJM / Legal Remembrancer / Registrar in High Court.

20 per cent of the posts carry Selection Grade.

UTTAR PRADESH :

The biggest State with largest contingent of Judicial Officers in the Higher Judicial Service. There are in all 741 such posts. From out of it, 137 posts are in Selection Grade and 56 carry Super Time Scale.

WEST BENGAL :

The total strength of Higher Judicial Service is 230. They have got almost identical service conditions as that of IAS cadre Officers.

After 9 years of service in the Higher Judicial Service, Selection Grade is given. After 11 years of service, Super Time Scale is given and after 14 years of service, above Super Time Scale is given. (Number of posts in each grade / scale is not available).

DELHI :

The Union Territory of Delhi may appear to be small, but its judicial strength is more than in some of the larger States. There are 134 posts in Higher Judicial Service. Twenty percent of the cadre strength carries Selection Grade and 1 post is in Super Time Scale.

DEMAND MADE FOR UPWARD REVISION BY CERTAIN STATES :

10.109 Some of the Associations of Judicial Officers have asked for upward revision of the posts in the Selection Grade and Super Time Scale.

10.110 The Registrar and Judicial officers of the Office of the Welfare Commissioner, Bhopal Gas Victims, Bhopal have suggested to double the existing Selection Grade posts and Super Time Scale posts in their State.

 

10.111 Judicial Officers Association of Punjab have suggested that Selection Grade pay scale may be given to District Judges after completion of 5 years and Senior Selection Grade after 10 years.

10.112 The High Court of Rajasthan and also the Rajasthan Judicial Service Officers€ Association have stated that Super Time Scale of pay available to IAS Officers should be given to Officers of Higher Judicial Service. Likewise, U.P. Judicial Officers€ Association has suggested for grant of Selection Grade after completion of 6 years in Higher Judicial Service and Super Time Scale after 10 years of such service.

10.113 Government of West Bengal has suggested that certain posts should be created in the cadre of District Judges with consolidated fixed pay of Rs.26,000/- to those who could not reach the High Court.

10.114 All India Judges€ Association has indicated that Selection Grade be given to all District Judges after 8 years of service.

OUR RECOMMENDATION :  

10.115 We have considered carefully the representations of High Courts, State Governments and Service Associations.

10.116 In our opinion, it is necessary to bring about uniformity in giving Selection Grade and Super Time Scale for the District Judges in all the States / UTs. It is also necessary to prescribe the minimum qualification for entitlement to such grade / scale. These two scales are not to be considered as career progression scales. They are functional scales depending upon performance.

10.117 The Commission recommends minimum 25 per cent of the posts in the cadre of District Judges in every State / UT shall carry Selection Grade. This may be given on the basis of merit-cum-seniority to those who have put in minimum experience of 5 years in the cadre.

10.118 The Commission further recommends that minimum 10% of cadre strength in District Judges be given Super Time Scale to those who have put in minimum number of 3 years in the cadre of Selection Grade.

10.119 Having regard to the nature of the pay scales recommended for Selection Grade District Judges and Super Time Scale District Judges, the Commission does not want to recommend any scale above the Super Time Scale in the District Judges cadre.

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