8. RECRUITMENT TO THE CADRE OF

CIVIL JUDGES (JR. DIVN.) -CUM-MAGISTRATES FIRST CLASS

QUALIFICATION FOR RECRUITMENT :

8.1 Judicial Service in India is a career service with pyramidic structure of Courts. At the lower rung, there are judges called Munsiff-Magistrates since termed as Civil Judges (Jr. Divn.)-cum-Magistrates. Immediately higher is the cadre of Civil Judges (Sr. Divn.) / Chief Judicial Magistrates and above them Additional District and Sessions Judge / District and Sessions Judge. These cadres constitute the Subordinate Judiciary in every State. Over and above the Subordinate Judiciary is the High Court, which is the highest Court in the State, set up under Article 214 of the Constitution.

8.2 The Constitution prescribes the qualification for recruitment of District Judges and High Court Judges.

8.3 Article 233(2) provides that no person is eligible to be appointed a District Judge unless he has been an advocate or a pleader for not less than 7 years.

8.4 Article 217(2)(b) prescribes 10 years experience as an advocate for being eligible for appointment as a High Court Judge. Similar is the qualification for acquiring eligibility for appointment to the Supreme Court under Article 124(3)(d) of the Constitution.

8.5 But no such experience as an advocate or a pleader has been provided in the constitution for recruitment to the cadre of Civil Judge (Jr. Divn.)-cum-Magistrates First Class.

8.6 In view of this omission in the Constitution, States were free to prescribe any qualification and follow any method for selection. Some States were recruiting fresh law graduates without any experience at the Bar while other States insisted more than 4 to 5 years of Bar experience.

 

8.7 The Supreme Court in the ALL INDIA JUDGES€ ASSOCIATION CASE1 (AIR 1993 SC 2493) did not approve of the different qualifications prescribed by different States. The Court observed at p.2505 as follows:

"It has, however, become imperative, in this connection, to take notice of the fact that the qualifications prescribed and the procedure adopted for recruitment of the judges at the lowest rung are not uniform in all the States. In view of the uniformity in the hierarchy and designations as well as the service conditions that we have suggested, it is necessary that all the States should prescribe uniform qualifications and adopt uniform procedure in recruiting the judicial officers at the lowest rung in the hierarchy. In most of the States, the minimum qualifications for being eligible to the post of Civil Judge-cum-Magistrate First Class / Magistrate First Class / Munsiff Magistrate is minimum three years€ practice as a lawyer in addition to the degree in law. In some States, however, the requirement of practice is altogether dispensed with and Judicial Officers are recruited with only a degree of law to their credit. The recruitment of raw graduates as judicial officers without any training or background of lawyering has not proved to be a successful experiment. Considering the fact that from the first day of his assuming office, the judge has to decide, among others, questions of life, liberty, property and reputation of the litigants, to induct graduates fresh from the Universities to occupy seats of such vital powers is neither prudent nor desirable. Neither knowledge derived from books nor pre-service training can be an adequate substitute for the first-hand experience of the working of the Court-system and the administration of justice begotten through legal practice.

 

 

1. AIR 1993 SC 2493.


 

The practice involves much more than mere advocacy. A lawyer has to interact with several components of the administration of justice. Unless the judicial officer is familiar with the working of the said components, his education and equipment as a Judge is likely to remain incomplete. The experience as a lawyer is, therefore, essential to enable the judge to discharge his duties and functions efficiently and with confidence and circumspection. Many States have hence prescribed a minimum of three years€ practice as a lawyer as an essential qualification for appointment as a judicial Officer at the lowest rung. It is, hence, necessary that all the States prescribe the said minimum practice as lawyer as a necessary qualification for recruitment to the lowest rung in the judiciary.

xxx xxx xxx

xxx xxx xxx

We, therefore, direct that all States shall take immediate steps to prescribe three years€ practice as a lawyer as one of the essential qualifications for recruitment of the judicial officer at the lowest rung."

8.8 Pursuant to these directions, almost all States have fallen in line by prescribing the minimum Bar experience as three years of qualification for recruitment.

8.9 Some States, however, have prescribed more than three years since the Supreme Court has mandated only the minimum qualification.

10. We may set out below the existing methods followed by the States andUnion Territories for selection of Civil Judges (Jr. Divn.).

 

 

ANDHRA PRADESH

(i) Rules

Andhra Pradesh State Judicial Service Rules, 1962.

(ii) Qualification

a) By Direct Recruitment :

i) Must not have completed 38 Years of age.

ii) Must be actually practising as an Advocate of a High Court or as a First Grade Pleader with a degree in Law of a University.

iii) Must have been actually practising in Court of Civil and Criminal Jurisdiction for a period of not less than three years;

Provided in case of a person who is already in Govt. Service and applies for Civil Judge (Jr. Dn.) by direct recruitment, he must have actually practised for a period of not less than 3 years immediately prior to the date of his entering Govt. Service.

b) Recruitment by transfer :

i) Must not have completed 45 years of age

ii) (a) Must possess a degree in Law of any University in India .

(b) Must have passed the examination in Law of Practice and Procedure of the Andhra Pradesh Bar Council or equivalent thereto.

(c) The age-limit in the case of candidates belonging to Scheduled Castes / Schedule Tribes & the backward classes for direct recruitment shall be 43 years.

(iii) Procedure for selection

After holding the written & oral examinations specified in the schedule to these rules.

(iv) Authority for Selection

The High Court.

(v) Examination

a) Written

For Dist. Munsiff ( Civil Judge Jr. Dn.)

Number of papers - 2

Total Marks - 200

b) Viva Voce

For Dist. Munsiff ( Civil Judge Jr. Dn.)

Total Marks - 25

(vi) Training

(a) Institutional

Andhra Pradesh Judicial Academy at Hyderabad

(b) Duration

4 months

(vii) Probationary period

Two years probation.

* * * * *

EXTRACT OF THE ANDHRA PRADESH STATE JUDICIAL SERVICE RULES, 1962

1. Short Title and Commencement :

(1) These rules may be called the Andhra Pradesh State Judicial Service Rules.

(2) These rules shall be deemed to have come into force on the 1st April, 1958.

2. Definition :

(3) "Appointing authority" means:-

(b) in the case of the appointment to the post of District Munsiff by direct recruitment or by transfer, the Governor; and

(8) "District Munsiff" shall include-

i) Munsiff Magistrate

ii) City Magistrate

iii) Assistant Judge, City Civil Court

iv) Railway Magistrate

v) Municipal Magistrate; and

vi) Magistrate of the Juvenile Court

3. Constitution: The Service shall consist of the following categories of officers namely:-

Category 1 . . . Subordinate Judges

Category 2 . . . District Munsiffs

Category 3 . . . Judicial Second Class Magistrates

 

 

4. Appointments:

AD-HOC RULE :

Notwithstanding anything contained in the A.P. State Judicial Service Rules, on the commencement of this rule the appointment to the category of District Munsiffs shall be only by the methods of direct recruitment and appointment by transfer:

Provided that the vacancies in this category shall be filled by rotation in which direct recruitment and appointment by transfer shall be in the order specified below, in every cycle of five vacancies:

First vacancy ... Direct recruitment

Second vacancy ... Direct recruitment

Third vacancy ... Direct recruitment

Fourth vacancy ... Direct recruitment

Fifth vacancy ... Transfer

The ad-hoc rule hereby and shall be deemed to have come into force on the 12th October 1981.

Note: G.O. Ms. No.406, Home (Cts.C) Dept., dt. 19.7.85.

5. Preparation of lists of approved candidates:-

1.     The High Court of Andhra Pradesh, shall from time to time after holding the examinations in accordance with the scheme specified in the Schedule to these rules for the candidates for appointment by Direct Recruitment and by Transfer to the posts of District Munsiffs prepare lists of persons considered suitable for appointment thereto.

 

 

 

(2) The High Court shall notify the vacancies as per the estimate of vacancies prepared for the year of recruitment, i.e. calendar year, invite applications, scrutinise them, conduct examinations both written and oral, prepare the select lists on the basis of the merit, by following the rule of reservation and send the said lists to the Government for approval of the selection and issuing orders for appointment as District Munsiffs. On appointment they will be imparted training in batches and given posting orders by the High Court.

(3) The list of the approved candidates to be prepared by the High Court shall contain not more than such number of candidates as are equal to the number of notified vacancies.

6. Training: Approved candidates shall undergo before appointment to a category such training as may be prescribed by the State Government and shall execute a bond as may from time to time be prescribed by the Government.

12. (a) General qualifications: No person shall be eligible for appointment to the service unless €

(i) he is a citizen of India ;

(ii) his character and antecedents are such as to qualify him for such appointment; and

(iii) he is of sound health and active habits and free from any bodily defect or infirmity making him unfit for such appointment.

(b) Special qualifications: No person shall be eligible for appointment to the post of District Munsiff by the method specified in column (1) of the table below unless he possess the qualifications specified in the corresponding entries in column (2) thereof.

Note (1): References to age in the table and sub-rule (c) below shall be deemed to be references to age as on the first day of July of the year in which the appropriate list of approved candidates is prepared. The candidates should possess the other qualifications at the time when they apply.

*Note (2): The age limit prescribed in the table and sub rules (c), (d) and (e) shall be raised uniformly by a period, not exceeding the period during which recruitment to the posts fell due but was not made.

Provided that during the period which had elapsed since the recruitment to the posts was last made, the recruitment thereto would have fallen due but was not made.

(G.O. Ms. No.1718 Home (courts.A) dt.17.12.75).

Method of appointment

(1)

Qualifications

(2)

DISTRICT MUNSIFFS

By Direct Recruitment

  1. Must not have completed 38 years of age.

 

  1. Must be actually practising as an Advocate of a High Court in India or as a First Grade Pleader admitted as such by a High Court in India provided that in the case of a candidate who is a First Grade Pleader he must have been in possession of a degree in law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or an Institution recognised by the University Grants Commission, at the time of his Admission as a First Grade Pleader.

 

  1. Must have been actually practising in court of Civil or Criminal Jurisdiction in India for a period of not less than three years."

 

Provided that in the case of a person who is already in Government service and who applies for appointment to the post of District Munsiff by direct recruitment he must have actually practised for a period of not less than three years immediately prior to the date of his entering Government Service.

By transfer

1. Must not have completed 45 years of age; and

2. (a) Must possess a degree in Law of University in India established or Incorporated by or under a Central Act, Provincial Act or a State Act, or an Institution recognised by the University Grants Commission or any other Equivalent qualification.

(b) Must have passed examination in Law of Practice and procedure of the Andhra Pradesh Bar Council or any Examination equivalent thereto.

Provided that a person who possesses a degree in Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or an Institution recognised by the University Grants Commission, the syllabus of which includes "Civil Procedure Code and Criminal Procedure Code" shall not be required to pass the examination in Law and Practice and Procedure of the Andhra Pradesh Bar Council.

EXPLANATION :

* (c) The age limit in the case of candidates belonging to the Scheduled Castes, the Scheduled Tribes, the Aboriginal Tribes in the Scheduled area and the Backward Classes for direct recruitment as Judicial Second Class Magistrates or as District Munsiffs shall be 43 years.

*(Substituted by G.O.Ms. No.774, Home Dt. 9.6.1972)

14 (a) Probation: Every person appointed to any category shall, from the date on which he joins duty or reports for training, whichever is earlier be on probation for a total period of two years on duty in that category within a continuous period of three years.

15. (ii) Every person appointed to the category of District Munsiff shall during the period of probation pass the Account Test for Executive Officers.

 

* * * * *

 

ASSAM

(i) Rules

The Assam Judicial Service Rules 1962 (as amended up to 1995)

(ii) Qualification

a) Must be a Law Graduate of any recognized University or Barrister at Law.

b) Must have atleast 3 years practice at the Bar.

c) Age shall not be less than 25 years and more than 36 years on 1st January of the year in which the advertisement for selection is made.

General conditions:

i) Citizen of Indian Union ;

ii) Shall be of good character;

iii) Shall be of sound health and active habit and free from any bodily defect or infirmity.

iv) Shall not have more than one wife living unless exempted by the Govt. on special grounds;

(iii) Procedure for selection

Written examination followed by interview.

(iv) Authority for Selection

Posts are filled up by Assam Public Service Commission and High Court in 50:50 proportion

(v) Examination

a) Written

Number of papers - 4

Total Marks - 500

b) Viva Voce

Marks - 200

(vi) Training

Institutional:

a) North Eastern Judicial Officers€ Training Institute, Guwahati.

b) Duration - Fourteen weeks training.

(vii) Probationary period

One year from the date of appointment.

* * * * *

 

 

 

 

EXTRACT OF THE ASSAM JUDICIAL SERVICE RULES, 1962,

AS AMENDED UPTO 1995

Rule 1 - Short Title and Commencement -

(1) These rules may be called the Assam Judicial Service (Amendment) Rules, 1995.

(2) They shall come into force on the date of their publication in the official Gazette.

Rule 4 - Recruitment to the other posts of the Service on the commencement of these Rules shall be made by the following methods :-

(c) Appointment to the posts in Grade-III of the service shall be made by the Governor on the recommendation of the High Court on the basis of selection from amongst the members of the Bar by the High Court.

Rule 5

(A)(1) Of the vacancies to be filled up in Grade-III of the service, there shall be a reservation for candidates belonging to Scheduled Castes, Scheduled Tribes (Plains) and Scheduled Tribes (Hills) not exceeding 7% (seven per cent), 10% (ten per cent) and 5% (five per cent) respectively.

 

 

Rule 7 - Qualification for recruitment to the service in Grade III.

A candidate for recruitment to the post in Grade-III shall satisfy the following conditions besides the general conditions laid down under rule 8 :-

(i) he must be a Graduate in Law of any recognised University or Barrister at Law;

(ii) he must have practised at least three years at the Bar;

(iii) the age of the candidate for selection shall not be less than 25 years and more than 36 years on the 1st January of the year in which the advertisement for selection is made.

Rule 8 - General Qualification -

Every member of the Service shall qualify the following general conditions:-

(i) shall be a citizen of Indian Union;

(ii) shall be of good character;

(iii) shall be of sound health and active habit and free from any bodily defect or infirmity which render him unfit for such appointment;

(iv) shall not have more than one wife living unless exempted by the Government on special grounds.

Rule 8(A) - Training -

(1) There shall be a training course for the Officers appointed in Grade III of the service which shall be spread over a part of fourteen weeks as under:-

(a) working knowledge of criminal Courts, being attached to such courts, for a period of five weeks;

(b) working knowledge of the revenue courts for a period of two weeks;

(2) During the period of their training, trainees will be attached to District Judges who will detail the trainees to different courts. They will attend the courts situated in the District Head-Quarters and watch at least, one sessions case, original work in the Munsiffs Courts and also in the Magistrate€s Courts. They will be under the supervision of the District Judges concerned during the said period.

(3) During the period as stated above they will also have to acquire knowledge of accounts, working of the offices and maintaining of various registers in the offices of the Munsiffs and Magistrates.

(4) During the last period of the training they will come to Gauhati for two weeks to acquaint themselves with the working of the High Court and of the Assam Board of Revenue. During that period they will be under the guidance of the Registrar of the High Court.

(5) In order to understand the working of the offices of the subordinate Courts, the trainees must have a thorough knowledge of the provisions of the Civil Rules and Orders framed by the High Court under the Civil Procedure Code and the Criminal Rules and Orders framed by the High Court under the Criminal Procedure Code, as well as the Assam Fundamental Rules. The District Judges should bring the importance of this requirement to the notice of the trainees before they are allotted for training as specified above.

Rule 9 - Probation and confirmation -

All appointments other than appointments to temporary post under these Rules shall be on probation for a period of one year from the date of appointment to such post.

* * * * *

 

 

 

 

 

 

 

 

BIHAR

(i) Rules

The Bihar Judicial Service Recruitment Rules, 1955.

(ii) Qualification

a) Should be a Graduate in Law of1 any recognised University or a Barrister-at-Law or a member of the Faculty of Advocates in Scotland or an attorney on the rolls of a High Court.

b) Under 31 years and over 22 years of age on the 1st day of August preceding the year in which the examination is held.

For SC / ST candidates must be Under 36 years and over 22 years of age.

Provided that no candidate who does not belong to SC / ST shall be allowed to take more than five chances at the examination.

c) Be a practitioner at the Bar of atleast one year€s continuous standing on the date of advertisement.

  1. Must be of sound health, good physique and active habits & free from any physical defect.

e) Good Character.

(iii) Procedure for selection

After conducting written examination and viva-voce.

(iv) Authority for Selection

The Public Service Commission in consultation with the High Court.

(v) Examination

a) Written

Number of papers - 7

Total Marks - 950

b) Viva Voce

Total Marks - 200

(vi) Training

Newly recruited Munsiffs are not given training in any Institute.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

EXTRACT OF THE BIHAR JUDICIAL SERVICE RECRUITMENT

RULES, 1955

Rule 1 - (a) Short Title and Commencement.

These rules may be called the Bihar Judicial Service Recruitment Rules, 1955 and shall take effect from the date of this notification.

(b) Definition: In these rules, unless there is anything repugnant in the subject or context

(i) €Commission€ means the Bihar Public Service Commission;

(vii) €Service€ means the Bihar Judicial Service which includes posts of Subordinate Judges and Munsiffs.

Rule 2 - (a) Recruitment to the posts of Munsiffs shall be made in accordance with these rules.

Rule 4 - The Commission shall announce in each year, in such manner as they think fit, the number of vacancies to be filled that year by direct recruitment on the results of a competitive examination and shall invite applications from candidates eligible for appointment under these rules. The competitive examination will be conducted by the Commission and will normally be held between the months of November and February.

Rule 6 - A candidate may be of either sex and must -

(a) be under 31 years and over 22 years of age on the 1st day of August preceding the year in which the examination is held:

Provided that in candidate belonging to a Scheduled Caste or a Scheduled Tribe must be under 36 years and over 22 years of age on the said dates.

Provided further that no candidate who does not belong to a Scheduled Caste or a Scheduled Tribe shall be allowed to make more than five chances at the examination;

(b) be a graduate in Law of a University recognised by the Governor or a Barrister-at-Law or a member of the Faculty of Advocates in Scotland, or an attorney on the rolls of a High Court or posses other educational qualifications which the Governor may, after consultation with the High Court and the Commission, decide to be equivalent to those prescribed above; and

(c) be a practitioner at the Bar of at least one year€s continuous standing on the date of the advertisement.

Rule 7(a) - A candidate must be of sound health, good physique and active habits and free from any physical defect likely to interfere with the efficient performance of the duties of member of the service. A candidate who is found after examination by a Medical Board not to satisfy these requirements will not be selected for appointment.

Rule 14 - The examination shall be held according to the syllabus specified in Appendix €C€ to these rules which are liable to alteration from time to time by Government after consultation with the High Court and the Commission.

 

Rule 15 - (a) The Commission shall have discretion to fix the qualifying marks in any or all the subjects at the written examination in consultation with the Patna High Court.

(b) The minimum qualifying marks for candidates belonging to the Scheduled Castes and the Scheduled Tribes shall not be higher than 35 per cent unless the number of such candidates qualifying at the written test according to the standards applied for other candidates is considerably in excess of the number of candidates required to fill all the vacancies reserved for the Scheduled Castes and the Scheduled Tribes:

Provided that the determining the suitability of a particular candidate for appointment, the total marks obtained at the written examination, and not the marks obtained in any particular subject or subjects, shall be taken into consideration.

(c) There shall be no qualifying marks for the Viva-voce test.

Rule 17 - On the basis of the marks obtained at the written examination, the Commission shall arrange for viva-voce test of the candidates who have qualified at the written examination according to Rule 15:

Provided that in exceptional circumstances and with the prior approval of Government, the Commission may, at their discretion, admit candidates of the Scheduled Castes and the Scheduled Tribes to the Viva-voce test even though they may not have obtained the minimum qualifying marks at the written test.

Rule 24 - A candidate appointed to the post of Munsiff otherwise than on a temporary basis shall be appointed on probation in the first instance but will be eligible for confirmation as a Munsiff subject to the condition that-

(i) he has completed two years of service from the date of his first appointment;

                                i.            he has passed such tests as may from time to time be prescribed in the Departmental Examination Rules, and

(iii) he is recommended by the High Court for such confirmation.

Rule 25 - A candidate appointed on a temporary basis shall have to undergo all the training for the post as if he were appointed on a substantive basis.

* * * * *

DELHI

(i) Rules

Delhi Judicial Service Rules

(ii) Qualification

i) Citizen of India

ii) Must have practiced as an Advocate for not less than three years on the last date prescribed for the submission of applications.

iii) Not more than 32 years of age on the first day of January following the date of commencement of examination.

(iii) Procedure for selection

After holding written examination followed by viva-voce to be held by the High Court.

(iv) Authority for Selection

The Administrator upon recommendation of the Selection Committee consisting of

a) Chief Justice or a Judge of the High Court.

b) Two Judges of the High Court nominated by the Chief Justice.

c) Chief Secretary, Delhi Administration, Delhi .

d) A Secretary of the Delhi Administration nominated by the Administrator.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 850

b) Viva Voce

Total Marks - 100

(vi) Training

Ad-hoc. The newly recruited Civil Judges are imparted training for a period of 6 to 9 months by attaching them with Senior Judicial Officers and imparting them lectures on various important legal subjects.

(vii) Probationary period

Two years probation.

 

* * * * *

EXTRACT OF THE DELHI JUDICIAL SERVICE RULES, 1979

Rule 1 - Short Title and Commencement : (1) These Rules may be called the Delhi Judicial Service Rules and they shall come into force from the date of publication in the Delhi Gazette.

Rule 3 - (a) On and from the date of commencement of these rules there shall be constituted a Civil Service to be known as the Delhi Judicial Service.

(d) A person appointed to the service shall be designated as * Civil Judge or Metropolitan Magistrate or as * Civil Judge-cum-Metropolitan Magistrate in accordance with the duties being discharged by him for the time being.

 

Rule 7 - For purpose of recruitment to the service there shall be a Selection Committee consisting of the following:-

(1) Chief Justice or a Judge of the High Court deputed by him.

(2) Two Judges of the High Court nominated by the Chief Justice.

(3) Chief Secretary, Delhi administration, Delhi .

(4) A Secretary of the Delhi Administration nominated by the Administrator.

The Registrar of the High Court shall be the ex-officio Secretary of the Committee.

Rule 8 - The initial recruitment shall be made by the Administrator upon the recommendation of the Selection Committee.

Rule 13 - Recruitment after the initial recruitment, shall be made on the basis of a competitive examination to be held by the High Court at such intervals as the Administrator may in consultation with the High Court determine. The dates on which and the place at which the examination is to be held shall be fixed by the Administrator.

_______________________________________________________________

* Amended vide Govt. of N.C.T. Delhi€s Notification No.F.6/15/85-Judl

Vol.I/861 dated 12.5.1994.

 

Rule 14 - A candidate shall be eligible to appear at the examination if he is:

(a) a citizen of India

*(b) a person who has practised as an Advocate for not less than 3 years on the last date prescribed for the submission of application.

(c) not more than 32 years of age on the 1st day of January following the date of commencement of the examination.

Rule 16 - After the written test, the High Court shall arrange the names of the candidates in order of merit and these names shall be sent to the Selection Committee.

Rule 17 - The Selection Committee shall call for viva-voce test only such candidates, who have qualified at the written test as provided in the appendix.

Rule 18 - (i) The Selection Committee shall prepare a list of candidates in order of merit on the basis of competitive examination held in accordance with the Rules. Such list will be forwarded to the Administrator.

(ii) The Administrator may in consultation with the High Court make appointment in substantive, officiating or temporary vacancies from amongst those who stand highest in order of merit.*

Rule 19 - disqualification :

(1) No person who has more than one wife living shall be eligible for appointment to the Service.

(2) No woman who is married to any person who has a wife living shall be eligible for appointment to the Service.

_______________________________________________________________

* Amended vide Govt. of N.C.T. Delhi€s Notification No.F.6/15/85-Judl

Vol.I/861 dated 12.5.1994.

Rule 20 - (1) Persons appointed to the service at the initial recruitment shall stand confirmed with effect from the date of appointment.

(2) All other candidates on appointment to the Service shall be on probation for a period of two years.

 

_______________________________________________________________

* Rule (18) substituted vide Delhi Administration€s Notification No.F.6/15/85-Judl dated, the 23rd February, 1990.

 

Rule 28 - Recruitment made to the service by competitive examination shall be subject to orders regarding special representation and other concessions for the Scheduled Castes and Scheduled Tribes and Emergency Commissioned Officers and Short Service Commissioned Officers issued by the Central Government from time to time.

 

* * * * *

 

 

 

 

 

 

 

GOA

(i) Rules

Goa Civil Service (Judicial Branch) Rules, 1992.

(ii) Qualification

i) A degree in law of any recognised University in India or equivalent thereof from a foreign country.

ii) Practice as an Advocate in High Court or any Courts subordinate thereto, for not less than three years.

(iii) Procedure for selection

Interview.

(iv) Authority for Selection

Goa Public Service Commission.

(v) Examination

a) Written

Number of papers - Nil

Total Marks -

b) Viva Voce

Marks - 100

(vi) Training

Six months

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

 

 

 

EXTRACT OF THE GOA CIVIL SERVICE (JUDICIAL BRANCH)

RULES, 1992

Rule 1 - Short Title and Commencement. € (1) These Rules may be called the Goa Civil Service (Judicial Branch) Rules, 1992.

(2) They shall come into force at once.

2. Definition.- In these Rules, unless the context otherwise requires, -

(a) "Committee" means the Committee constituted under Rule 7;

(d) "High Court" means the High Court of Judicature at Bombay having jurisdiction over the State of Goa ;

(e) "Members of the service" means persons appointed to any grade of the service in any capacity whatsoever in accordance with these Rules;

3. Constitution of Service and its Classification.-

The service shall have the following two Grades, viz:-

(1) Grade I - consisting of District Judges and Additional District Judges.

(2) Grade II € Senior Branch € Civil Judge, Senior Division.

Junior Branch € Civil Judge, Junior Division.

5. Method of recruitment. - Save as provided in Rule 10, appointment to posts in Junior Branch of Grade II of the service shall be made by direct recruitment in accordance with these rules.

 

 

 

6. Eligibility. - No person shall be eligible for appointment to the Junior Branch, Grade II, of the service unless:

(a) he is an Indian citizen;

(b) he is not less than 25 years and not more than 35 years of age (40 years in case of candidates belonging to the communities recognised as Backward Classes by Government for the purpose of recruitment);

(c) he holds a degree in Law of any recognised University in India or equivalent thereof from a foreign country which has reciprocal understanding with the Government of India in the matter of recognition of academic qualifications;

(d) he produces a certificate from a District Judge that he has sufficient knowledge of Konkani or Marathi;

(e) he has practised as an advocate in the High Court or any Courts subordinate thereto or the former Judicial Commissioner€s Court for not less than three years on the last date prescribed for the submission of the application, or he is an Assistant Public Prosecutor.

7. Interview: - Appointment to the Grade II, Junior Branch shall be made by the Governor in consultation with the Goa Public Service Commission wherein the representative of the High Court nominated by the Chief Justice of High Court shall be associated and whose opinion shall prevail unless there are strong and cogent reasons for not accepting it which reason shall be recorded in writing.

The Committee shall prepare a Select List of candidates in order of merit after holding interviews of eligible candidates. Such list shall remain in operation until exhausted or for a period of two years, whichever is earlier. The Committee may evolve a reasonable method or formula for short-listing of candidates for holding interviews.

 

 

Rule 9 - Appointment of candidates included in the list

(a) Subject to the provisions of these Rules, the candidates may be considered for appointment to the available vacancies in the order in which their names appear in the List referred to in Rule 7.

(b) In filling the vacancies reserved for members of the Schedules Castes, Scheduled Tribes and Other Backward Classes as may be prescribed by the Government respectively, candidates belonging to these communities shall be considered for appointment as between themselves in the order in which their names appear in the List:

Provided that if a sufficient number of suitable candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for whatsoever reason for filling all the vacancies so reserved, the remaining vacancies shall be filled up by appointment of the other candidates in the List and an equivalent number of additional vacancies shall be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes to be filled at the time of the next selection:

Provided further that if a sufficient number of suitable candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available at the time of the said next selection to fill up all the reserved vacancies, including the additional vacancies or such of them as are not filled, such vacancies shall lapse and form part of general vacancies.

Rule 12 - Period of probation and confirmation. - (a) Every person appointed to the Junior Branch Grade II of the Service, shall be on probation for a minimum period of two years and shall continue to be on such probation till the High Court issues a certificate about the satisfactory completion of probation. A person on probation shall be liable to be discharged from service at any time by the Governor on the recommendation of the High Court.

* * * * *

 

GUJARAT

(i) Rules

Gujarat Judicial Service Recruitment Rules, 1961.

(ii) Qualification

i) Members of the Bar of 3 years practice.

ii) Not less than 21 years and not more than 35 years of age in case of communities recognised as backward classes by Govt., not more than 40 years having sufficient knowledge of Gujarati and Hindi and ability to translate into and from English.

(iii) Procedure for selection

Written test followed by interview.

(iv) Authority for Selection

High Court.

(v) Examination

a) Written

Total Marks - 150

b) Viva Voce

Total Marks - 100

(vi) Training

Judicial Academy of Ahmedabad is imparting training for a period of 3 months to the initial recruitees.

(vii) Probationary period

Two years probation.

 

* * * * *

 

 

 

 

 

 

 

 

 

 

EXTRACT OF THE GUJARAT JUDICIAL SERVICE RECRUITMENT RULES, 1961

Rule 1. These rules may be called the Gujarat Judicial Service Recruitment Rules, 1961.

Rule 2. Definitions:- In these rules unless the context otherwise requires:-

(b) "Commission" means the Gujarat Public Service Commission;

(d) "High Court" means the High Court of Gujarat;

(e) "Service" means the Gujarat Judicial Service.

Rule 3. Constitution of Service:-

(1) The Service shall consist of two Branches, namely:-

(a) Junior Branch and (b) Senior Branch.

(2) The Junior Branch shall consist of the following two classes, namely:-

(a) Class I comprising,

(i) the cadre of Civil Judges (Senior Division) and

(ii) the Judges of the Courts of Small Causes.

(b) Class II comprising, Civil Judges (Junior Division) and Judicial Magistrates of the First Class.

Rule 5. Method of recruitment to Class II of the Junior Branch:-

(1) Appointments to the posts of Civil Judges (Junior Division) and Judicial Magistrates of the First Class shall be made by direct selection from amongst

(i) members of the Bar;

(ii) members of the staff of the High Court or any Court subordinate to it;

(iii) members of the staff working as Assistants in the Legal Section of the Legal Department in Sachivalaya;

(iv) members of the staff of office of the Government Pleader, High Court, Ahmedabad; and

(v) members of the staff of office of the Government Pleader, City Civil Court , Ahmedabad.

(2) The appointments shall be made by the Governor in consultation with the Chief Justice.*

(3) The appointments shall be made from amongst candidates who being members of the Bar.

(a) are not less than 21 and not more than 35 years except that candidates belonging to the communities recognised as Backward by Government for purpose of recruitment may not be more than 40 years of age.

(b) Have practised as Advocates, attorneys or Pleaders for not less than three years on the last date prescribed for the submission of application for the post.

(c) Are certified in Ahmedabad by the Principal Judge of the City Civil Court or the Chief Judge of the Small Cause Court or the Chief Magistrate and elsewhere by a District Judge, to have sufficient knowledge of Gujarati and Hindi so as to

 

 

_____________________________________________________________

* Substituted and deleted by Government Notification, Legal Department,

No.GK/94/13/CJC/1093/192/D, dated June 14, 1994.

 

enable them to speak in the said languages, to write and read the said languages in Devnagari script and to translate with ease, from any of the said languages into English and from English into any of the said languages;

Explanation:- In the case of Police Prosecutors serving under the Government of Gujarat who apply for the post, the maximum age limit shall be 45 years and their service in that capacity shall be deemed to be practice at the Bar.

Rule 3(A). The appointments shall be made from amongst candidates who

being:

(i) members of the staff of the High Court or any Court subordinate to it;

(ii) members of the staff working as Assistant in the Legal Section of the Legal Department in Sachivalaya;

(iii) members of the staff of office of the Government Pleader, High Court, Ahmedabad; and

(iv) members of the staff of the Government Pleader, City Civil Court , Ahmedabad;

(a) are not more than 45 years, and

(b) have obtained the LL.B. (Special) Degree or qualified for enrolment as Advocate and served as such members for a period of not less than five years, including not less than two years after obtaining such degree or qualifying for such enrolment.

Rule 4. Unless otherwise expressly provided, every person appointed under the preceding sub-rules shall be on probation for a period of two years.

* * * * *

HARYANA

(i) Rules

Haryana Civil Service (Judicial Branch)

(ii) Qualification

i) Citizen of India .

ii) Not more than 35 years and not less than 24 years as on the last date fixed for submission of application to Haryana Public Service Commission.

Provided above maximum age for a candidate belonging to SC / ST and Backward class shall be 40 years or such age as may from time to time be fixed by the Government.

iii) Must be a law graduate with three years of practice at the Bar on the last date of submission of application to the Public Service Commission.

(iii) Procedure for selection

After holding the written and oral examinations specified, by the Haryana Public Service Commission.

(iv) Authority for Selection

Haryana Public Service Commission in association with the central committee.

(v) Examination

a) Written

No. of papers - 5

Total Marks - 900

b) Viva Voce

Total Marks - 200

(vi) Training

Ad-hoc :

Every candidate during the period of his probation has to undergo training for 15 weeks.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

EXTRACT OF THE RULES RELATING TO THE APPOINTMENT OF SUBORDINATE JUDGES IN HARYANA (AS AMENDED UPTO 1985)

PART A - QUALIFICATIONS

Rule 1A. Any reference in these rules to "a Subordinate Judge" or "a Sub-Judge" shall unless the context otherwise requires, be construed as a reference to "a member of the, 1(Haryana) Civil Service (Judicial Branch)" or to "the 1(Haryana) Civil Service (Judicial Branch)" as the context may require.

2Rule 2. "No person who is more than 35 years of age or such age as may, from time to time, be fixed by the Government for entry into Government service or less than 24 years of age on the last date fixed for the submission of the application form to the Haryana

 

_____________________________________________________________

  1. Substituted for the word "Punjab" vide Haryana Government, General Administration(General Services) Notification No.GSR./64/Const,/Arts.234 and 309/Amd.-71, dated the 11th June, 1971, published in Haryana Government Gazette, Legislative Supplement, Part III of the 15th June, 1971.

2. Substituted vide Haryana Govt. Notification No.G.S.R.38/Const./Arts.234 and 309 Amd.(1) 94, dated 4-5-94.

Public Service Commission shall be eligible to submit his application form to the Commission for the competitive examination for the Haryana Civil Service (Judicial Branch).

Provided that the above maximum age for a candidate belonging to Scheduled Caste, Scheduled Tribe and Backward Class shall be 40 years or such age as may, from time to time, be fixed by the Government for entry into Government service:

Provided further that an ex-serviceman shall be entitled to deduct from his age such period as may, from time to time be allowed by the State Government for entry into Government service to such candidates subject to maximum of 5 years."

Rule 3. 1No person shall be appointed to be a Subordinate Judge who has not obtained the degree of Bachelor of Laws at any University incorporated by law of India or the degree of Bachelor of Laws of the (undivided) Punjab University, the Sind University, the Dacca University, the Tribhuwan University, Nepal or of the Rangoon or Mandalay University in Burma, or is not a Barrister of England or Ireland or a member of the Faculty of Advocates of Scotland 2and has got three years practice at the Bar on the last date of submission of application form to the Haryana Public Service Commission.

 

_____________________________________________________________

1. Substituted vide Haryana Government Home Department, General Services Branch Notification No.GSR.81/Const./Arts.234 and 309/Amd.(4)/68, dated the 17th September 1968, published in Haryana Government Gazette (Extraordinary) Part III of the 18th September, 1968.

2. Added w.e.f. 24.8.93 vide Haryana Govt. Notification No.G.S.R.35/Const/Arts.234 and 309/Amd.(1)94, dated 4.5.94.

 

Rule 5. No person who has more than one wife living shall be eligible for appointment as a Subordinate Judge.

Rule 8. A member of the 2(Haryana) Civil Service (Judicial Branch) may be required to work as a Subordinate Judge or a Judicial Magistrate or both.

 

 

3"PART B - SUBMISSION OF ROLLS"

Rule 2. In pursuance of the advertisement issued by the Haryana Public Service Commission, candidates will submit their applications to the Commission in the forms prescribed by it along with necessary information and documents as may be required.

PART C - EXAMINATION OF CANDIDATES

The following rules and instructions, which are liable to alteration from year to year, are prescribed for the examination of candidates for admission to the Judicial Branch of the 3(Haryana) Civil Service:-

Rule 1. An examination will be held at such place as the 3(Haryana) Public Service Commission may determine, commencing on such date as may from time to time be notified in the Gazette.

Rule 4. 3The examination papers shall be set and marks awarded by the examiners who will be appointed by the Haryana Public Service Commission. There shall also be a test in viva-voce which will be conducted by the Haryana Public Service Commission. 3The representative of the High Court shall be one of the members of the

 

_____________________________________________________________

3. Substituted for the word " Punjab " vide Haryana Government, General Administration (General Services) Notification No.GSR.65/Const./Arts.234 and 309/Amd. (1) 94, dated 4-5-95.

Selection Committee and the opinion given by him with regard to the suitability of the candidate shall not be disregarded unless there are strong and cogent reasons for not accepting the opinion, which reasons must be recorded in writing.

6. The object of the examination is to test the practical ability of the candidates rather than the range of their theoretical knowledge. For this purpose, the kind of questions that will be asked will be to give the facts of a typical case and ask the candidate to frame issues, to write a judgment, and to discuss the admissibility of evidence.

7. 4No candidate shall be called for the Viva-voce test unless he obtains at least 45 percent marks in the aggregate in all the written papers and 33 percent marks in the language paper, Hindi (in Devnagari script).

8. "5No candidate shall be considered to have qualified in the examination unless he obtains at least 55 per cent marks in the aggregate of all papers including viva-voce test except in the case of candidates belonging to the Scheduled Castes/Tribes and backward classes, in whose case such qualifying marks shall be 50 percent.

6The merit of the qualified candidates shall be determined strictly according to the marks obtained by them.

 

_____________________________________________________________

4. Substituted vide Haryana Govt. Notification No.75/Const./Arts 309/Amd. (1) 74, dated 11.6.74.

5. Substituted vide Haryana Government Notification No.G.S.R.52/Const./Arts.234 and 309/Amd.(1) 90 dated 13.6.90.

6. Added vide Haryana Govt. Notification No. GSR 17 Const./Arts 234 and 309 Amd(4)77 dt. 21.1.1977.

Provided that in case two or more candidates obtain equal marks, their merit shall be determined according to the marks secured by them in the viva-voce and if the marks in the viva-voce of the candidates are also equal, the older in age shall be placed higher in order of merit.

 

PART D - APPOINTMENT

* " 1. The names of candidates, selected by Government for appointment as Subordinate Judges under rules 10 and 11 of Part C, shall be entered on the High Court Register in the order of their selection, subject to the number specified in rule 8.

6. Every candidate shall, during the period of the candidature undergo such training as may be required of him, and if before he completes the training, is appointed as a Subordinate Judge, he shall do so while in service.

7(1) Whenever it shall appear to the Judges that a vacancy or vacancies in the cadre of the Judicial Branch of the **(Haryana) Civil Service, whether permanent, temporary or officiating , should be filled, they will make a selection from the High Court Register in the order in which the names have been entered in the register under rule 1 of this Part. The name or names of the selected candidate or candidates will be forwarded to Government for appointment as Subordinate Judges under Article 234 of the Constitution of India.

_______________________________________________________________

* Substituted vide Haryana Government Notification No .G.S.R.7 / Const./ Arts.234 and 309/Amd.(1) 93, dated the 5th February 1993.

** Substituted for the word "Punjab" vide Haryana Government, General Administration (General Services) Notification No.GSR.64/Const./Arts.234 and 309/Amd.71, dated 11th June, 1971 published in Haryana Government Gazette, Legislative Supplement, Part III of the 15th June, 1971.

 

Every Subordinate Judge shall, in the first instance, be appointed on probation for two years but this period may be extended from time to time expressly or impliedly so that the total period of probation, including extension, if any, does not exceed three years.

 

* * * * *

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HIMACHAL PRADESH

(i) Rules

The Himachal Pradesh Judicial Service Rules, 1973.

(ii) Qualification

i) Not more than 35 years and not less than 25 years on the 1st day of January of the year in which the Commission invites application.

However, 40 years is the maximum age limit for advocates who have practised for minimum period of six years; official, who is a Law Graduate with 3 years legal practice at the Bar and serving on the establishment of the High Court or any court subordinate thereto or in the H.P. Government Secretariat or in offices subordinate to.

(iii) Procedure for selection

After holding the written and oral examinations by P.S.C. in consultation with the High Court.

(iv) Authority for Selection

Himachal Pradesh Public Service Commission.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 900

b) Viva Voce

Total Marks - 250

(vi) Training

One month Ad-hoc practical training with the Senior-Judge-cum-Chief Judicial Magistrate of the respective District.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

EXTRACT OF THE HIMACHAL PRADESH JUDICIAL SERVICE RULES, 1973

Rule 1. Short Title and Commencement

(i) These rules may be called the Himachal Pradesh Judicial Service Rules, 1973.

Rule 2. Definitions: x x x

Rule 3. Constitution of the Service and its Classification

(1) On and from the date of commencement of these rules, there shall be constituted a Civil Service to be known as the Himachal Pradesh Judicial Service.

(2) The Service shall have two grades, namely:

(i) Grade I Selection Grade, and

(ii) Grade II

(3) The posts in Grade I shall be Civil Posts, Class € I € (Senior Gazetted and those in Grade II shall be Civil Posts Class I Junior) Gazetted.

 

Rule 5. Method of Recruitment:

Save as provided in Rule 6 Part IV, the appointment to the Service in Grade II shall be made by competitive examination in the manner specified below:

A € QUALIFICATION

1. A Candidate for appointment to the Service must be:

(a) a citizen of India , or

(b) a subject of Sikkim , or

(c) a subject of Nepal , or

(d) a subject of Bhutan , or

(e) a Tibetan refugee who came over to India before the 1st January 1962 with the intention of permanently settling in India , or

(f) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African Countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tenganyik and Zanzibar) with the intention of permanently settling in India.

Provided that a candidate belonging to categories (c), (d), (e) and (f) above shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.

3. No person, who is more than thirtyfive years or less than twentyfive years of age, on the 1st day of January of the year in which the Commission invites application for the competitive examination for recruitment to the Service shall be eligible to appear in the competitive examination.

Provided that:-

(a) the maximum age limit:-

(i) for an advocate, who has practised at Bar for a minimum period of six years.

(ii) For an official, who is a Law Graduate with three years legal practice at the bar and is serving on the establishment of the High Court or any Court subordinate thereto in the State of Himachal Pradesh Govt. Secretariat or in offices subordinate thereto, and has served on the said establishment or under the State or partly on the said establishment and partly under the State Govt. for a minimum aggregate of three years, or vice-versa, shall be 40 years.

 

NOTE: An incumbent who appears in the competitive examination as an advocate with six years practice at the bar with relaxed age limit as above shall not become ineligible for subsequent Competitive Examination if he is selected as Assistant Public Prosecutor under the Government as such. The maximum age limit of 40 years shall however, be applicable in his case too.

Explanation:

(a) For the purpose of this sub-rule, the expression "High Court" would include the erstwhile Court of Judicial Commissioner of Himachal Pradesh and the Himachal Bench to the Delhi High Court.

(b) For the purposes of computing the period of six years practice at the bar referred to in clause (a) above, the Govt. may, in consultation with the High Court include the period during which a person had served as Subordinate Judge on temporary basis as a result of the competitive examination held by the Commission.

(c) A candidate belonging to Scheduled Caste, Scheduled Tribe or Backward class will be entitled to deduct from his age such period as may from time to time, be allowed by the Government for entry into service for such candidates.

 

4. No person shall be appointed to be a subordinate Judge who is not a Law Graduate with three years legal practice at the bar.

Provided that knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Himachal Pradesh shall be desirable qualification for appointment to the service.

 

 

B. Method of Recruitment and Examination of Candidates:

1) Recruitment to the service shall be made through a competitive examination. Competitive examination shall be held by the Commission at such intervals as the Government may in consultation with the High Court, from time to time, determine. The examination will be held at such place(s) and on such dates as the Commission may determine.

4) The examination paper shall be set and marks awarded by examiners who will be appointed by the Commission. A representative of the High Court shall be a member of the Interview Board which conducts the viva-voce and his advice should prevail unless there are strong and urgent reasons for not accepting it, for which reasons should be recorded in writing.

C. Appointment, Probation and Confirmation:

2. Period of Probation:

a) Every person appointed to the service shall be on probation for a period of two years.

 

* * * * *

 

 

 

 

 

JAMMU & KASHMIR

(i) Rules

Jammu & Kashmir Civil Service (Judicial) Recruitment Rules, 1967.

(ii) Qualification

i) A Bachelor's Degree in Law of a University established in India or a Barrister of England or Northern Ireland or a Member of the Faculty of Advocates in Scotland;

ii) Not more than 35 years as on 1st day of January preceding the year the examination is conducted.

(iii) Procedure for selection

After holding the written and oral examinations by the J&K Public Service Commission.

(iv) Authority for Selection

Jammu & Kashmir Public Service Commission in association with the High Court.

(v) Examination

a) Written

Number of papers - 6 (Compulsory)

6 (Optional)

Total Marks - 950

b) Viva Voce

Total Marks - 250

(vi) Training

Adhoc: Three months but not exceeding six months as determined by the High Court.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

EXTRACT OF THE JAMMU AND KASHMIR CIVIL SERVICE (JUDICIAL) RECRUITMENT RULES, 1967

Rule 1. Short title, commencement and repeal -

(1) These rules may be called the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967.

(2) These rules shall come into force from the date these are published in the Government Gazette.

Rule 2. Scope of the rules - These rules shall apply to the selection of candidates for appointments to the posts of Munsiffs in the Jammu and Kashmir Civil Service (Judicial).

Rule 3. Definitions - If these rules unless there is anything repugnant in the subject or context:-

(a) "Commission" means the Jammu and Kashmir Public Service Commission;

(d) "Service" means the Jammu and Kashmir Civil Service (Judicial).

Rule 4. Method of recruitment - Recruitment to the Service shall be made on the basis of the competitive examination conducted by the Commission.

 

Rule 7. Age - No person shall be recruited to the service who is more than 35 years of age on the first day of January preceding the year the examination is conducted by the Commission for recruitment to the service.

Rule 8. Academic Qualifications - No person shall be recruited to the service unless he is -

(a) a Bachelor of Laws of a University established by law in India , or

(b) a Barrister of England or Northern Ireland or a member of the Faculty of Advocates in Scotland or any other equivalent law degree recognised by the Government of India.

Rule 10. Examination - The examination for selection of candidates shall, as far as practical be held annually, at such place or places as the commission may determine commencing on such dates as may from time to time be notified in the Jammu and Kashmir Government Gazette and shall consist of -

(a) Written examination in such legal and allied subjects including procedure as may be included in the syllabus prescribed under Rule 11;

(b) Viva Voce.

The object of viva voce examination is to assess the candidate€s intelligence, general knowledge, personality, aptitude and suitability.

(2) For the purpose of conducting viva voce examination the Commission shall request the Chief Justice either by himself or through a Judge of the Court nominated by him to act as an expert on the Commission.

Rule 12. Papers - The written examination shall include compulsory and optional papers and every candidate shall take all the compulsory papers and three out of the optional papers mentioned in Appendix "A". The total number of marks and the time fixed for each paper are given in the aforesaid Appendix.

Rule 13. Marks -

(1) The examination will carry a total of 1150 marks including 250 marks for viva voce. Candidates obtaining such minimum qualifying marks, subject-wise and in the aggregate, as may be fixed by the Commission after considering the results of the examination and the number of vacancies to be filled, shall be summoned by them for viva voce. Candidates who have failed in two or more subjects, according to the standard so fixed by the Commission, shall not be eligible either for viva voce or for selection.

(2) After the examination the candidates will be arranged by the Commission in the order of merit as disclosed by the aggregate marks including those obtained in viva voce finally awarded to each candidate and in that order so many candidates as are found by the Commission in their discretion to be qualified by the examination shall be recommended for appointment up to the number of unreserved vacancies decided to be filled on the results of the examination;

Provided that any candidate, belonging to a class regarding which provision for reservation of appointment or posts has been made, who though not qualified by the standard prescribed by the Commission is best in order of merit according to the results of the examination from that class shall be recommended for appointments to vacancies reserved for members of such class in that service.

(3) The form and manner of communication of the result of the examination to individual candidates shall be decided by the Commission in their discretion and the Commission will not enter into correspondence with them regarding the result.

Rule 43. Probation - The selected candidate, if so required by the Court, shall have to pass a departmental examination to be prescribed for the purpose before he is confirmed as Munsiff.

 

* * * * *

KARNATAKA

(i) Rules

Karnataka Judicial Service (Recruitment) Rules, 1983.

(ii) Qualification

i) Degree in Law or equivalent;

ii) Must have practised as an Advocate for not less than 4 years;

iii) Must be more than 25 years but must not have attained the age of 38 years.

(iii) Procedure for selection

After holding the written and oral examination by the Committee of five judges of the High Court.

(iv) Authority for Selection

High Court of Karnataka.

(v) Examination

a) Written

Number of papers - 4

Total Marks - 400

b) Viva Voce

Total Marks - 100

(vi) Training

Training is being imparted under the supervision of High Court ranging from 3 weeks to 5 weeks.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

 

 

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

Rule 1. Title and Commencement - (1) These rules may be called the Karnataka Judicial Service (Recruitment) Rules, 1983.

Rule 2. Method of Recruitment, Minimum Qualification etc.

In respect of each category of posts specified in Column (2) of the Schedule below, the method of recruitment and the minimum qualifications shall be as specified in the corresponding entries in Columns (3) and (4) thereof:-

Sl. No.

Category of Posts

Method of recruitment

Minimum Qualifications etc.

1

Munsiffs

By direct recruitment on the basis of written examination and viva voce examination conducted by the High Court of Karnataka in accordance with the rules.

1Provided that in respect of the vacancies categorised as 'backlog' relating to the Scheduled Castes and Scheduled Tribes under the Government Order No.DPAR 19 SBC 89, dated 12-7-89, as amended from time to time, the direct recruitment under these rules shall be on the basis of such viva voce examination only.

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

2. Must on the last date fixed for submission of application be:-

(a) Practising as an Advocate and must have so practised for not less than four years as on such date; or

(b) Working as a Senior Asst.Public Prosecutor in the Department of Prosecutions and must have so worked for not less than four years as on such date.

 

 

Note: Period of practice as an Advocate, if any, shall for the purpose of clause(b) be treated as service as Assistant Public Prosecutor.

Age: Must have attained the age of twenty five years and must not have attained the age of 38 years on the last date fixed for submission of applications.

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

 

 

 

 

 

 

 

 

 

* * * * *

 

 

 

 

 

 

 

 

 

 

 

KERALA

(i) Rules

Kerala State Judicial Service Rules, 1991.

(ii) Qualification

Out of every 4 vacancies first, second and third shall be filled or reserved to be filled by direct recruitment and the fourth by transfer from inservice personnel.

i) Practice at the Bar for not less than five years;

ii) Must not have completed 35 years on first day of January of the year in which applications are invited;

iii) Must be a Law Graduate or Barrister-at-Law.

(iii) Procedure for selection

After holding the written and oral examinations.

(iv) Authority for Selection

High Court of Kerala.

(v) Examination

a) Written

Number of papers - 4

Total Marks - 400

b) Viva Voce

Total Marks - 50

(vi) Training

Institutional:

Every person selected shall undergo Training for 24 weeks in the Directorate of Training under the High Court of Kerala.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

EXTRACT OF THE KERALA JUDICIAL SERVICE RULES, 1991

Rule 1. Short title and Commencement -

(1) These Rules may be called The Kerala Judicial Service Rules, 1991.

(2) They shall come into force with effect from 1.1.1992.

2. Applicability of the General Rules.- The provisions of the Kerala State and Subordinate Service Rules, 1958 shall apply to the service wherever express provision is not otherwise made in these rules.

3. Constitution - (1) There shall be a common service called €The Kerala Judicial Service€ in the place of existing Kerala Civil Judicial Service and Kerala Criminal Judicial Service.

(2) The service shall consist of the following categories of officers namely:-

Category 1:- Subordinate Judges / Chief Judicial Magistrates

Category 2:- Munsiff Magistrate

 

(3) The service shall first be formed by integrating the members of the Kerala Civil Judicial Service consisting of Subordinate Judges and Munsiffs and the members of the Kerala Criminal Judicial Service consisting of Selection Grade Civil Judicial Magistrates, Chief Judicial Magistrates, Senior Grade Judicial Magistrates of the first class, Judicial Magistrates of the first class and Judicial Magistrates of the second class.

Rule 4. Appointing Authority.- the appointing authority for category 1 shall be the High Court of Kerala and for category 2 shall be the Governor of the State.

Rule 5. Appointment.- (1) Appointment to a category specified in column (1) below shall be made by the method of appointment specified against that category in column (2).

 

Category

Method of appointment

 

1

2

2.

Munsiff Magistrates

Direct recruitment and transfer in the manner provided in sub-rule (3) of this rule.

 

(3) Out of every four vacancies arising in category 2, the first, second and third shall be filled or reserved to be filled by direct recruitment and the fourth by recruitment by transfer from among the following categories:

(i) Assistant Public Prosecutors Grade I

Assistant Public Prosecutors Grade II

(ii) Assistant Registrar

Private Secretary to the Chief Justice and other Officers of the High Court in the same scale of pay of Assistant Registrars, Personal Assistant to the Chief Justice, Additional Personal Assistant to the Chief Justice, Section Officers, Librarian, Reference Librarian, Court officers, Court Fee Examiners, Accountant, Head Translator, and Selection Grade Shorthand Writers in the High Court of Kerala.

(iv) Section Officers and Librarian in the Law Department, Government Secretariat.

(v) Sheristedars of District Courts, Additional District Courts, Special Courts, the Office of the Motor Accidents Claims Tribunals, the Office of the State Transport Appellate Tribunal and the Sub-Courts, Head Clerks of the District Courts and Additional District Courts and Selection Grade Confidential Assistants in the Subordinate Civil Courts.

(vi) Sheristedars of Chief Judicial Magistrate€s Courts and Selection Grade Confidential Assistants in the Subordinate Criminal Courts.

Rule 8. Training. - Every person selected for appointment to category 2 shall undergo such training as may be prescribed in this behalf by the High Court.

Rule 10. Qualification. - (1) No Advocate shall be eligible for appointment to category 2 unless he is having practice at the Bar for a period of not less than five years and has not completed 35 years of age on the first day of January of the year in which applications for appointment are invited.

 

(3) (i) to sub-rule (1) the following further proviso shall be added namely:-

"Provided further that an Advocate, who is a member of Scheduled Caste or the Scheduled Tribe shall be eligible for appointments to category 2 if he is having practice at the Bar for a minimum period of not less than three years."

Rule 11. Probation. - (1) Every person appointed to any category shall, from the date on which he joins duty be on probation, if he is recruited direct or by transfer for a total period of two years on duty within a continuous period of three years and if appointed by promotion, for a total period of one year on duty within a continuous period of two years.

Rule 12. Tests. - Every person appointed to category 2 shall within the period of probation pass the Account Test for Executive Officers or the Account Test (Lower) unless he has already passed either of those tests and also pass such other tests as may be prescribed by the High Court of Kerala.

 

* * * * *

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LAKSHADWEEP

(i) Rules

The Lakshadweep Administration Judicial Department (Munsiffs Recruitment) Rules, 1986.

(ii) Qualification

i) Should not exceed 35 years (relaxable for Govt. servants upto 5 years);

  1. Bachelor€s Degree in Law;
  2. Practice at the Bar for not less than 5 years;
  3. Knowledge of Malayalam.

(iii) Procedure for selection

By transfer on deputation from among the members of Kerala Judicial Service holding analogous posts.

(iv) Authority for Selection

The Union Public Service Commission is the authority for selection in consultation with the High Court of Kerala.

(v) Examination

a) Written

Not applicable in view of the reply to Question (iii) above.

b) Viva Voce

Not applicable in view of the reply to Question (iii) above.

(vi) Training

As applicable to Kerala Judicial Service Officers.

(vii) Probationary period

Two years.

* * * * *

 

 

 

 

 

 

 

MADHYA PRADESH

(i) Rules

The Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service ) Rules, 1994.

(ii) Qualification

i) Citizen of India ;

ii) Attained the age of 25 years and not completed 35 years on the 1st day of January of the year in which the applications are invited;

iii) Degree in Law;

iv) Practised as an Advocate for not less than 3 years on 1st January.

  1. Good character and sound health.

(iii) Procedure for selection

By holding examination by the Public Service Commission in consultation with the High Court and the State Government.

(iv) Authority for Selection

Public Service Commission.

(v) Examination

a) Written

Number of papers - 2

Total Marks - 200

b) Viva Voce

Total Marks - 25

(vi) Training

Judicial Officers Training Institute at Jabalpur is imparting training for a period of 3 ½ months.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

EXTRACT OF THE MADHYA PRADESH LOWER JUDICIAL SERVICE (RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 1994

Rule 1(1). Short Title, Commencement and Application:

These Rules may be called the Madhya Pradesh Lower Judicial Service (Recruitment and conditions of Service) Rules, 1994.

Rule 2. Definitions:- In these Rules, unless the contest otherwise requires :-

(a) 'Commission' means Madhya Pradesh Public Service Commission;

(d) 'High Court' means the High Court of Madhya Pradesh;

(e) 'Service' means the Madhya Pradesh Lower Judicial Service.

Rule 3. Constitution of Service:-

(1) The Service shall consist of the following categories of Civil Judges, namely:-

(i) Civil Judges - Junior Scale

(ii) Civil Judges - Senior Scale

(iii) Civil Judges - Selection Grade-cum-Chief Judicial Magistrates.

Rule 5. Method of Appointment and the Appointing Authority:

(1) All appointments to category (i) of Rule 3(i) shall be made by the Governor by Direct Recruitment in accordance with the recommendations of the Commission on selection:

Provided that the procedure and curriculum for holding examination for the selection of candidates shall be prescribed by the Public Service Commission in consultation with the High Court and the State Government:

Provided further that a sitting Judge of the High Court to be nominated by the Chief Justice shall be one of the members of the Selection Committee and the opinion given by him with regard to the suitability of the candidate shall not be disregarded except for strong and cogent reasons to be recorded in writing.

(2) Appointments to Categories (ii) and (iii) of Rule 3(1) shall be made by the High Court by selection from categories (i) and (iii) of Rule 3(1) respectively. The selection shall be on the basis of merit-cum-seniority.

Provided that appointments to category (ii) and (iii) shall be made only on completion of 6 years and 4 years service in Categories (i) and (ii) of Rule 3(1) respectively on the 1st day of January of the year in which selection is to be made.

Rule 7. Eligibility: No person shall be eligible for appointment by direct recruitment to posts in category (i) of Rule 3(1) unless:-

(a) he is a citizen of India ;

(b) he has attained the age of 25 years and not completed the age of 35 years on the first day of January of the year in which applications for appointment are invited;

Provided that the upper age limit shall be relaxable upto a maximum of five years if a candidate belongs to Scheduled Castes, Scheduled Tribes or other Backward Classes:

 

Provided further that the upper age limit of a candidate who is a Government Servant (whether permanent or temporary) shall be relaxable upto 38 years:

(c) he possesses a degree in law of any recognised University;

(d) he has practised as an Advocate for not less than 3 years on the first day of January of the year in which applications for appointment are invited; and

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

Rule 10. List of candidates recommended by the Commission:-

(1) The Commission shall forward to the Government a list arranged in order of merit of the candidates who have qualified by such standards as the Commission may determine. The list shall be published for general information.

(2) Subject to the provisions of these rules and the Madhya Pradesh Civil Services (General conditions of Service) Rules, 1961, candidates will be considered for appointment to the available vacancies in the order in which their names appear in the lists.

Rule 11. Probation:-

(a) A person appointed to category (I) of Rule 3(1) shall, from the date on which he joins duty be on probation for a period of two years.

(b) The High Court may, at any time, extend the period of probation, but the total period of probation shall not exceed three years.

* * * * *

 

 

 

 

 

 

 

 

MAHARASHTRA

(i) Rules

The Bombay Judicial Service Recruitment Rules, 1956.

(ii) Qualification

i) Candidates who are not less than 21 and not more than 35 years (40 years in the case of candidates belonging to communities recognised as Backward by Govt. for purposes of Recruitment);

ii) Practised as Advocate for not less than 3 years;

iii)Sufficient knowledge of Marathi.

(iii) Procedure for selection

By viva voce after holding elimination / screening test.

(iv) Authority for Selection

Public Service Commission.

(v) Examination

a) Written

Number of papers - Nil

Total Marks - Nil

b) Viva Voce

Total Marks - Not indicated

(vi) Training

Six months

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

 

EXTRACT OF THE BOMBAY JUDICIAL SERVICE RECRUITMENT RULES, 1956

(AS MODIFIED UPTO 1992)

Rule 1. Short Title. - These rules may be called the Bombay Judicial Service Recruitment Rules, 1956.

Rule 2. Definitions - In these rules, unless the context otherwise requires,-

(a) "Commission" means the Bombay Public Service Commission;

(c) "High Court" means the High Court of Bombay;

(d) "Service" means the Judicial Service of the State of Maharashtra .

Rule 3. Constitution of Service, -

(1) The service shall consist of two Branches, namely:-

(a) Junior Branch and

(b) Senior Branch.

(2) The Junior Branch shall consist of the following Class I Officers, namely:-

(1) Judges of the Small Causes Courts at places other than Bombay ;

(2) Civil Judges (Senior Division), Chief Judicial Magistrates and Additional Chief Judicial Magistrates;

(4) Civil Judges (Junior Division) and Judicial Magistrates of the First Class.

 

 

 

Rule 4 (i) appointments to the posts of Civil Judges (Junior Division) and Judicial Magistrates of the First Class shall be made by nomination from members of the Bar (or in special circumstances, by re-employment of retired Civil Judges, Junior Division or by nomination from among officers of other services).

(ii) the appointments shall be made by the Governor in consultation with the Commission (except that it shall not be necessary to consult the Commission in re-employing retired Civil Judges, Junior Division).

Provided that the Commission shall invite a representative of the High Court to be present at the interview held by the Commission for this purpose and the representative so present may take part in the deliberations of the Commission but shall not be entitled to vote;

(iii) appointments other than appointments of retired Civil Judges (Junior Division) shall be made from among candidates who -

(a) are ordinarily not less than twenty-one and not more than thirty-five years (forty years in the case of candidates belonging to communities recognised as Backward by Government for purposes of recruitment).

(b) Unless otherwise expressly directed ordinarily have practiced as advocates attorneys or pleaders in the High Court or Courts subordinate thereto for not less than three years on the last date prescribed for the submission of the applications;

(iv) (a) The person appointed by nomination from the members of the Bar shall be 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.

* * * * *

 

MANIPUR

(i) Rules

Manipur Judicial Service Rules, 1976.

(ii) Qualification

i) (a) 2/3 of the posts are filled by competitive examinations conducted by the Commission.

(b) Shall not be less than 22 years and not more than 32 years of age on the first day of January of the year in which examination is held;

(c) Must be a Graduate in Law of any recognised University.

ii) (a) The remaining one-third posts are filled by selection, by Gauhati High Court from amongst Bar Members with 3 years of practice.

(b) Shall not be less than 25 years and not more than 35 years.

iii) Must be a Graduate in Law of any recognised University.

(iii) Procedure for selection

After holding written examination and viva-voce examination.

(iv) Authority for Selection

Manipur Public Service Commission.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 650

b) Viva Voce

Total Marks - 150

(vi) Training

Two weeks in Criminal Court and another two weeks in Civil Courts before starts working. Foundation and refresher courses are also provided.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

EXTRACT OF THE MANIPUR JUDICIAL SERVICE RULES, 1976

Rule 1(i) - Short Title and Commencement:

These Rules may be called the Manipur Judicial Service Rules, 1976.

Rule 6 - Recruitment:

Recruitment to the posts of the service, other than those mentioned in Rule 16, after the commencement of these Rules, shall be made by the following methods:-

(i) Appointment to the posts in Grade-III in any one year, shall be made by the Governor in the manner indicated below:-

(a) By filling up two third of the posts on the result of the competitive examination to be conducted by the Commission.

(b) By filling up the remaining one third posts by Selection from amongst the members of the Bar by the Gauhati High Court.

Rule 7 - General Qualifications:

Every member of the service shall satisfy the following general conditions:-

(i) shall be a citizen of India .

(ii) shall be of good character.

(iii) shall be of sound health and active habits and free from bodily defect or infirmity which may render him unfit for such appointment.

(iv) shall not have more than one spouse living unless exempted by the Governor on special grounds.

(v) If the member be a woman, she shall not have married a person having another wife living.

 

Rule 8 - Qualification:

A candidate for recruitment to the post in Grade-III shall satisfy the following conditions, besides the general conditions laid down under Rule 7:-

(i) (a) For recruitment on the result of the competitive examination as laid down in Rule 6 (i)(a), he shall not be less than 22 years and not more than 32 years of age on the first day of January of the year in which the examination is held;

(b) For recruitment by selection by the Gauhati High Court as laid down in Rule 6 (i)(b), he shall not be less than 25 years and not more than 35 years of age on the first day of January of the year in which the selection is made.

(ii) He must be a Graduate in Law of any University recognised by the Government or Barrister at Law.

Provided that a candidate for selection from the Bar by the Gauhati High Court must have practised at least for three years in the Bar.

Rule 11 - Probation Period:

All initial appointments to the service shall be on probation for a period of two years from the date of appointment to such posts.

* * * * *

 

 

 

 

MEGHALAYA

(i) Rules

The Meghalaya Judicial Service Rules, 1988.

(ii) Qualification

i) (a) 50% of the posts are filled on the basis of the results of the competitive examination held by the Commission.

(b) Age shall not be less than 21 years and more than 27 years on the 1st of January of the year in which examination is held.

ii) (a) Remaining 50% by selection from amongst Bar members and persons in service by the High Court.

(b) Age of candidate for selection by the High Court shall not be less than 25 years and more than 35 years on the 1st January of the year in which examination is held.

iii) Must be a Law Graduate.

iv) A candidate for selection by the High Court must have:

a) Practice at least 3 years in the Bar;

b) A law degree and worked as an employee of Supreme Court, High Court, District Court or a Civil or Criminal Court for at least seven years.

(iii) Procedure for selection

After holding written and oral examinations.

(iv) Authority for Selection

Public Service Commission.

(v) Examination

a) Written

Number of papers - 4

Total Marks - 500

b) Viva Voce

Total Marks - 100

(vi) Training

Two weeks in Criminal Court and another two weeks in Civil Courts.

(vii) Probationary period

One year.

 

* * * * *

 

 

 

 

EXTRACT OF THE MEGHALAYA JUDICIAL SERVICE RULES, 1988 (DRAFT)

1. (1) These Rules may be called the Meghalaya Judicial Service Rules, 1988.

(2) They shall come into force at once.

2. In these rules, unless there is anything repugnant to the subject or context:-

(a) "Commission" means the Meghalaya Public Service Commission;

(b) "High Court" means the Gauhati High Court;

(e) "Member of the service" means a person appointed or deemed to have been appointed under the provisions of these rules to any post in the Service;

(g) "Service" means the Meghalaya Judicial Service.

 

6. Recruitment:- Recruitment to any post in the Service after the commencement of these rules shall be made by the following methods, namely:-

(c) Appointment to any post in Grade-III in any one year shall be made by the Governor in the manner indicated below, namely-

(i) by filling up fifty percent of the post on the basis of the results of the competitive examination to be conducted by the commission in the manner laid down in Schedule B.

(ii) By filling up the remaining fifty percent of the posts by selection from amongst the members of the Bar and from amongst the persons serving in connection with the affairs of the State by the High Court.

8. Qualifications for recruitment to the Service in Grade-III:-

A candidate for recruitment to any post in Grade-III shall satisfy the following conditions besides the general conditions laid down under rule 9, that is-

(a) the age of the candidate for recruitment through the Commission shall not be less than 21 years and more than 27 years on the 1st of January of the year in which the examination is held; provided that the upper age limit in respect of a candidate belonging to Scheduled Tribes, Scheduled Castes and other Backward classes shall be in accordance with any general or special rules or orders made by Government from time to time.

 

 

(b) the age of the candidate for selection by the High Court shall not be less than 25 years and more than 35 years on the 1st of January of the year in which the selection is held; and

(c) a candidate for the post must be a graduate in law of any recognised University:

Provided further that a candidate for selection by the High Court must have -

(i) practised at least for three years in the Bar; or

(ii) a law degree and worked as an employee of Supreme Court, High Court, District Court or a Civil or Criminal Court for at least seven years.

9. General Qualification:-

Every member of the service shall satisfy the following general conditions, that is, he €

(a) should be a citizen of India ;

(b) should be of good character;

(c) should be of sound health and active habit and free from any bodily defect or infirmity which render him unfit for such appointment;

(d) should not have more than one wife living unless exempted by the Government on special grounds; and

(e) should not have been convicted for any offence involving moral turpitude.

 

 

10. Probation and Confirmation,-

(1) A person appointed to any post in the service after the commencement of these rules, other than those appointed by promotion from within the service, shall be placed on probation for a period of one year from the date of appointment to such post and his pay shall be fixed in accordance with the provisions of F.R. 24 of the Meghalaya Fundamental Rules and Subsidiary Rules, 1984.

* * * * *

 

 

MIZORAM

(i) Rules

The Mizoram Judicial Service Rules,1989.

(ii) Qualification

For Direct Recruitment:

i) 2/3 of the vacancies to be filled by direct recruitment after holding written and oral examination by the Commission.

ii) Shall not be less than 21 years and not more than 30 years on the first January of the years in which the examination is held;

iii) Should have passed Class VI Standard in Mizo vernacular.

iv) Must be a holder of the Bachelor's degree in Law.

Recruitment by Selection:

i) One-thirds of vacancies by selection from amongst the members of the Bar.

ii) Shall not be less than 25 years and not more than 35 years on the first January of the year in which the selection is made;

iii) Must be a holder of the Bachelor's degree in Law

(iii) Procedure for selection

After holding written and oral examinations by the Public Service Commission.

(iv) Authority for Selection

The Public Service Commission.

(v) Examination

a) Written

Number of papers - 4

Total Marks - 500

b) Viva Voce

Total Marks - 100 (for direct recruit)

150 (for recruitment amongst Bar)

(vi) Training

Two weeks in Civil Courts and another two weeks in Criminal Courts.

(vii) Probationary period

Two years.

 

* * * * *

EXTRACT OF THE MIZORAM JUDICIAL SERVICE, 1989

Rule 1. Short Title and Commencement:

(i) These rules may be called the Mizoram Judicial Service Rules, 1989.

Rule 2. Definitions:

(c) "Commission" means the Mizoram Public Service Commission.

Rule 4. Composition:

The service shall consist of four grades of officers as shown in Schedule-A to these rules, namely-

(i) (a) Grade I - Senior

(b) Grade I - Junior

(ii) Grade II

(iii) Grade III

(iv) Grade IV

 

Rule 6. Recruitment:

Save as provided in rule 13 of these rules, recruitment to the service shall, after the commencement of these rules, be made by the following methods:-

Appointment to the Service in the Grade IV in any one year shall be made by the Governor in the manner indicated below:

(a) by filling up two thirds of the vacancies by direct recruitment on the basis of the competitive examination to be conducted in the manner as laid down in these rules and

(b) by filling up the remaining one-third of the vacancies in the grade IV by selection from amongst the members of the Bar having been a practising advocate of any court in India for a period of not less than three years as per the certificate issued by the principal District Court or the Bar Association;

(c) All appointments to the service shall be made to respective grades or time scales of pay of the service and not against any specific post included in the scale.

Rule 7. Qualifications for Recruitment to the Service in the Grade IV:

A candidate for recruitment to the vacancies in Grade IV shall satisfy the following conditions, besides the general qualifications laid down in rule 9 of the rules:

(i) (a): for direct recruitment on the basis of the result of the Competitive Examination as laid down in rule 6 (a), he shall not be less than 21 years and not more than 30 years on the first January of the years in which the examination is held and the candidate should have passed Class VI standard in Mizo vernacular.

 

(b) for recruitment by selection as laid down in rule 6 (b), he shall not be less than 25 years and not more than 35 years of age on the first day of January of the year in which the selection is made;

(ii) he must be a holder of the Bachelor degree in Laws of any University recognised for the purpose.

Rule 9. General Qualifications:

Every member of the Service shall satisfy the following general conditions,-

(i) shall be a citizen of India ;

(ii) shall be of good character;

(iii) shall be of sound health, active habits and free from any bodily defect or deformity which may render him unfit for such appointments;

(iv) shall not have more than one spouse living unless exempted by the Governor on special ground.

Rule 11. Consultation with the Commission and its Powers :

(1) For the purpose of direct recruitment in Grade IV, a Competitive Examination as specified in the Schedule B of these rules shall be conducted through the Commission.

(2) Decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination shall be final; and only those candidates to whom admission card has been issued by the Commission shall be admitted to the examination.

(3) The Commission shall prepare a final list, in order of merit of the candidates who have qualified in the examination so held, and shall forward the name of the Governor along with relevant papers and specified recommendations, if any.

(4) Any inclusion of a candidate's name in the list shall confer no right for appointment to the service unless the Governor is satisfied, after such inquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the Service and an actual offer of appointment is made.

(5) A competitive Examination for direct recruitment to the Service shall be held at such intervals as the Governor may, in consultation with the Commission, determine from time to time. The dates on which and the places at which the examination shall be held shall be fixed by the Commission.

Rule 12. Transitional Provisions - Constitution of Committee and its Powers :

(1) So long as the Commission is not constituted, a Committee shall be constituted by the Governor, which shall conduct the Competitive Examination and do all other necessary exercises as may be required to be done by the Commission as per rule 11, for the purpose of direct recruitment to the Service in the Grade IV.

(4) (a) For the purpose of the recruitments from amongst the members of the Bar, the vacancies shall be notified in the leading local News-papers and in the Mizoram Gazette inviting applications from amongst the persons eligible under these rules, and on receipt of the applications, an appropriate lists of the suitable candidate shall be prepared and then forwarded to the Committee for conducting viva voce of those listed candidates in a suitable manner and without any prejudice.

(b) The Committee shall finally prepare the merit lists of the candidates in accordance with their performances in the viva voce and shall send to Government for forwarding the same to the High Court for recommendation along with all the relevant papers.

(5) For the purposes of this rule, the Committee shall consist of the following, viz,€

(a) Chief Secretary to the Government - Chairman.

(b) Principal Secretary to the Government - Member.

(c) Special Secretary, DP&AR - Member.

(d) Legal Remembrancer-Cum-Secretary to the Government, Law, Judicial & Parliamentary Affairs Department-Member-Cum-Secretary.

Rule 15. (1) Appointment:

Mutatis mutandis to Rule 6 (c) all appointments to the service shall be made to the appropriate Grades of the Service and not against any specific post.

Rule 19. Probation:

(1) Every person recruited to the service in accordance with these rules shall be on probation for a period of two years.

* * * * *

 

 

 

 

SCHEDULE-B

[See Rule-11(1)]

1. A competitive examination for recruitment to the service in the Grade IV shall be held at such intervals as the Governor may, from time to time determine.

2. The examination shall be conducted in accordance with the syllabus as set forth below :-

a)

English :

(i) An essay to be written in one of several specified subjects

100 Marks

(ii) General English to test comprehension, Precis and grammar

100 Marks

b)

General Knowledge including Current Affairs

100 Marks

c)

Law Paper I

(i) Code of Civil Procedure

(ii) Constitution of India

(iii) Law of Evidence

100 Marks

d)

Law Paper II

(i) Code of Criminal Procedure

(ii) Indian Penal Code

(iii) Mizo Customary Law

100 Marks

e)

 

(i) Viva voce (for direct recruitments)

100 Marks

(ii) Viva voce (for Recruits from amongst the Bar)

150 Marks

 

3. Without prejudice to clause 2 of candidate may be examined by the Committee for testing his practical aquiantance with Law and procedure with special reference to his ability to draft pleadings, frame issues, appreciate evidence, and to apply the case-laws properly.

 

 

4. The Committee shall prepare a list of all candidates who have qualified in the examination in order of merit which shall be determined in accordance with aggregate marks obtained by each candidate and if two or more candidates obtain same marks, the Committee shall determine their position in accordance with the general suitability of the candidate to the service and with regard to their ages. The list shall be forwarded to the Governor.

5. Inclusion of a candidate's name in the list shall confer no right to appointment unless the Governor is satisfied after such enquiry as may be considered necessary that the candidate is suitable in all respects for appointment to the service.

 

* * * * *

 

 

 

 

NAGALAND

(i) Rules

The Nagaland Judicial Service Rules, 1995.

(ii) Qualification

i) For Direct Recruits :

a) Shall not be less than 21 years and not more than 30 years on the first January of the year in which the examination is held.

b) Graduate in Law from any recognised University in India or Barrister at Law.

c) Must have 3 years' practice at the Bar.

(iii) Procedure for selection

After holding written and oral examination by the Public Service Commission, with prior consultation with Guwahati High Court.

(iv) Authority for Selection

The Public Service Commission.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 650

b) Viva Voce

Total Marks - 150

(vi) Training

Training is being imparted in the North Eastern Judicial Officers€ Training Institute at Guwahati.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

 

 

EXTRACT OF THE NAGALAND JUDICIAL SERVICE RULES, 1995

Rule 1. Short title and commencement:

(1) These Rules may be called the Nagaland Judicial Service Rules, 1995.

(2) They shall come into force from the date of their publication in the official Gazette.

Rule 3. (2) There shall be four grades in the service.

Rule 6 (4) (d) Appointment to the post in Grade-IV shall be made by the Governor on the result of the Competitive Examination to be conducted by the Commission in the manner laid down in the Third schedule to the Rules.

Provided that a representative of the High Court shall also to be associated in the interview as member;

Provided further that recruitment to the post in Grade-IV shall be made in accordance with the reservation policy made with respect to gazetted post adopted by the State Government from time to time.

Rule 7. Qualification for recruitment to the service in Grade-IV:

A candidate to the post in Grade-IV shall satisfy the following conditions besides the general qualification specified in Rule 10.

(1) For direct recruitment on the basis of the result of the competitive examination specified in Rule 5 (2) the candidate shall not be less than 21 years and not more than 30 years on the first January of the year in which the examination is held.

(2) The candidate must be a graduate in Law from any recognised University in India or Barrister at Law.

(3) The candidate must have 3 years of experience in the Bar.

 

Rule 10. General Qualifications:

Every member of the service shall satisfy the following conditions:-

(a) He shall be a citizen of India ;

(b) He shall possess a sound moral character;

(c) He shall be of sound health free from physical defects or infirmity which may disqualify for appointment;

(d) He shall not have more than one spouse living, unless exempted by the Governor on special ground.

(e) If the member is a woman, she shall not have married a person having another wife living.

Rule 11. Probation and Confirmation:

All appointments other than appointment to temporary post under these Rules shall be on probation for a period of two years from the date of appointment to such post.

 

* * * * *

 

 

 

 

 

 

 

 

ORISSA

(i) Rules

Orissa Judicial Service Rules, 1994.

(ii) Qualification

i) Not below 21 years and not over 32 years in the case of direct recruits and not over 40 years of age in the case of emergency recruits, on the 1st day of August last preceding the month in which the applications are invited.

ii) An Advocate having practice at the Bar for at least -

a) 3 years if the recruitment is made by the Commission through competitive examination;

b) 5 years if such recruitment is made owing to any specific emergent situation.

(iii) Procedure for selection

i) For direct recruits:

a) Written test without any prior Screening;

b) Number of candidates to be called for the viva-voce test shall be three times the number of vacancies to be filled up;

c) In the viva voce, 10 marks shall be allowed for career marking.

ii) For emergency recruits:

a) Screening of eligible candidates, on the basis of marks obtained in different examinations only called as career marking and the length of practice in the Bar.

b) Number of candidates to be called for the viva voce test shall be those whose names find place in the list of candidates securing the first required number of positions on the basis of screening.

(iv) Authority for Selection

Public Service Commission.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 600

b) Viva Voce

Total Marks - 75

(vi) Training

One year training at various courts and on various topics.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

EXTRACT OF THE ORISSA JUDICIAL SERVICE RULES, 1994

Rule 1. (1) These rules may be called the Orissa Judicial Service Rules, 1994.

(2) They shall come into force on the date of their publication in the Orissa Gazette.

Rule 2. In these rules, unless the context otherwise requires,-

(b) "Commission" means the Orissa Public Service Commission;

(c) "direct recruit" means a person recruited to the Service through the competitive examination under Sub-rule(1) of rule 5;

(g) "High Court" means the High Court of Orissa;

(i) "Service" means the Orissa Judicial Service;

(j) "Scheduled Castes" and "Scheduled Tribes" shall have the same meanings as are respectively assigned to them under the Constitution of India.

Rule 3. (1) The Service shall consist of all posts in the Judicial Service of the State other than those included in the Orissa Superior Judicial Service constituted under the Orissa Superior Judicial Service Rules, 1963.

(2) The Service shall comprise the following branches, each constituting a cadre, namely:-

(i) the Orissa Judicial Service, Class I (Senior Branch) consisting of posts of Subordinate Judge or Civil Judge (Senior Division), Registrars of Civil Courts and Deputy Registrars of High Court;

 

(ii) the Orissa Judicial Service, Class I (Junior Branch) consisting of posts of Sub-Divisional Judicial Magistrates, Assistant Registrars of High Court, Assistant Commissioners and Additional Assistant Commissioners of Endowments; and

(iii) the Orissa Judicial Service, Class II consisting of Munsiffs or Civil Judges (Junior Division) and Judicial Magistrates.

* * * * *

PART - II

RECRUITMENT

Rule 5 (1) Recruitment to the posts in the Orissa Judicial Service, Class II of the Service shall save as provided in sub-rule (2), be made by the Commission through competitive examination which shall consist of two parts, namely a written examination and a viva voce test.

(2) Where the Government after, consultation with the High Court is of the opinion that owing to any specific emergent situation, which has arisen, it is necessary in the public interest to fill up the vacancies in the Orissa Judicial Service, Class II expeditiously without following the method provided in sub-rule (1) , such vacancies may be filled up by conducting an emergency recruitment which shall consist of only viva-voce test and in the manner provided in these rules.

Rule 7. (1) There shall be reserved vacancies only in the Orissa Judicial Service, Class II for the candidates belonging to Scheduled Castes and Scheduled Tribes in accordance with the provisions of the Orissa Reservation of vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made thereunder.

 

Rule 8. (1) Notwithstanding anything contained in these rules, in the case of initial recruitment to the Service under rule 5, one per cent of the vacancies shall be reserved for Orthopaedically handicapped candidates.

Rule 10. (1) In order to be eligible for recruitment under rule 5 a candidate may be of either sex and shall be -

(a) not below twenty-one years of age and not over thirty-two years of age in the case of direct recruits and not over forty years of age in case of emergency recruits, on the 1st day of August last preceding the month in which the applications are invited;

(b) an Advocate having practice at the Bar for at least -

(i) three years if the recruitment is made in pursuance of sub-rule (1) of rule 5; and

(ii) five years if such recruitment is made in pursuance of sub-rule (2) of rule 5, as on the last date fixed for receiving applications;

(c) able to speak, read and write Oriya fluently and must have passed an examination in Oriya Language equivalent to that of Middle English School Standard;

(d) of good character; and

(e) of sound health and free from any organic defects and physical infirmity;

Provided that nothing contained in Clause (e) shall be applicable to an Orthopaedically Handicapped Candidate.

(2) Notwithstanding anything contained in clauses (a) and (b) of sub-rule (1), but subject to the other provisions of the said sub-rule, a person who is -

 

 

(i) a Superintendent or a Ministerial Officer in the High Court, or any Civil or Criminal Court subordinate to the High Court; or

(ii) an Assistant Law Officer or Translator of the Law Department of Government, shall be eligible for appearing at the competitive examination held under sub-rule (1) of rule 5 for appointment to the posts in the Orissa Judicial Service Class-II of the Service, if he -

(a) is a graduate in Law of a University recognised by the State Government;

(b) has approved service in the High Court or in any Civil or Criminal Court Subordinate to the High Court or in the Law Department, or has such service (including practice at the Bar, if any), of not less than five years on the last date fixed for receipt of applications for the said competitive examination;

(d) is not more than thirty-seven years of age on the 1st day of August last preceding the month in which the applications are invited.

11. No person who has more than one spouse living shall be eligible for appointment to the Service.

Rule 14. (1) The Commission shall scrutinise the applications received by it and after considering the eligibility of the applicants for admission to the examination to be held by it for the purpose of recruitment under rule 5, shall issue well in advance a certificate of admission to each eligible candidate so as to enable him to appear at the written examination or viva voce test, as the case may be.

 

 

(2) (a) The following procedure may be adopted in so far as direct recruits are concerned:-

(i) There shall be written test without any prior screening.

(ii) The number of candidates to be called for viva-voce test shall be three times the number of vacancies to be filled up.

(iii) The candidates to be called for the viva voce test shall be those whose names find place in the list of candidates securing the first required number of positions in order of merit.

(iv) In the viva voce test 10 marks shall be allotted for career marking.

(b) For emergency recruits, the following procedure may be adopted:-

(i) There shall be screening of eligible candidates, when need be, on the basis of marks obtained in different examinations, commonly called as career marking; and the length of practice in the bar.

(ii) The number of candidates to be called for the interview shall at the most be three times the number of vacancies advertised and one hundred marks shall be earmarked for such interview.

(iii) The candidates to be called for the viva voce test shall be those whose names find place in the list of candidates securing the first required number of positions on the basis of screening.

(iv) An objective system of evaluation of candidates which shall be adopted.

Rule 18. (1) A sitting judge of High Court being nominated by the Chief Justice, shall represent the High Court and be present at the viva voce tests referred to in rule 5 along with the Chairman and another member of the Commission. The opinion given by the representative of the High Court with regard to the suitability of the candidates shall not be disregarded unless there are strong and cogent reasons for not accepting the opinion which reasons must be recorded in writing.

 

PART III

PROBATION, TRAINING AND DEPARTMENTAL EXAMINATIONS

Probation of the 22.(1) Every direct recruit shall on appointment remain direct recruits on probation for two years and the period shall count from the date the officer joins the post to which he is appointed.

23. A direct recruit shall be required to undergo a course of training ---------- which may be altered from time to time by Government after consulting the High Court and the Commission. Ordinarily this course of training shall be for one year. The judicial work done by such officers during the course of training who will remain in direct charge of courts will be treated as work done in the course of their training.

24. The emergency recruits on being appointed to the Service shall be given direct charge of Courts.

 

 

 

Rule 25. (1) Every person appointed to the Orissa Judicial Service, Class II shall, subject to such exemption, if any as may be granted by Government have to pass the Departmental examination in accordance with the rules ----------- as may be made therein by Government, from time to time in consultation with the High Court and the Commission.

 

a a a a a

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PONDICHERRY

(i) Rules

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

(ii) Qualification

i) Holder of Degree in Law of any University of the Indian Union ;

ii) Must be practising as an Advocate for not less than three years or working as Asst. Public Prosecutor for not less than three years.

iii) Must have attained the age of 25 years and must not have attained the age of 38 years.

(iii) Procedure for selection

Written and viva voce examination conducted by the High Court.

(iv) Authority for Selection

Selection Committee consisting of 5 Judges of the High Court, the Chief Secretary of the Govt. and Secretary (Law).

(v) Examination

a) Written

Number of papers - 3

Total Marks - 300

b) Viva Voce

Total Marks - 100

(vi) Training

At present 14 weeks training is being imparted by the High Court of Tamil Nadu.

(vii) Probationary period

Two years.

 

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

Rule 1. Short Title and Commencement - (1) These Rules may be called the Pondicherry Judicial Service (Cadre and Recruitment) Rules, 1996.

Rule 2. Definitions - In these rules, unless the context otherwise requires,-

(c) "High Court" means, the High Court of Judicature at Madras exercising jurisdiction over the Union Territory of Pondicherry.

(d) "Member of the service" means a person appointed in substantive capacity to either scale of the service under the provisions of these rules and includes a person appointed on probation.

(e) "Service" means the Pondicherry Judicial Service.

Rule 3. Constitution (a) The Pondicherry Judicial Service shall consist of the following cadres, namely,-

(3) Civil Judge (Junior Division / Judicial Magistrate First Class).

Rule 7. Recruitment of Civil Judges.- (1) the recruitment of personnel in the Civil Judge (Junior Division / Judicial Magistrate First Class, and the appointment by transfer on deputation or direct recruitment, if any in the cadre of District Judge, shall be made by the Administrator in consultation with the High Court.

Rule 9. Method of Recruitment: (c) Civil Judge (Junior Division) / Judicial Magistrate First Class.- By direct recruitment on the basis of written examination and viva voce examination conducted by the High Court as specified in the Annexure to these rules.

 

 

Rule 10. Qualification for direct recruits,-

(b) Civil Judge (Junior Division) / Judicial Magistrate First Class,-

(i) Must be a citizen of India ;

(ii) Must be holder of a Degree in Law of any University of Indian Union or an equivalent examination;

(iii) Must be practising on the last date fixed for submission of application as an Advocate and must have so practised as Advocate for not less than three years as on such date.

OR

working as Assistant Public Prosecutor and must have s o worked for not less than three years as on such date.

(iv) Preference will be given to a person ordinarily residing within the territorial limits of the Union Territory of Pondicherry.

(v) Must have attained the age of twenty-five years and must not have attained the age of thirty-eight on the last date fixed for submission of application / panel sent by Employment Exchange of Pondicherry.

11. Probation,-

(b) Civil Judge (Junior Division) / Judicial Magistrate First Class - Two years.

 

 

During the period of probation, he / she must undergo such training as may be specified by the High Court;

Provided that the Administrator may, on the recommendation of the High Court, extend the period of probation, but in no case shall the period of probation extend beyond three years in all.

Rule 20. Reservation.- The reservation of posts for the Scheduled Castes and Scheduled Tribes and other Backward Classes (OBC) shall be in accordance with the orders issued by the Central Government from time to time.

 

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PUNJAB

(i) Rules

Punjab Civil Service (Judicial Branch) Rules, 1951.

(ii) Qualification

i) Not below 23 years and not over 27 years for direct recruits and 37 years for an advocate who has practiced at the Bar for a minimum period of four years and for an official who is a Law Graduate serving in the High Court, subordinate courts, Secretariat of the State Government with four years service experience.

ii) A citizen of India ;

iii) Acquired a Degree of Bachelor of Law.

(iii) Procedure for selection

Written test and viva voce by the Punjab Public Service Commission.

(iv) Authority for Selection

Punjab Public Service Commission.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 900

b) Viva Voce

Total Marks - 100

(vi) Training

15 weeks training is being imparted.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

 

EXTRACT OF THE PUNJAB CIVIL SERVICE (JUDICIAL BRANCH) RULES, 1951

PART A - QUALICATIONS

(1) A candidate for appointment to the service must be

(a) a citizen of India ; or

(b) a subject of Sikkim ; or

(c) a subject of Nepal ; or

(d) a subject of Bhutan ; or

(e) a Tibetan refugee who came to India before the 1st January, 1962, with the intention of permanently settling in India , or

(f) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda, and the United Republic of Tanzania (Formerly Tanganyika) and Zanjibar, with intention of permanently settling in India.

1-A. Any reference in these rules to "a subordinate Judge" or "a Sub-Judge", shall, unless the context otherwise requires, be construed as a reference to "a member of the Punjab Civil Service (Judicial Branch)" as the context may require.

2. No person, who is more than twenty-seven years, of such age, as may from time to time be fixed by the Government for entry into service, or is less than twenty-three years on the date of appointment, shall be appointed as Sub-Ordinate Judge:

Provided that -

(a) the maximum age limit -

(i) for an Advocate who has practised at the Bar for minimum period of four years; or

 

(ii) for an official, who is a Law Graduate and is serving on the establishment of the High Court of Punjab and Haryana or any court subordinate thereto in the State of Punjab, or in the Punjab Government Secretariat or in offices subordinate thereto, and has served on the said establishment or under the State Government, or partly on the said establishment and partly under the State Government for a minimum aggregate of four years, shall be 37 years or such other age limit as may, from time to time, be prescribed by the State Government in this behalf.

(b) for the purposes of computing the period of four years practice at the Bar referred to in consultation with the High Court of Punjab and Haryana, include the period during which a person had served as subordinate Judge on temporary basis as a result of the competitive examination held by the Punjab Public Service Commission.

(c) A candidate belonging to a Scheduled Caste, Scheduled Tribe or Backward Class will be entitled to deduct from his age such period as may, from time to time be allowed by the Government for entry into service, for such candidates.

3. No person shall be appointed to be a subordinate Judge who has not obtained the Degree of Bachelor of Laws at any University, incorporated by law in India or the Degree of Bachelor of Laws of the (Undivided) Punjab University, the Dacca University, the Tribhuwan University, Nepal, the Sind University, or of the Rangoon or Mandalay University in Burma or is not a Barrister of England or Ireland or a member of the Faculty o Advocates of Scotland.

Explanation : The expression "degree of Bachelor of Laws" used in this rule means a degree entitling a candidate to be enrolled as an Advocate under the Advocate Act, 1961 and the Rules made thereunder.

5. No person who has more than one wife living shall be eligible for appointment as a subordinate Judge.

PART C - EXAMINATION OF CANDIDATES

1. An examination will be held at such place as the Punjab Public Service Commission may determine, commencing on such date as may from time to time be notified in the Gazette.

4. The examination paper shall be set and marks awarded by examiners who will be appointed by the Punjab Public Service Commission. There shall also be a viva voce test which will be conducted by the Punjab Public Service Commission.

6. The object of the examination is to test the practical ability of the candidate rather than the range of their theoretical knowledge. For this purpose, the kind of question that will be asked will be to give the facts of a typical case and ask the candidate to frame issues, to write a Judgment and to discuss the admissibility of evidence.

8. The merit of the qualified candidates shall be determined by the Punjab Public Service Commission according to the aggregate marks obtained in the written papers and viva voce;

Provided that in the case of two or more candidates obtaining equal marks, the candidate older in age shall be placed higher in the order of merit.

10. (i) The result of the examination will be published in the Punjab Government Gazette.

(ii) Candidates will be selected for appointment strictly in the order in which they have been placed by the Punjab Public Service Commission in the list on those who have qualified under rule 8, provided that in the case of candidates belonging to the Scheduled Castes / Tribes and other Backward Classes, Government will have a right to select in order of merit a candidate who has merely qualified under rule 8, irrespective of the position obtained by him in the examination.

Provided further that the selection of candidates belonging to the Schedules Castes / Tribes & other Backward classes in order of merit inter se shall be made against the vacancies reserved for them and in the manner prescribed by the Government from time to time.

PART D - APPOINTMENT

1. The names of the candidates selected by Government for appointment as Subordinate Judges under rules 10 and 11 of Part C shall be entered on the High Court Register in the order of their selection.

5. Every candidate shall, within a period of two years from the date of his selection pass by the Higher standard and Departmental Examination prescribed in Part C failing which his name shall be removed from the register of candidates.

Provided that where a candidate is appointed as a Subordinate Judge within the said period of two years, he shall within a period of four years from the date of his selection pass by the higher standard the said departmental examination failing which he shall be removed from service;

Provided further that in no case, the said period of two years or four, as the case may be, shall be extended.

6. Every candidate or a Subordinate Judge shall, during the period of his candidature or service, as the case may be, undergo such training as may be required of him, and if before the candidate completes his training he is appointed as Subordinate Judge, shall complete the training while in service.

7. (1) Every subordinate Judge shall, in the first instance, be appointed on probation for two years but this period may be extended from time to time expressly or impliedly so that the total period of probation, including extension, if any, does not exceed three years.

PART E - DEPARTMENTAL EXAMINATION

1. A departmental examination of Subordinate Judges will be held thrice a year in the months of February, June and October. The exact dates for holding such examination shall be notified, well in advance, in the official Gazette.

 

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RAJASTHAN

(i) Rules

The Rajasthan Judicial Service Rules, 1955.

(ii) Qualification

i) Must not have attained the age of 35 years on the first day of January next following the date of commencement of the examination by PSC.

ii) Bachelor of Laws (two years course under Old Scheme) or Bachelor of Laws (Professional) of any University established by Law in India.

iii) Three years' practice at the Bar as a lawyer.

iv) Thorough knowledge of Hindi.

v) Citizen of India ; or

vi) Subject of Nepal ; or

vii) Subject of Bhutan , or

viii) Tibetian refugee who came to India before 1st Jan. 1962.

ix) A person of Indian origin migrated from Pakistan , Burma , Sri Lanka , East African countries of Kenya , Uganda and Zaire and Ethiopia .

(iii) Procedure for selection

Written and oral examination conducted by the Public Service Commission.

(iv) Authority for Selection

The Public Service Commission.

(v) Examination

a) Written

Number of papers - 3

Total Marks - 300

b) Viva Voce

Total Marks - 35

(vi) Training

Ad-hoc training is being provided in Harischandra Mathur Institute of Public Administration Training Centre at Jaipur for initial recruits.

(vii) Probationary period

Two years.

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EXTRACT OF THE RAJASTHAN JUDICIAL SERVICE RULES, 1955

(CORRECTED UPTO JULY, 1991)

1. Short Title, Commencement and Application.- (1) These rules may be called the Rajasthan Judicial Service Rules, 1955.

(3) They shall apply to the members of the Service consisting of Civil Judge-cum-Chief Judicial Magistrates, Civil Judge-cum-Additional Chief Judicial Magistrates, Senior Civil Judges, Civil Judges, Munsiffs and Judicial Magistrates.

3. Status of Service.- The Rajasthan Judicial Service is a State Service.

4. Definitions.- In these rules unless there is anything repugnant in the subject or context.-

(a) "Commission" means the Rajasthan Public Service Commission.

(c) "Court" means the High Court of Judicature for Rajasthan.

(d) "Member of the Service" means a person appointed in substantive capacity to a post in the cadre of the service under the provision of these rules or of any rules or orders superseded by rule 2.

 

(f) "Service" means the Rajasthan Judicial Service.

7. Source of Recruitment:- Recruitment to the Service shall be made to the posts of Munsifs on the result of a competitive examination conducted by the Commission.

9. Reservation for Scheduled Castes and Scheduled Tribes:- Reservation for Scheduled Castes and Scheduled Tribes shall be in accordance with the orders for such reservation in force at the time of recruitment.

10. Age.- A candidate for recruitment to the Service may not have attained the age of 35 years on the first day of January next following the date of commencement of the examination by the Commission for recruitment to the Service:-

Provided:

(iv) that the upper age limit for a candidate of a Scheduled Caste or of a Scheduled Tribe shall be deemed to have been raised by five years.

(v) Provided that upper age limit for reservists namely the defence personnel transferred to the reserve, shall be 50 years.

(vi) That the upper age limit for the political sufferers shall be 40 years till the 31st December, 1964.

(ix) Notwithstanding anything contained contrary in these rules, in the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age limit shall be 40 years.

11. Qualification:- "(1) No Candidate shall be eligible for recruitment to the service unless,-

(a) he is a Bachelor of Laws (Two years Course under the Old Scheme) or Bachelor of Laws (Professional) of any University established by Law in India and recognised for the purpose by the Governor or a Barrister of England or Northern Ireland or a member of the faculty of Advocates in Scotland; and

(b) he has not less than three years€ practice as a lawyer.

12. Nationality, - A candidate for appointment to the Service must be:-

(a) a citizen of India , or

(b) a subject of Nepal , or

(c) a subject of Bhutan , or

(d) A Tibetian refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India ; or

(e) A person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African Countries of Kenya, Uganda and United Republic of Tanzania (formerly Tenganyaka and Zanzibar) Zambia, Malawi, Zaire and Ethiopia, with the intention of permanently settling in India;

Procedure for Recruitment

14. Examination.- A competitive examination for recruitment to the service shall be held at such intervals as the Governor, may, in consultation with the Court, from time to time determine, and shall be conducted by the Commission at such time and at such dates as it may notify.

19. List of Candidates Recommended by the Commission €

(1) The Commission shall prepare a list of the candidates recommended by them for direct recruitment in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate the Commission shall arrange them in order of merit on the basis of their general suitability for service:

 

 

Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of 45% marks in the aggregate both of written and Oral Examinations.

21. Appointment.- (1) On receipt of the list prepared by the Commission under rule 19, the Governor shall consult the Court and shall after taking into consideration the views of the Court and subject to the other provisions of these rules select candidates for appointment in substantive, temporary and officiating vacancies from among those who stand highest in order of merit in the said list provided that he is satisfied that such candidates are duly qualified in other respects.

23. Probation.- All candidates shall on substantive appointment to the Service be placed on probation for two years, provided that such of them, as have previous to their appointments to the Service officiated or served temporarily on a post in the Service may be permitted by the Governor to count such officiating or temporary Service towards the period of probation.

 

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SIKKIM

(i) Rules

The Sikkim Judicial Service Rules, 1995.

(ii) Qualification

i) Practice as an Advocate for not less than three years in India ;

ii) Not more than 35 years of age on the 1st day of January of the following year.

(iii) Procedure for selection

Selection Committee consisting of the Chief Justice of the High Court & Chief Secretary of the Government shall call for interview of those candidates who fulfil the above said qualification.

(iv) Authority for Selection

The High Court.

(v) Examination

a) Written

At present no examination is held.

b) Viva Voce

Marks - Not indicated.

(vi) Training

Undergo training which shall be determined by the High Court. The nature and duration of such training shall be determined by the High Court from time to time.

(vii) Probationary period

Two years.

 

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EXTRACT OF THE SIKKIM JUDICIAL SERVICE RULES, 1995

Rule 1. Short title and commencement: These rules may be called the Sikkim Judicial Service Rules and they shall come into force from the date of publication in the Sikkim Gazette.

2. Definitions: In these Rules, unless the context otherwise requires:-

(b) "High Court" means the High Court of Sikkim

(c) "Service" means the Sikkim Judicial Service.

3. For the purpose of recruitment to the service, there shall be a Selection Committee consisting of the following:-

(1) Chief Justice or puisne Judge of Sikkim High Court, nominated by the Chief Justice.

(2) Chief Secretary, Government of Sikkim . The Registrar or in his absence, the Deputy Secretary of the Committee.

4. A candidate shall be eligible to be recruited if he is:-

(a) a person having practised as an Advocate for not less than 3 years in India or a person qualified to be admitted as an Advocate under the Advocate Act, 1961 and

(b) not more than 35 years of age as on the 1st day of January, of the following year.

5. For the purpose of selection, the Selection Committee shall call for interview all those candidates who fulfil the above said qualification and are otherwise found suitable by the Selection Committee.

6. The Selection Committee shall prepare a list of the selected candidates and in making the selection shall see that preference has been given to candidates who are conversant with local laws, customs and regional languages. The list so prepared shall be then sent to the High Court which shall forward it with its recommendation to the Governor for filling up the vacancies then existing or that may occur within a period of one year of the preparation of the list.

Rule 7. All candidates on appointment may be required to undergo initial training at any place within or outside Sikkim as the High Court may determine. The nature of duration of such training shall be as determined by the High Court from time to time. After the satisfactory completion of such initial training such candidate shall be placed on probation for a period of two years.

 

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TAMIL NADU

(i) Rules

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

(ii) Qualification

i) Holder of Degree in Law.

ii) a) Must be practising as an Advocate or Pleader for not less than 4 years; or

b) working as Asst. Public Prosecutor Gr.I or Gr.II & must have worked for a period of not less than 4 years.

iii) Must have attained the age of 25 years but must not have attained the age of 38 years on First July of the year in which selection is made.

(iii) Procedure for selection

Written and oral examinations conducted by the Tamil Nadu Public Service Commission.

(iv) Authority for Selection

Public Service Commission

(v) Examination

a) Written

Number of papers - 4

Total Marks - 400

b) Viva Voce

Total Marks - 60

(vi) Training

At present 14 weeks training is being imparted at the time of initial recruitment.

(vii) Probationary period

Two years.

 

 

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

Rule 1. Short title

These rules may be called the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 1995.

Rule 3. Constitution

The Tamil Nadu State Judicial Service shall consist of the following categories namely:-

Category €

4. Civil Judge (Junior Division / Judicial Magistrate, First Class)

Rule 5. Method of appointment, Qualification and age

In respect of each category of posts specified in column (1) of the Schedule below, the method of appointment and the qualification shall be specified in the corresponding entries in columns (2) and (3) thereof:-

SCHEDULE

Category

(1)

Method of Appointment

(2)

Qualification

(3)

4. CIVIL JUDGE (Junior Division/ Judicial Magistrate, First Class)

By direct recruitment on the basis of written examination / and Viva-voce Examination conducted by the Tamil Nadu Public Service Commission in accordance with the rules specified in the annexure to these rules.

 

Provided that the Government may, in times of exisgencies permit the Tamil Nadu Public Service Commission to resort to direct recruitment solely on the basis of Viva-voce examination dispensing with written examination.

Provided further that when recruitment is made on the basis of viva-voce examination only, the candidates shall be admitted to the said examination for each open competition vacancy, as well as for each reservation group vacancy, in the ratio of 1:6 namely six candidates for one vacancy on the basis of the oral percentage of the total marks obtained in the law subject including practical in the B.L. Degree examination (I, II and III year in the case of 3 year B.L. Degree course and III, IV and V year in the case of 5 year B.L. Degree Course):

Provided also that the maximum marks for Viva-voce examination and the minimum marks for selection shall be as follows:

Max Marks ... 100 Marks

Min Marks for selection ... 30 Marks for Scheduled Castes and Scheduled Tribes.

32 Marks for Most Backward Class and Denotified Community.

35 Marks for Backward Class.

40 Marks for Open Competition.

1. Must be a holder of degree in Law.

2. Must, on the date of Notification be:-

(a) practising as an Advocate or Pleader and must have so practised for a period of not less than four years as on such date; or (b) working as Assistant Public Prosecutor, Grade-I or Grade-II and must have so worked for a period of not less than four years as on such date.

Explanation - Period of practice as an Advocate or Pleader if any, shall for the purpose of clause (b) be treated as service as Assistant Public Prosecutor, Grade-I or Grade-II.

3. Must have attained the age of twentyfive years and must not have attained the age of thirtyeight years on the 1st July of the year in which the selection for a appointment is made.

 

 

 

 

 

 

Rule 6. Training Test and Confirmation:

(2) Test: Every person appointed to the categories of District Judge / Additional District Judge / Chief Judicial Magistrate and Civil Judge (Junior Division / Judicial Magistrates, First Class) by direct recruitment, shall, with in the period of probation pass the Account Test for Executive Officers.

Rule 8. Seniority:

(3) The seniority of a person appointed to the category of Civil Judge (Junior Division /Judicial Magistrate, First Class) shall be determined by the rank assigned to him in the list drawn by the Tamil Nadu Public Service Commission.

Rule 11. Probation:

Every person appointed to the post of Civil Judge (Junior Division / Judicial Magistrate, First Class) by direct recruitment, shall, from the date on which he joins duty, be on probation for a total period of two years on duty within a continuous period of three years inclusive of the training as may be prescribed by the High Court. The High Court shall be competent to extend the period of probation, if it is not satisfied with his work or conduct. Orders declaring the completion of probation shall be issued by the High Court.

 

* * * * *

 

 

 

 

 

TRIPURA

(i) Rules

Tripura Judicial Service Rules, 1974.

(ii) Qualification

i) Age shall not be less than 22 years and more than 35 years on the first January of the year in which the Examination is held;

ii) Age of the candidate from the Bar shall not be less than 25 years and more than 40 years on the first January of the year in which the selection is held;

iii) Must be a Graduate in law of any recognised University.

iv) A candidate for selection from the Bar must have practised at least for three years in any Court.

(iii) Procedure for selection

Written and oral examination conducted by the Public Service Commission.

(iv) Authority for Selection

Governor on recommendation by

1. Public Service Commission - 50% and

2. High Court - 50%.

(v) Examination

a) Written

Number of papers - 4

Total Marks - 500

b) Viva Voce

Total Marks - 200

(vi) Training

Undergo training at Guwahati in the North Eastern Judicial Officers€ Training Institute. The period of training shall be determined by the High Court from time to time.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

 

 

 

 

 

EXTRACT OF THE TRIPURA JUDICIAL SERVICE RULES, 1974

Rule 1. (1) These rules may be called the Tripura Judicial Service Rules,1974.

(2) They shall come into force with effect from the date of their publication in the Official Gazette.

Rule 2. In these rules, unless there is anything repugnant to the subject or context:-

(a) "Chief Justice" means the Chief Justice of the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);

(b) "Commission" means the Tripura Public Service Commission;

(f) "High Court" means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);

(g) "Service" means the Tripura Judicial Service.

CONSTITUTION OF SERVICE AND ITS CLASSIFICATION

Rule 3. (1) There shall be constituted a service to be known as the Tripura Judicial Service.

(2) The service shall have three grades, namely :-

(a) Grade - I

(b) Grade - II

(c) Grade - III

 

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

(d) Appointment to the posts in Grade III in any one year shall be made by the Governor in the manner indicated below:-

(i) by filling up 50% of the posts on the result of the competitive examination to be conducted by the Commission in the manner laid down in the Second Schedule to these rules;

(ii) by filling up the remaining 50% of the posts by selection from amongst the members of the Bar in consultation with the High Court;

Rule 8. A candidate for recruitment to the post in Grade III shall satisfy the following conditions, besides, the general conditions laid down under rule 9:-

(i) the age of the candidate for examination shall not be less than 22 years and more than 35 years on the first January of the year in which the examination is held;

(ii) the age of the candidate for selection from the Bar shall not be less than 25 years and more than 40 years on the first January of the year in which the selection is held;

(iii) a candidate for the post must be a graduate in law of any University recognised by the Government for the purpose of these rules or a Barrister-at-law;

Provided that a candidate for selection from the Bar must have practised at least for 3 years in any court.

Rule 9. Every member of the service shall satisfy the following general conditions, namely:-

(i) he shall be a citizen of the Indian Union;

(ii) he shall be of good character;

(iii) he shall be of sound health and active habits and free from any bodily defect which may render him unfit for such appointment;

(iv) he shall not have more than one wife living, unless exempted by the Government on special ground; and

(v) if the member be a woman, she shall not have married a person with another wife living.

Rule 10. Appointment to the service made by direct recruitment shall be subject to the orders regarding special representation in the services for the Scheduled Castes and the Scheduled Tribes issued by the Government of India from time to time. If no such suitable candidate is available, the posts will be filled up by the candidates other than those of the Scheduled Castes and the Scheduled Tribes.

Rule 11. All appointments other than appointment to temporary posts under these rules shall be on probation for a period of two years.

Rule 16. A person appointed to the service shall undergo such training and pass during the period of probation such departmental examination as the Governor may, in consultation with the High Court, from time to time, prescribe:

 

* * * * *

 

 

 

 

 

 

 

UTTAR PRADESH

(i) Rules

The Uttar Pradesh Nyayik Sewa Niyamawali, 1951.

(ii) Qualification

i) Must not have attained the age of 32 years but must have attained the age of 22 years on the first day of January next following the date of commencement of the examination;

Upper age limit of 5 years for SC/ST.

ii) Must be a Bachelor of Laws;

iii) An Advocate, Vakil or Pleader or a Barrister of England or Northern Ireland ;

iv) Possess knowledge of Hindi;

v) Candidate for recruitment to the Service must have put in 3 years' practice at the Bar.

(iii) Procedure for selection

Written and oral examination conducted by the Public Service Commission.

(iv) Authority for Selection

Uttar Pradesh Public Service Commission.

(v) Examination

a) Written

Number of papers - 5

Total Marks - 850

b) Viva Voce

Total Marks - 100

(vi) Training

Judicial Officer Training & Research Institute at Lucknow imparts training for 12 weeks to the newly recruited Civil Judge (Jr. Divn.)

(vii) Probationary period

Two years.

 

 

* * * * *

 

 

 

 

 

EXTRACT OF THE UTTAR PRADESH

NYAYIK SEWA NIYAMAWALI, 1951

PART I - GENERAL

1. Short Title and Commencement:

These rules may be called U.P. Nyayik Sewa Niyamawali 1951 and they shall come into force from such date as may be notified by the State Government in this behalf in the official Gazette.

3. Scope of the Service:

These rules apply to the members of the U.P. Nyayik Sewa consisting of -

(a) Munsiffs, and

(b) Civil Judges

4. Definition:

In these rules unless there is anything repugnant in the subject or context.

(a) "Commission" means the Uttar Pradesh Public Service Commission.

(f) "The Service" means the UP Nyayik Sewa.

PART III - RECRUITMENT

6. Source of Recruitment:

Recruitment to the service shall be made on the result of a competitive examination conducted by the Commission.

7. Reservation for Scheduled Caste:

Reservation for Scheduled Castes shall be in accordance with the orders for reservation in force at the time of recruitment.

PART IV - QUALIFICATIONS

9. Nationality:

A candidate for recruitment to the service must be -

(a) a citizen of India ; or

(b) a subject of Sikkim , or

(c) a Tibetan refugee who came over to India before January 1, 1962 with the intention of permanently settling in India , or

(d) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon, and in East African countries of Kenya, Uganda and the United Republic of Tanzania formerly Tanganayika and Zanzibar with the intention of permanently settling in India.

11. Age:

No person shall be recruited to this service who is more than 32 years or less than 22 years of age on the first day of January next following the date of announcement of the examination by the Commission for the recruitment to the service.

Provided that the upper age limit shall be greater by five years in the case of candidates belonging to Scheduled Castes and Scheduled Tribes.

12. Academic qualifications:

(1) A candidate for recruitment to the service must be either

(a) a Bachelor of Laws of a University established by law in Uttar Pradesh or of any other University of India recognised for this purpose by the Governor, or

(b) an Advocate, Vakil or Pleader on the roll of entitled to practise in the Court or Courts subordinate thereto; or

(c) a Barrister of England or Northern Ireland or a Member of the Faculty of Advocates in Scotland .

PART V - PROCEDURE FOR RECRUITMENT

13. Competitive examination:

The examination may be conducted at such time and on such dates as may be notified by t he Commission and shall consist of

(a) written examination of such legal and allied subjects, including procedure as may be included in the syllabus.

(c) an interview to assess the all round student career of the candidates and their personality, address and general suitability.

PART VI - APPOINTMENT, PROBATION AND CONFIRMATION

19. List of candidates approved by the Commission:

The Commission shall prepare a list of candidates who have taken examination for recruitment to the service in order of their proficiency as disclosed by the aggregate marks finally awarded to each candidate. If two or more candidates obtain equal marks in the aggregate, the Commission shall arrange them in order of merit on the basis of their general suitability for the service.

Provided that in making their recommendations the Commission shall satisfy themselves that the candidate has obtained such an aggregate of marks in the written test that he is qualified by his ability for appointment to the service.

23. Probation:

(1) All candidates on appointment to the service shall be placed on probation for two years.

* * * * *

 

 

 

WEST BENGAL

(i) Rules

West Bengal Civil Service (Judicial) Recruitment Rules.

(ii) Qualification

a) For direct recruits:

i) 50% on the results of the competitive examination conducted by the P.S.C., remaining 50% by selection from amongst the members of the Bar by the High Court.

a) Must be a graduate in Law;

b) Shall not be less than 21 years or more than 33 years on the first January of the year in which the Examination is held.

Except SC / ST, others are not allowed to appear at more than three Examinations.

Upper age limit may be relaxed upto two years for inservice Govt. officials.

c) Age for selection by the High Court Shall not be less than 27 years or more than 32 years on the first January.

d) A candidate for selection by the High Court shall not be eligible to Apply unless he has put in three years' continuous practice at the Bar.

(iii) Procedure for selection

Written and oral examination conducted by the Public Service Commission.

(iv) Authority for Selection

Public Service Commission.

(v) Examination

a) Written

Number of papers - 8 + 3

Total Marks - 800 + 300 = 1100

b) Viva Voce

Total Marks - 100

(vi) Training

Training is imparted at different levels, as determined from time to time.

(vii) Probationary period

Two years.

 

* * * * *

 

 

 

EXTRACT OF THE WEST BENGAL CIVIL SERVICE (JUDICIAL) RECRUITMENT RULES

1. These Rules may be called The West Bengal Civil Service (Judicial) Recruitment Rules. They shall come into force immediately.

2. Method of recruitment,- Recruitment to the West Bengal Civil Service (Judicial) occurring in any one year shall be made in the following manner, that is to say, -

(i) by filling up fifty per cent of the vacancies on the results of a competitive examination to be conducted by the Public Service Commission, West Bengal , and

(ii) by filling up the remaining fifty per cent of the vacancies by selection from amongst the members of the Bar by the High Court, Calcutta .

3. Qualifications, -

(a) Every candidate must be a citizen of India .

(b) Every candidate must be of good health and character and must be in all respects suitable for appointment to Government service.

(c) Every candidate must be either a graduate in Law of some Statutory University or a Barrister-at-Law or a member of the Faculty of Advocates in Scotland , or an Advocate or an Attorney on the rolls of High Court in Calcutta .

(d) The age of a candidate for the examination shall not be less than 21 years or more than 33 years on the 1st January of the year in which the examination is held.

Provided that no candidate other than the candidate belonging to the Scheduled Castes or the Scheduled Tribes, be allowed to appear at more than three examinations.

(Vide Notification dt. 26.6.80)

 

Provided further that the upper age limit may be relaxed up to two years in the case of candidates who have been in the Service of Government for at least two years.

(Vide Notification dt.14.6.62)

(e) The age of a candidate for selection by the High Court shall not be less than 27 years or more than 32 years on the 1st January of the year in which the vacancy, to be filled up under clause (ii) of Rule 2, occurs.

(f) A candidate for selection by the High Court shall not be eligible to apply unless he has put in at least three years€ continuous practice at the Bar and is in active practice at the time of his application.

(g) A candidate failing to qualify in an examination shall not be eligible to apply for appointment by selection by the High Court within a period of two years from the date of the examination in which he appeared.

[Rule (f) & (g) amended vide Notification dt. 02.02.67]

4. Rules of Examination and lists of Subjects and Papers, -

The written examination to be conducted by the Public Service Commission will be in two parts:

Part - I will consist of eight compulsory papers carrying a total of 800 marks.

Part - II will consist of three optional papers in Law carrying a total of 300 marks.

The written test wil l be followed by a Personality test to be conducted by the Public Service Commission. The maximum marks for this test shall be 100.

 

5. The West Bengal State Services Recruitment Rules shall also apply to the West Bengal Civil Service (Judicial) to the extent of such particulars as are common to all other posts and services under the State Government, provided that amendments to such of the Recruitment Rules which may be made from time to time shall apply be extended to the West Bengal Civil Service (Judicial) on previous consultation with the High Court, Calcutta.

ANALYSIS :

8.11 It will be seen from the above chart that there is no uniformity as to the qualification for selection, age-limit for selection, additional benefit for higher qualification, authority for selection, zone of selection, procedure for selection and training for the selected candidates.

8.12 We have received quite a large number of suggestions with regard to these matters and we may briefly set out on topic-wise hereunder:

QUALIFICATION FOR SELECTION :

8.13 As seen earlier, the Supreme Court in the All India Judges€ Association case has laid down that there should be minimum practice of three years as lawyer as a necessary qualification for recruitment to the lowest rung in the judiciary. The reason given by the Supreme Court is that recruitment of law graduates as judicial officers without any training or background of lawyering as a lawyer has not proved to be a successful experiment. Neither knowledge derived from books nor pre-service training can be an adequate substitute for first-hand experience of the working of the Court system and the administration of justice begotten through legal practice. The Court has emphasised that unless the judicial officer is familiar with the administration of justice, his education and equipment as a judge is likely to remain incomplete. This is the reason with which the Supreme Court proceeded to prescribe the minimum three years Bar practice for recruitment to the lowest rung of the judiciary.

8.14 In obedience to the above direction, States and Union Territories like Andhra Pradesh , Assam , Delhi , Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan , Sikkim , Tripura, Uttar Pradesh and West Bengal have all prescribed three years Bar practice in addition to a law degree as the minimum qualification.

8.15 Karnataka and Tamil Nadu States , however, have prescribed four years practice as a lawyer in addition to a law degree.

8.16 Kerala State and U.T. of Lakshadweep have prescribed five years practice as the minimum qualification.

8.17 The legality of the five years practice prescribed by Kerala State came up for consideration before the Supreme Court in an Interlocutory Application filed in the All India Judges€ Association case1. The Court reiterated the view taken earlier in the All India Judges€ Association case but added further:

"As an advocate, a person has to present and expound law, as such he fulfils an important social need, namely, the upholding and preserving of society against onslaughts of selfish tyrants, be they individuals, communities or the State. Blackstone in his introduction to commentaries, has spoken of law as " a science which distinguishes the criterion of right and wrong, which teaches to establish the one and prevent, punish or redress the other, which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart, a science which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community". "It is no wonder, then, that lawyers through the ages in all countries have enjoyed esteem and respect as pillars of justice, as preserver of the weak and poor against oppressors and tyrants, as upholders of the freedom and liberty of human beings, as a sword for the guilty and a shield for the innocent."


1. AIR 1994 SC 2771.

8.18 The Court then said that if the Rules prescribe a longer standing in the Bar, it will not, in any way, run counter to the judgment in the All India Judges€ Association Case, and it is open to the Kerala State to prescribe a higher qualification as five years standing at the Bar.

8.19 But some States and High Courts are against the Rule of minimum three years as a condition for selection to the cadre of Civil Judges (Jr. Divn.). We may examine their objections under the following question:

WHETHER THERE IS NEED TO PRESCRIBE THREE YEARS STANDING IN THE BAR ?

8.20 This is the question which is seriously debated in the judicial fraternity and in the Government circle as is evident from the following:

8.21 The following High Courts, Associations and State Governments are wholly against the Rule of three years Bar practice as a condition for recruitment to the initial cadre of judicial service:

HIGH COURTS :

1. Patna ; 2. Madhya Pradesh; 3. Orissa; 4. Punjab & Haryana; 5. Allahabad ; and 6. Calcutta .

ASSOCIATIONS :

Judicial Officers€ Associations of

1. Goa ; 2. Haryana; 3. Madhya Pradesh; 4. Mumbai; 5. Manipur; 6. Mizoram; 7. Orissa; 8. Punjab 9. Tripura; 10. Uttar Pradesh; 11. West Bengal and 12. All India Judges€ Association.

STATE GOVERNMENTS :

Goa , Meghalaya and Uttar Pradesh Governments.

JURIST :

Justice Ranganatha Misra, Former Chief Justice of India , Justice R.S. Sarkaria, Former Judge of the Supreme Court, and Justice D.R. Khanna, Former Judge of the Delhi High Court are also against the Rule of three years practice as a condition for entering the judicial service. They prefer selection of brilliant young law graduates and intensive training after selection.

8.22 We may set out herein, in laconic details, the arguments against prescribing the minimum three years standing as Advocate.

8.23 The Punjab & Haryana High Court has inter-alia stated that in the initial three years of legal practice, the lawyers neither gain any experience nor earn anything in the absence of any work with them. Imposing such condition serves no useful purpose at all to improve the efficiency in judicial service and on the contrary, it will have a negative effect on young Law Graduates who want to take Judicial Service as a career. They would be totally frustrated by remaining in the Bar without any work for three years.

8.24 The Allahabad High Court has something more to say: They have stated that if three years practice is also added to the life of an Advocate, he would have to wait for 9 years after completing 10 + 2 course (where generally students complete such course at the age of 18 or 19 years). Thus, he would be able to make himself eligible for judicial service at the age of not less than 28 years. It is further stated that cream of fresh law graduates would not go for judicial service and may try their luck elsewhere rather than waiting for a chance to enter the judicial service.

8.25 The Calcutta High Court has given the following reasons. To put it in their own words:

Three years€ practice at the Bar is not useful as - (i) within that short period, they do not devote themselves whole-heartedly to practice with an eye on the service; (ii) three valuable years are lost from their service tenure; (iii) three years practice does not give them any complete idea about art of advocacy or functions of judiciary; (iv) generally, they practice in one line of law (or under senior specialised on one line) and that too, very negligently, as a result of which, they do not shape into good lawyers by that time, nor do they acquire knowledge about the Court work and Court formalities; (v) if the talented persons acquire routine practice, they would not try for judicial service and we may get only inferior persons who would come for service after finding no future in the profession; (vi) this smattering knowledge which they may acquire by legal practice for three years may be overcome by strenuous training after recruitment so as to make them good judges and thereby the age of entry into service would be low and better talents would be attracted being enamoured with the glamour of service and prospects thereof.

The All India Judges€ Association is more emphatic in their remarks. They have stated that during the initial period of practice as Advocate, one will be tempted to take up " negative " professional ethics in the prevailing atmosphere in most of the Bar Associations in the country.

8.26 The Commission largely shares these views. They are indeed weighty. It is a common experience that unless a senior who takes special interest in his junior during the initial period of three years, there is no scope for acquiring any useful knowledge about the case law and Court procedure. More often, during the initial period, the junior will be only asked to carry files and stand before the Court for asking adjournment. No responsible work will be entrusted to him by the senior unless the junior is his son or would be son-in-law.

8.27 It is true that the Law Commission in its 14th Report, Vol.I. page 178 has expressed the view that three years practice at the Bar should be prescribed as one of the minimum qualifications of eligibility for entering into the lower judicial service [Civil Judge (Jr. Divn.)] recruited at the State level.

 

 

8.28 But the same Law Commission has favoured the recruitment of brilliant young men who will set a higher tone and level to the Subordinate judiciary. While dealing with recruitment to All India Judicial Service, the Commission has observed: (Vol.I, page 167)

" . . . . . . . . . . . . . . we are definitely of the view that a proportion of the higher judiciary should be recruited by competitive examination at the all-India level so as to attract the best of our young graduates to the judicial service. This measure will enlarge the field of selection and bring into the higher judicial service a leaven of brilliant young men who will set a higher tone and level to the subordinate judiciary as a whole. The personnel so recruited will be subjected to an intensive training. The rest of the higher judiciary should, in our view, be recruited in part directly from senior members of the Bar, and partly by promotion from the lower subordinate judiciary."

 

 

8.29 The Law Commission in its 116th Report in Chapter IV para 4.4 page 18 has observed thus:

" . . . . . . . . . why not catch people young and give them intensive training. A short practice hardly trains effectively. If, on the other hand, as is contemplated herein, intensive pre-service training is given to the fresh young recruits, they will turn out to be better judges. There are countries in which practice at the Bar is not a pre-requisite or essential qualification to be eligible to become a Judge. Undoubtedly, in common law countries practice at the Bar is a must to be a judge at any level. But experience shows that practice for a very short period say for a period of two to three years at the Bar hardly imparts such training so as to make him a good judge."

8.30 As to the observation of the Law Commission in its 14th Report recommending three years practice at the Bar, we may state that observation was evidently based on the then existing system of legal education. The Law Commission made that report in 1958 when the LL.B. degree course was only of two years duration for which law practice as a subject was not in the curriculum.

8.31 In the present system of legal education of 3 years or 5 years, law practice is one of the subjects prescribed for the students. Particularly in the curriculum under the present 5 years law degree course, the students have to attend Court compulsorily to get themselves educated in the practical training in Court craft.

8.32 It would be, therefore, futile to prescribe three years practice as an Advocate to have intimate knowledge of the Court work as a condition for recruitment to the cadre of Civil Judges (Jr. Divn.).

8.33 If it is not out of place to mention, that the students coming out of the Institute like National Law School of India University, Bangalore to be better equipped and more informed than a junior advocate with three years standing. The students from National Law School of India University are the favourites for campus selection by multi-nationals. Every year, multi-national companies land at the school campus and select students of the final year by offering them a fat salary of Rs.20,000 to Rs.25,000. The entire purpose of establishing the National Law School of India University is to produce good law graduates for enriching the Indian Bar. That purpose has been practically defeated by insisting upon three years Bar practice as a pre-condition for entering the judicial service.

 

8.34 Further, in our opinion, 3 years standing at the Bar as the minimum qualification for entry into the judicial service may be wholly unnecessary and uncalled-for in view of the Commission€s recommendations on Institutional training for the selected candidates. Attention of the concerned authorities is invited to the report of the Commission on judicial education and training and in particular the broad themes of the curriculum for induction training. It includes among other things, practical training through field placement. The Commission has recommended the induction training course for about one year by qualified trainers.

 

RECOMMENDATION BY THE COMMISSION :

8.35 If intensive training is given to young and brilliant law graduates, it may be unnecessary to prescribe three years practice in the Bar as a condition for entering the judicial service. It is not the opinion of any High Court or State Government that induction to service of fresh law graduates with brilliant academic career would be counter-productive. We consider that it is proper and necessary to reserve liberty to High Court and State Governments, as the case may be, to select either Advocates with certain standing at the Bar or outstanding law graduates with aptitude for service. It is not correct to deny such discretion to High Authorities like, High Courts and State Governments.

8.36 Those High Courts and State Governments who are interested in selecting the fresh law graduates with a scheme of intensive induction training may move the Supreme Court for reconsidering the view taken in All India Judges€ Association Case for deleting the condition of three years standing as Advocate for recruitment to the cadre of Civil Judges (Jr. Divn.). We trust and hope that the Supreme Court will reconsider that aspect.

 

THE AGE LIMIT FOR RECRUITMENT :

8.37 In Andhra Pradesh, the prescribed age limit is upto 38 years. In Assam , it is between 25 to 36 years. In Bihar , it is 22 to 31 years. In Gujarat and Bombay , the age prescribed is between 21 and 35 years. In Haryana, it is 24 to 35 years. In West Bengal , it is 27 to 32 years. In Tripura, it is 25 to 40 years.

8.36 In Tamil Nadu, Pondicherry and Karnataka, it is 25 to 38 years.

8.39 In Mizoram, Meghalaya, Manipur and Madhya Pradesh, there is uniformity in age limit, i.e. 25 to 35 years. In Delhi Administration, only the maximum age, i.e. 32 years is prescribed. In Himachal Pradesh, it is 25 to 40 years for those who have practised for a minimum period of 6 years. In Sikkim , the maximum age limit is 35 years.

 

RECOMMENDATION BY THE COMMISSION :

8.40 While recommending the maximum age for recruitment of Civil Judges (Jr. Divn.), it is necessary to bear in mind the maximum age suggested by the Commission for direct recruitment of District Judges. There, we have indicated that the candidates should be between 35 and 45 years. Therefore, it is not proper to prescribe any age beyond 35 for selection to Civil Judges (Jr. Divn.).

8.41 Generally, persons with uninterrupted education would be able to graduate themselves at 21 years and complete the three years law degree course by 24 years. If we insist three more years of practice as a pre-condition for recruitment, then, they would be completing that period by 27 years. But this may be possible only for urban students. The rural students will have their own inherent disadvantage. We have, therefore, to give some more margin while fixing the maximum age.

8.42 Secondly, every year, there is no recruitment to the Civil Judge (Jr. Divn.) cadre. Advocates may have to wait for the advertisement for a couple of years after completing the three years Bar practice.

8.43 Having regard to all these facts and circumstances, it seems to us that the candidate for recruitment in terms of age must be below 35 years. He will then have reasonable period of twenty five years of service.

8.44 We accordingly suggest to all States and High Courts to fix 35 years as the maximum age for eligibility for selection to the cadre of Civil Judges (Jr. Divn.) with relaxation by 3 years for SC/ST candidates.

8.45 It is not necessary to prescribe any minimum age in this regard.

 

ADDITIONAL BENEFIT FOR HIGHER QUALIFICATION :

8.46 Except in Delhi Administration and in the State of Rajasthan , there is no other State providing additional benefit to a candidate selected for Civil Judges (Jr.Divn.) possessing higher qualification. In Delhi , three advance increments are allowed for a candidate having higher qualification than the prescribed minimum qualification.

8.47 In Rajasthan, if a candidate has to his credit two years more than the minimum practice prescribed, he would be entitled to two advance increments.

 

RECOMMENDATION BY THE COMMISSION :

8.48 If selected candidates are having a higher qualification like Post-Graduation in Law, we recommend that three advance increments be given as it is allowed by the Delhi Administration. It is an acknowledged fact that Post-Graduation in Law is a difficult course and it is better to reward appropriately such candidates.

8.49 But we do not propose to suggest any advance increments to those who are having more experience as Advocate than the minimum prescribed. Giving any advance increment for additional Bar practice is not proper. It should not be a bonus for those who have not been able to make their way immediately after acquiring the minimum qualification.

 

AUTHORITY FOR SELECTION :

8.50 At present, in some States, Public Service Commission is the selecting authority while in other States, the High Courts are the authority for selecting Civil Judges (Jr. Divn.). In a couple of States, selection is partly made by the High Court and partly by the State Public Service Commission.

8.51 In the States of Andhra Pradesh, Assam, Delhi , Gujarat , Karnataka and Kerala, selection to the lower judicial service is made by the respective High Courts.

8.52 In Bihar, Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Orissa, Punjab, Rajasthan, Tamil Nadu, West Bengal and Nagaland, selection is made by the Public Service Commission.

8.53 In Manipur and Tripura, there are dual sources of selection.

8.54 In Manipur, the Public Service Commission recruits 2/3rd of the posts from amongst the law graduates on the basis of competitive examination and viva-voce and the Gauhati High Court selects 1/3rd of the posts from amongst the Advocates.

8.55 In Tripura, the State Public Service Commission is entrusted with the responsibility of selecting 50% of the posts of Civil Judges (Jr. Divn.). The remaining 50% is left to be selected by the Gauhati High Court.

8.56 The High Courts of Andhra Pradesh, Gujarat, Himachal Pradesh, Karnataka, Kerala and Bombay have suggested that the selection should be left exclusively to the High Court.

8.57 Even the State Governments of Andhra Pradesh, Kerala and Administration of Lakshadweep are for entrusting the task of such selection only to the High Court.

8.58 Justice K. Ramaswamy, Former Judge of the Supreme Court favours such proposal.

8.59 The All India Judges€ Association also is of opinion that the selection should be left to the exclusive jurisdiction of the High Court.

8.60 But the High Courts of Gauhati, Patna, Madhya Pradesh, Punjab & Haryana, Allahabad and Calcutta and State Governments of Meghalaya, Uttar Pradesh and West Bengal and Judicial Officers€ Associations of Haryana, Jammu & Kashmir, Maharashatra, Uttar Pradesh and West Bengal are all against entrusting the selection process to the High Court. They are of the opinion that State Public Service Commission is the only proper authority for making such selection since the High Courts have not got the required machinery.

8.61 Justice R.S. Sarkaria, former Judge of the Supreme Court has expressed the view that Public Service Commission in association with the High Court should be the authority for selection.

8.62 Before coming to any conclusion in this regard, it is necessary to advert to certain decisions of the Supreme Court in the matter.

 

8.63 In D.R. CHAUDHARY v. ASHOK KUMAR YADAV1, the Supreme Court has observed that Public Service Commission while selecting the candidates for recruitment of judicial officers, a sitting Judge of the High Court nominated by the Chief Justice should participate in the interview examination to be conducted by the Public Service Commission. The Judge should be an expert and the advice tendered by him with regard to any particular candidate should ordinarily be accepted, unless there are strong and cogent reasons recorded by the Public Service Commission for not accepting such advice.

8.64 The above principles have been reiterated in the All India Judges€ Association Case2, as follows:

"To ensure uniform practice in selecting judicial officers, therefore, we direct that in all cases, where the selection of the judicial officers is made by the Public Service Commission, the representative of the High Court shall be one of the members of the Selection Committee and the opinion given by him with regard to the suitability of the candidate shall not be disregarded unless there are strong and cogent reasons for not accepting the opinion, which reasons must be recorded in writing."

The Court further observed:

" It should be remembered that both the directions given above, viz., prescription of minimum legal practice of three years as an essential qualification to be eligible for being appointed as a judicial officer and the obligation to invite the representative of the High Court to participate in the selection process and to accord his advice dominating weight are calculated to ensure recruitment of competent, independent and honest judicial officers and thus to strengthen the administration of justice and the confidence of public in it. The States should, therefore, take immediate steps to comply with the said directions by amending the relevant Rules."

RECOMMENDATION BY THE COMMISSION :

8.65 In the light of the aforesaid decisions of the Supreme Court, it is unnecessary to insist that the High Court alone should be the selecting authority. The observations of the Supreme Court in the aforesaid cases in the matter of selection of judges since being faithfully followed by the Public Service Commissions by associating the nominee Judge of the High Court whose opinion carries great weight, we do not want to say that the selection should be left to the High Court alone. After all, the High Court also must follow the procedure of written examination followed by viva voce test / interview. They do not have any machinery for conducting the written examination. The Public Service Commission appears to be better suited for that purpose. So far as Interview is concerned, High Court nominee would be associated.

8.66 In the premise, the existing selecting authority, whether it is High Court or State Public Service Commission may be allowed to continue. We do not want to add any thing further on this aspect.

 

ZONE OF SELECTION :

8.67 The High Courts which have favoured for extending the zone of selection to law graduates working in Courts and allied departments are: (1) Andhra Pradesh; (2) Delhi; (3) Gujarat; (4) Himachal Pradesh; (5) Kerala; (6) Madhya Pradesh; (7) Bombay; (8) Orissa; (9) Punjab & Haryana; (10) Rajasthan; (11) Madras; and (12) Calcutta.

8.68 The High Courts which are against such proposal are: (1) Gauhati; (2) Patna ; (3) Jammu & Kashmir; (4) Karnataka; (5) Sikkim ; (6) Allahabad ; and (7) Calcutta .

STATE GOVERNMENTS :

8.69 The States of Andhra Pradesh, Goa, Gujarat, Kerala, Meghalaya and U.T. of Lakshadweep are in favour of expanding the zone of selection to law graduates working in the Courts and allied departments.

8.70 But the Governments of Maharashtra, Sikkim, Tamil Nadu, Uttar Pradesh and West Bengal are against such proposal.

JUDICIAL OFFICERS€ ASSOCIATIONS :

8.71 Judicial Officers€ Associations of (1) Andhra Pradesh; (2) Assam; (3) Delhi; (4) Gujarat; (5) Haryana; (6) Kerala; (7) Maharashtra; (8) Manipur; (9) Mizoram; (10) Orissa; (11) Punjab; (12) Rajasthan; (13) Tamil Nadu and (14) West Bengal have all suggested that it is better to make the law graduates working in Courts and other allied departments eligible for recruitment to the cadre of Civil Judges (Jr. Divn.). Even the All India Judges€ Association concurs with such proposal.

8.72 But the Judicial Officers€ Associations of Jammu & Kashmir, Karnataka and Uttar Pradesh are against such a move.

 

JURIST :

8.73 Justice Ranganatha Misra, Former Chief Justice of India, Justice K. Ramaswamy, Former Judge, Supreme Court of India, Justice R.S. Sarkaria, Former Judge, Supreme Court of India, Justice D.R. Khanna, Former Judge of the Delhi High Court, Justice P.P. Bopanna, Former Judge of the Karnataka High Court and Justice D.M. Chandrashekhar, Former Chief Justice of Karnataka have also supported the proposal mooted by the Commission to extend the zone of selection to law graduates in the Law Courts and allied departments.

EXISTING RULE IN GUJARAT :

8.74 The Gujarat State has been following this procedure from the very beginning. They have framed Recruitment Rules as follows:

" Rule-5: . . . . . . . . . . Besides the members of the Bar, members of the staff of the High Court as well as subordinate Courts, members of the staff working as Assistants in the legal section of the Legal Department, Sachivalaya, members of the staff of Office of the Government Pleader, High Court and City Civil Court, Ahmedabad are eligible for appointment provided they have obtained the LL.B.(Special) Degree or are qualified for enrolment as an Advocate and have served for a period of not less than 5 years including not less than 2 years after obtaining such Degree or qualifying for such enrolment and are certified to have sufficient knowledge of Gujarati and Hindi and are able to translate from Gujarati to English and English to Gujarati etc.. Besides these requirements, these staff members are required to pass an examination called the Civil Judges (Junior Division) and Judicial Magistrates . . . . . . . ."

8.75 The validity of the Rule came for consideration before the Supreme Court in the case which has since been reported in 1995 (2) SCALE, p. 374. In that decision, the Supreme Court has upheld the validity of the Rule by observing that the direction given by the Court regarding minimum 3 years Bar practice in the earlier decisions for entry into judicial service is only applicable to the members of the Bar and that direction does not stricto senso apply to the others concerned in that Rule.

RECOMMENDATION BY THE COMMISSION :

8.76 We are of opinion that it will be useful to extend the zone of selection to law graduates who are working in Courts and other allied departments. They acquire sufficient knowledge of law and procedure. Since we are suggesting intensive Institutional Training for about one year, such candidates could be properly shaped to become good judicial officers. We suggest that the law graduates with sufficient experience in service and within certain age limit both are to be prescribed by the respective High Court, could be made eligible for selection to the cadre of Civil Judges (Jr. Divn.).

EXISTING PROCEDURE FOR SELECTION :

8.77 Most of the States and Union Territories are selecting Civil Judges (Jr. Divn.) by conducting written examination followed by viva voce test. Such States and UTs are: (1) Andhra Pradesh; (2) Assam; (3) Bihar; (4) Haryana; (5) Himachal Pradesh; (6) Jammu & Kashmir; (7) Karnataka; (8) Kerala; (9) Madhya Pradesh; (10) Manipur; (11) Meghalaya; (12) Mizoram; (13) Nagaland; (14) Orissa; (15) Punjab; (16) Rajasthan; (17) Tamil Nadu; (18) Tripura; (19) Uttar Pradesh; (20) West Bengal; (21) Delhi; and (22) Pondicherry.

 

8.78 But the marks prescribed for written test and viva voce test are wide in variance. The respective marks for written examination and viva voce test on seriatim are set out below:

Sl. No.

State / U.T.

Written Test Marks

Viva Voce

1.

Andhra Pradesh

200

25

2.

Assam

500

200

3.

Bihar

950

200

4.

Haryana

900

200

5.

Himachal Pradesh

900

250

6.

Jammu & Kashmir

950

250

7.

Karnataka

400

100

8.

Kerala

400

50

9.

Madhya Pradesh

200

25

10.

Manipur

650

100

11.

Meghalaya

500

100

12.

Mizoram

500

100

13.

Nagaland

650

80

14.

Orissa

600

75

15.

Punjab

900

100

16.

Rajasthan

300

35

17.

Tamil Nadu

400

60

18.

Tripura

500

200

19.

Uttar Pradesh

850

100

20.

West Bengal

1100

100

21.

Delhi

850

100

22.

Pondicherry

300

100

 

8.79 But States like Goa, Gujarat, Maharashtra and Sikkim do not conduct written examination. Selection is made only by viva-voce test.

8.80 Some of the High Courts and State Governments have stated that in addition to the written examination and viva voce test, there should be separate aptitude test and group discussion for selection. Such methods are favoured by Gauhati High Court, Patna High Court and Karnataka High Court. Some State Governments and Judicial Officers€ Associations have also favoured this idea of group discussion and aptitude test.

8.81 Some, however, have expressed the view that aptitude test need not be separately held since the same could be judged during the viva voce test.

8.82 The Calcutta High Court has emphatically stated that the selection should not be made only by interview which may be arbitrary and likely to lead to favouritism.

RECOMMENDATION BY THE COMMISSION :

8.83 We suggest that written examination followed by viva voce test should be essential for selection of Civil Judges (Junior Division). This procedure is necessarily to be followed, whether it is by the High Court or by the Public Service Commission. We only emphasise that the written examination should be oriented more to test the candidate€s practical acquaintance with law and procedure with special reference to his ability to draft pleadings, appreciate evidence and write judgments. The written examination should not be merely to test candidates in legal subjects in the ordinary manner since the candidates have already taken a law degree.

8.84 It is left to the selecting authority to prescribe appropriate marks for the written examination and viva voce test. But we would like to point out that the marks allotted for the viva voce test should be less than 1/3rd of the marks prescribed for the written examination. This requirement will have to be scrupulously observed to avoid the selection being impeached as being arbitrary.

8.85 We may also suggest that there should be more realistic and less arbitrary evaluation procedure for written examination and viva voce test. While dealing with the procedure for selection of District Judges, we have exhaustively set out the method of evaluation by grading system.

8.86 We request the States and Public Service Commission to follow only that evaluation method even for selection of Civil Judges (Junior Division).

TRAINING FOR SELECTED CANDIDATES :

8.87 We have comprehensively dealt with this subject in a separate chapter and we request all High Courts and Governments to follow that.

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