DRAFT JUDICIAL SERVICE RULES

CHAPTER I

PRELIMINARY

 

1. Short Title and Commencement (1) These rules may be called the....................Judicial Service Rules, 1999.

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

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

(a) "Government" means the Government of ..........;

(b) "Governor" means the Governor of ................;

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

(d) "Official Gazette" means ....................Gazette;

(e) "recruiting authority" means the High Court or the State Public

Service Commission as the case may be;

(f) "Schedule" means schedule appended to these rules;

(g) "service" means the .......Judicial Service;

(h) "State" means the State of .......................;

 

CHAPTER II

CONSTITUTION OF THE SERVICE

 

3. Constitution of the Service - (1) On and from the date of commencement of these rules there shall be constituted a State service known as the ...........................(Name of the State) Judicial Service.

(2) The service shall consist of the cadres specified in column (2) of Schedule A and the character and number of posts in each of those cadres shall be as specified in the corresponding entries in columns (3) to (5) thereof.

(3) With effect from the date of commencement of these rules the existing cadres specified in column (2) below shall stand designated as the cadres specified in the corresponding entries in column (1) below and initially they shall constitute the service. 

 

(1)

(2) **

(a) District Judges

(i) ...................................

(ii) ...................................

(iii) ...................................

* (b) Senior Civil Judges

(i) ...................................

(ii) ...................................

(iii) ...................................

* (c) Civil Judges

(i) ...................................

(ii) ...................................

(iii) ...................................

 

* The Commission in its Report under the chapter captioned "RECHRISTENING SUBORDINATE JUDICIARY" has already expressed the view that the nomenclature of Civil Judge (Sr. Divn.) and Civil Judge (Jr. Divn.) is not appropriate and the better and the more dignified term is Senior Civil Judge and Civil Judge. We have requested the States/UTs to make appropriate changes in their respective enactments, rules, regulations, circulars etc.. Accordingly, the same nomenclature has been carried in this "JUDICIAL SERVICE RULES".

** In Column (2) the cadres which are equated to the cadres specified in the corresponding entries in column (1) are to be mentioned.

 

4) Holders of 25% of the total number of posts in the cadre of District Judges and who have put in not less than five years of service in the cadre shall be granted selection time scale of pay and they shall be selected by merit cum seniority basis from the cadre of District Judges by the High Court. Such District Judges who have been given selection time scale shall be called as Selection Grade District Judges.

5) 10% of cadre strength in District Judges and who have put in not less than three years of service as Selection Grade District Judges in the cadre shall be granted Super time Scale of pay and they shall be selected by merit cum seniority basis from among the Selection Grade District Judges. Selection Grade District Judges who are granted Super time scale of pay shall be called as Super Time Scale District Judges.

 

CHAPTER III

RECRUITMENT

4. Appointing Authority - The appointing authority for the cadre of District Judges and Civil Judges shall be the Governor and for the category of posts of Senior Civil Judges shall be the High Court.

5. Method of recruitment, qualification and age limit - In respect of each category of posts specified in column (2) of the Table below, the method of recruitment and minimum qualification, age limit etc., shall be as specified in the corresponding entries in columns (3) and (4) thereof.

 

TABLE

Sl.No.

(1)

Cadre

(2)

Method of recruitment

(3)

Qualifications, age limit etc.

(4)

1.

Dist. Judges

1. Not exceeding 25% of the posts in the cadre may be filled by direct recruitment on the basis of the aggregate marks/ grade obtained in a competitive examination conducted by the High Court.

By direct recruitment

1. Must be holder of a degree in law granted by a university established by law in India .

2. Must be practising as an Advocate in courts of civil and criminal juris- diction on the last date fixed for receipt of appli- cations and must have so practised for a period not less than seven years as on such date.

Note: For the purpose of this clause in computing the period during which a person has been an Advocate there shall be included any period during which he has held a judicial office.

3. Must have attained the age of thirty-five years and must not have attained the age of forty-eight years in the case of candidates belonging to Scheduled Castes or Scheduled Tribes and forty-five years in the case of others, as on the last date fixed for receipt of applications.

 

 

2. Remaining posts in the cadre shall be filled by promotion from the cadre of Senior Civil Judges on the basis of merit cum seniority by the High Court.

1. Must have been in the cadre of Senior Civil Judges for a period not less than two years.

2.

Senior Civil Judges

By promotion from the cadre of Civil Judges selected by the High Court on the basis of merit cum seniority.

1. Must have been in the cadre of Civil Judges for a period not less than five years.

3.

Civil Judges

By direct recruitment on the basis of aggregate marks obtained in a competitive examination conducted by the High Court / State Public Service Commission.

1. Must be holder of a degree in law granted by a university established by law in India .

2. (a) Must be practising as an Advocate in courts of civil and criminal jurisdiction on the last date fixed for receipt of applications and must have so practised for a period not less than three years; or

(b) Must be working in courts and other allied departments subject to the following conditions. namely:-

(i) must have the following experience.

x x x x

(ii) must not have attained the age of . . . . . years.

3. Must not have completed, as on the last date fixed for receipt of applications 38 years of age in the case of candidates belonging to Scheduled Castes or Scheduled Tribes and 35 years of age in the case of others.

 

Provided that if the High Court has made any order under Article 16(4) or 16(4A) of the Constitution providing reservation for Scheduled Castes, Scheduled Tribes and other Backward classes the recruitment to the cadres of District Judges , Senior Civil Judges and Civil Judges shall be subject to such order.

6. Competetive examination - (1) (a) The competetive examination for recruitment of District Judges shall consist of -

(i) a written examination of not less than two hours duration with 200 maximum marks.

(ii) a viva voce examination with 50 maximum marks.

(b) All candidates who obtain sixty percent or more marks or corresponding grade in the written examination shall be eligible for the viva voce examination:

Provided that Scheduled Caste / Scheduled Tribe candidates who obtain fifty percent or more marks or corresponding grade in the written examination shall be eligible for the viva voce examination.

(c) Selection of candidates shall be made on the basis of cumulative grade value obtained in the written and viva voce examination.

(2) (a) The competitive examination for recruitment of Civil Judges shall consist of -

(i) a written examination of X X X X (details to be specified).

(ii) viva voce examination with less than 1/3 of the marks for the written examination.

(b) All candidates who obtain sixty percent or more marks or corresponding grade in the written examination shall be eligible for viva voce examination

Provided that Scheduled Caste / Scheduled Tribe candidates who obtain fifty percent or more marks or corresponding grade in the written examination shall be eligible for the viva voce examination;

(c) Selection of candidates shall be made on the basis of cumulative grade value obtained in the written and viva voce examination.

(3) The object of the viva voce examination under sub-rules (1) and (2) is to assess the suitability of the candidate for the cadre by judging the mental alertness, knowledge of law, clear and logical exposition, balance of judgement, skills, attitude, ethics, power of assimilation, power of communication, character and intellectual depth and the like of the candidate.

(4) All necessary steps not provided for in these rules for recruitment under these rules shall be decided by the recruiting authority.

(5) The mode of evaluating the performance and grading in the written and viva voce examination shall be as specified in Schedule B.

7. Disqualification for appointment - No person shall be eligible for appointment to the service -

(a) Unless he is a citizen of India ;

(b) If he is dismissed from service by any High Court, Government or statutory or local authority;

(c) If he has been convicted of an offence involving moral turpitude or who is or has been permanently debarred or disqualified by the High Court or the Union Public Service Commission or any State Public Service Commission from appearing for examinations or selections conducted by it;

(d) If he directly or indirectly influences the recruiting authority by any means for his candidature;

(e) If he is a man, has more than one wife living and if a woman has married a man already having another wife.

(f) If he has more than two children.

8. Recruitment - (1) To fill a vacancy required to be filled by promotion the recruiting authority shall take all necessary steps well in advance so as to finalise the list of persons considered eligible for promotion at least 10 - 15 days before the occurrence of the vacancy.

(2) (i) Whenever three or more vacancies required to be filled by direct recruitment occur in a cadre in the service or once in two years, whichever is earlier, the recruiting authority shall, invite by advertisement in the official Gazette and in at least two news-papers, applications in such form as it may determine from intending candidates, who possess the prescribed qualifications. The advertisement shall indicate the number of vacancies notified for recruitment and the number of vacancies, if any, reserved for Scheduled Castes, Scheduled Tribes and other backward classes and shall contain all necessary information relating to the recruitment. It shall also indicate that an additional list of selected candidates would be prepared as per clause (iv).

(ii) The decision of the recruiting authority as to the eligilibility or otherwise of a candidate for admission to the written and viva voce examination shall be final. No candidate to whom certificate of admission has not been issued by the recruiting authority shall be admitted for the examination.

(iii) The recruiting authority shall on the basis of cumulative grade value secured by a candidate, and taking into consideration the orders, if any, in force relating to reservation of posts for Scheduled Castes, Scheduled Tribes and other backward classes, prepare in the order of merit, assessed as provided in Schedule B, a list of candidates eligible for appointment. The number of names of candidates to be included in the list shall be equal to the number of vacancies notified.

(iv) The recruiting authority shall in accordance with the provisions of clause (iii), also prepare an additional list of names of candidates not included in the list of candidates prepared under clause (iii) above, in which the number of candidates to be included, shall, as far as possible, be ten percent of the number of vacancies notified for recruitment or one, whichever is higher.

(v) The lists so prepared under clauses (iii) and (iv) above shall be published in the official Gazette and they shall cease to be operative on the expiry of one year from the date of such publication.

(vi) Candidates whose names are included in the list prepared under clause (iii) above shall be considered for appointment in the order in which their names appear in the list and subject to rule 9, they may be appointed by the appointing authority in the vacancies notified under clause (i) above. Candidates whose names are included in the additional list may be similarly appointed after the candidates whose names are included in the list published under clause (iii) above have been appointed. Inclusion of the name of a candidate in any list prepared under clause (iii) or (iv) shall not confer any right of appointment to such candidate.

9. Conditions relating to suitability, fitness and character -

(1) No person selected for appointment by direct recruitment shall be appointed,-

(i) unless the appointing authority is satisfied that he is of good character and is in all respects suitable for appointment to the service;

(ii) Unless he is certified by the medical authority specified by the High Court for the purpose that he is medically fit to discharge the duties of the post to which he is selected for appointment.

(2) Every candidate selected for appointment by direct recruitment shall furnish certificates, given not more than six months prior to the date of the application, from two respectable persons unconnected with his college or university and not related to him testifying to his character, in addition to the certificate which may be required to be furnished from the educational institution last attended by him.

10. Fees - Every candidate for direct recruitment may be required to pay such fees as may be specified in the notification inviting applications.

Provided that in the case of a candidate belonging to Scheduled Caste or Scheduled Tribes the fees payable shall be one half of the fees specified in the notification for other candidates.

11. Joining time for appointment -

(1) A candidate by direct recruitment shall report for duty before the authority and the date specified in the order of appointment.

(2) Notwithstanding anything contained in sub-rule (1) the appointing authority may, on the application of the candidate, if satisfied that there are good and sufficient reasons for doing so, by order in writing, grant such further time as it may deem necessary.

(3) The name of the candidate who fails to assume charge of the post within the time specified in the sub-rule (1) or within the further time granted under sub-rule (2) shall stand deleted from the list of selected candidates and he shall cease to be eligible for appointment.

CHAPTER IV

PROBATION AND OFFICIATION

12. Probation and officiation -

(1) All appointments to the service by direct recruitment shall be on probation for a period of two years.

(2) All appointments by promotion shall be on officiating basis for a period of two years.

(3) The period of probation or officiation, as the case may be, for reasons to be recorded in writing, may be extended by the appointing authority by such period not exceeding the period of probation or officiation, as the case may be, specified in sub-rules (1) or (2).

(4) At the end of the period of probation or officiation or the extended period of probation or officiation, as the case may be, the appointing authority shall consider the suitability of the person so appointed or promoted to hold the post to which he was appointed or promoted, and -

(i) if it decides that he is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during the period of probation or officiation, as the case may be, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed the period of probation or officiation, as the case may be; and such an order shall have effect from the date of expiry of the period of probation or officiation, including extended period, if any, as the case may be.

(ii) if the appointing authority considers that the person is not suitable to hold the post to which he was appointed or promoted, as the case may be, shall, by order -

(a) if he is a promotee, revert him to the post which he held prior to his promotion.

(b) if he is a probationer, discharge him from service;

(5) A person shall not be considered to have satisfactorily completed the period of probation or officiation, as the case may be, unless a specific order to that effect is passed. Any delay in passing such an order shall not entitle the person to be deemed to have satisfactorily completed the period of officiation or probation, as the case may be.

13. Discharge of a probationer during the period of probation -

(1) Notwithstanding anything contained in rule 12, the appointing authority may, at any time during the period of probation, discharge from services, a probationer on account of his unsuitability for the service.

(2) An order under sub-rule (1) shall indicate the grounds for the discharge but no disciplinary enquiry shall be necessary.

14. Appeal - No appeal shall lie against an order under rule 12 or 13 discharging a probationer or an order under rule 12 reverting a promotee to the post held by him prior to his promotion.

15. Confirmation - A probationer who has been declared to have satisfactorily completed his probation and a promotee who has been declared to have satisfactorily completed his period of officiation shall be confirmed as a full member of the service in the category of post to which he was appointed or, as the case may be, promoted, at the earliest opportunity in any substantive vacancy which may exist or arise.

16 . Increment during the period of probation or officiation -

(1) A probationer or promotee may draw the increments that fall due during the period of probation or officiation. He shall not however, draw any increment after the expiry of the period of probation or officiation unless and until he is declared to have satisfactorily completed his probation or officiation, as the case may be.

(2) When a probationer or promotee is declared to have satisfactorily completed his probation or officiation, as the case may be, he shall draw, as from the date such order takes effect, the pay he would have drawn had he been allowed the increments for the whole of his service from the date of his appointment on probation or officiation, as the case may be.

(3) Notwithstanding anything contained in sub-rules (1) and (2) where validity of the appointment of any person -

(i) as probationer is questioned in any legal proceedings before a court of law, the period of probation of such person shall continue until the final disposal of such proceedings.

(ii) as a promotee on officiating basis is questioned in any legal proceedings, before a court of law, the period of officiation of such promotee shall continue until the final disposal of such proceedings.

   

CHAPTER - V

SENIORITY

17. Seniority -

(1) An Officer appointed in accordance with the rules of recruitment on regular basis shall be senior to persons appointed temporarily or as local candidates.

(2) Where officers are recruited to a cadre by promotion and direct recruitment the officers recruited by promotion shall take precedence ever the directly recruited officers where the date of their appointment is same.

(3) Save as provided in sub-rules (4), (5), and (6) seniority of officers appointed by direct recruitment or promotion shall be determined according to the dates on which they report for duty.

(4) Where more than one officer is promoted to a cadre at the same time the inter-se-seniority of persons so promoted shall be determined by their inter-se-seniority in the lower cadre.

(5) Where direct recruitment is made to a cadre the inter-se-seniority of persons so recruited shall be the order in which their names are arranged in the select list.

(6) While fixing the seniority of an officer promoted to the cadre of District Judges he shall be given a weightage of one year for every completed five years of judicial service subject to a maximum of three years.

(7) Every year in the month of January seniority lists of officers in all cadres shall be prepared and published by the High Court and the lists so published shall be used for the purpose of making promotions to the next higher cadre.

CHAPTER - VI

MISCELLANEOUS

18. Age of superannuation - The age of superannuation of a member of the service shall be sixtytwo years.

19. Addition of certain service for purpose of pension - An Advocate appointed as a Civil Judge or a District Judge shall be entitled to reckon as service qualifying for superannuation pension the actual period of practice put in by him at the Bar not exceeding three years or seven years respectively.

20. Retirement in public interest -

(1) Notwithstanding anything contained in these rules the Governor shall, on the recommendation of the High Court, if he is of the opinion that it is in the public interest so to do, have the absolute right to retire any memebr of the service who has attained the age of 50 years, by giving him notice of not less than three months in writing or three months pay and alowances in lieu of such notice.

(2) Whether a member of the service should be retired in public interest under sub-rule (1) shall be considered at least three times, that is, when he is about to attain the age of 50 years, 55 years and 60 years.

Provided that nothing in sub-rule (2) shall be considered as preventing consideration of a member of the service at any time other than those mentioned therein.

21. Residuary provision - The conditions of service of the members of the service for which no express provision is made in these rules shall be determined by the rules and orders for the time being applicable to officers of Indian Administrative Service in the State.

22. Training -

(1) Every person appointed by direct recruitment to the service shall, before he is given a posting, undergo such training as may, from time to time, be prescribed by the High Court.

(2) Every member of the service shall be given such periodical training as the High Court may, from time to time prescribe.

CHAPTER VII

CONDUCT

23. Should uphold the integrity and independence of judiciary -

An independent and honourable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. A judge shall always be aware that the judicial system is for the benefit of the litigant and the public, not the judiciary. The provisions of this chapter should be construed and applied to further these objectives.

24. Should avoid impropriety -

(1) Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.

(2) A judge shall respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person's race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.

(3) A judge shall not allow family, social, or other relationships to influence his judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance his private interests or those of others. A judge shall not convey or permit others to convey the impression that they are in a special position to influence the Judge. A judge shall not appear as a character witness in a court proceeding unless supoenaed.

(4) A judge shall not allow activity as a member of an organization to cast doubt on the judge's ability to perform the function of the office in a manner consistent with the code of judicial conduct and the laws of the State. A judge shall not hold membership of an organisation activities of which discriminate, or appear to discriminate, on the basis of race, gender, or other protected personal characteristic. Nothing in this paragraph should be interpreted to diminish a judge's right to the free exercise of religion.

25. Performance of duties impartially and deligently -

(1) A judge shall be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamour, or fear of criticism.

(2) A judge may require lawyers, court personnel, and litigants to be appropriately attired for court and should enforce reasonable rules of conduct, order and decorum in the courtroom.

(3) A judge shall be patient, dignified, and courteous to litigants, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control.

(4) A judge shall not initiate, permit, or consider exparte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding.

(5) A judge shall hear and decide matters assigned to the judge except those in which disqualification is required.

(6) A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge's direction and control to do so.

(7) A judge shall dispose of all judicial matters speedily, effectively and fairly.

(8) A judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comment that might substantially interfere with a fair trial or hearing. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. This clause does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This clause does not apply to proceedings in which the judge is a litigant in a personal capacity.

(9) A judge should prohibit broadcasting, televising, recording, or taking of photographs in or out of the courtroom during session of court or recesses between sessions except as authorized by the High Court.

(10) (i) A judge may properly intervene in a trial of a case to promote expedition, and prevent unnecessary waste of time, or to clear up some obscurity, but the judge should bear in mind that undue interference, impatience, or participation in the examination of witnesses, or a severe attitude on the judge's part toward witnesses, especially those who are excited or terrified by the unusual circumstances of a trial, may tend to prevent the proper presentation of the cause, or the ascertainment of truth in respect thereto.

(ii) Conversation between the judge and counsel in court is often necessary, but the judge should be studious to avoid controversies that are apt to obscure the merits of the dispute between litigants and lead to its unjust disposition. In addressing counsel, litigants, or witnesses, the judge should avoid a controversial manner or tone.

(iii) A judge shall avoid interruptions of counsel in their arguments except to clarify their positions, and should not be tempted to the unnecessary display of learning or a premature judgment.

(11) A judge shall adopt the usual and accepted methods of doing justice; avoid the imposition of humiliating acts or discipline, not authorised by law in sentencing and endeavor to conform to a reasonable standard of punishment and not seek popularity or publicity either by exceptional severity or undue leniency.

(12) A judge shall be punctual in attending court and do judicial work during court hours. He shall ensure punctuality of the staff and court officials.

(13) A judge should diligently discharge administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.

(14) A judge should take or initiate appropriate measures as admissible under law against a judge or lawyer for unprofessional conduct of which the judge may become aware.

(15) A judge should not cause unnecessary expense by making unnecessary appointments. All appointments shall be based upon merit.

(16) A judge should not approve compensation beyond the fair value of services rendered.

 

26. Extra judicial and quasi-judicial activities -

(1) (a) As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent time permits, and without affecting his judicial work, a judge is encouraged to do so, either independently or through a bar association, judicial conference, or other organization dedicated to the improvement of the law.

(b) A judge, subject to the proper performance of judicial duties and to the extent time permits, may engage in the following quasi-judicial activities:

(i) A judge may speak, write, lecture, teach and participate in other activities concerning only the law, the legal system, and the administration of justice; and

(ii) A judge may appear at a public hearing on matters concerning only the law, the legal system, and the administration of justice.

(2) A judge should refrain from financial and business dealings that tend to reflect adversely on the judge's impartiality or judicial office, interfere with the proper performance of judicial duties, exploit the judicial position, demean the judicial office or involve the judge in transactions with lawyers or persons likely to come before the court on which the judge serves.

(3) A judge should not serve as an executor, administrator, testamentary trustee, or guardian.

(4) A judge should not act as an arbitrator or mediator, except in the performance of judicial duties.

(5) A judge should not practice law for remuneration.

(6) A judge should not accept appointment to a governmental committee, commission, or other position without the permission of the High Court in writing.

(7) (i) A judge or a candidate for judicial office should not be a member of, or hold any office in, a political party.

(ii) A judge shall not make speeches on behalf of a political party or endorse a candidate for a political office.

(8) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and children residing in the judge's household.

(9) A judge shall conduct all of the judge's extra-judicial activities in such a way that they do not:

(i) cast reasonable doubt on the judge's capacity to act impartially as a judge;

(ii) demean the judicial office; or

(iii) interfere with the proper performance of judicial duties.

(10) A judge shall not serve as an officer, director, trustee or legal advisor if it is likely that the organization,-

(i) Will be engaged in proceedings that would ordinarily come before the judges, or

(ii) Will be engaged frequently in adversary proceedings in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member.

(11) A judge and members of the judge's family residing in the judge's household shall not accept, a gift, bequest, favour or loan from anyone except for:

(a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice;

(b) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family members and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties;

(c) ordinary social hospitality;

(d) a gift from a relative or friend, for a special occasion, such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship;

(e) a gift, bequest, favour or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under rule 27;

(f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges;

(g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or

(h) any other gift, bequest, favour or loan, only if the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge;

27. Disqualification -

(1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where;

(a) the judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge has been a material witness concerning it;

(c) the judge knows that he or she, individually or a fiduciary, or the judge's spouse, parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding;

(d) the judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

(i) is a party to the proceeding, or an officer, director or trustee of a party;

(ii) is acting as a lawyer in the proceeding;

(iii) is known by the judge to have interest that could be substantially affected by the proceeding;

(iv) is to the judge's knowledge likely to be a material witness in the proceeding.

28. Applicability of rules applicable to IAS officers -

The rules governing and regulating the conduct of Indian Administrative Service officers shall in so far as they are not inconsistent with the rules in this chapter shall apply to the members of the service.

 

SCHEDULE - A

[See rule 3(2)]

Sl. No.

Cadres

No. of Posts

(1)

(2)

Permanent

(3)

Temporary

(4)

Total

(5)

1.

District Judges

-

-

-

2.

Senior Civil Judges

-

-

-

3.

Civil Judges

-

-

-

 

 

 

 

 

SCHEDULE - B

[See rule 6(5)]

EVALUATING PERFORMANCE IN COMPETITIVE EXAMINATIONS

FOR JUDICIAL SELECTION

The system operates as follows :

1. The questions in the question paper may carry numerical marks for each question.

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

3. The tabulator will then convert the numerical marks into grades in a seven point scale with corresponding grade values as follows:

Percentage of marks

Grade

Grade Value

70 % and above

O

7

65 % to 69 %

A+

6

60 % to 64 %

A

5

55 % to 59 %

B+

4

50 % to 54 %

B

3

45 % to 49 %

C+

2

40 % to 44 %

C

1

Below 40%

F

0

4. After converting the numerical marks of each question into the appropriate grade according to the formula given in the first column above, the tabular will re-convert the Grades obtained for each question to the Grade value according to the value given in the third column above.

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

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

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

6. What happens if there are several successful candidates obtaining the same grade and the available positions are fewer in number? How do you rank them to determine who is to be given the job? Of course, this situation can develop with numerical marking also where persons with one mark or half a mark difference are given advantage. This is unfair given the fact that in actual practice this may happen because of the play of subjective elements on the part of the individual examiners. What is therefore recommended is a similar vigorous and objective grade value exercise for the viva-voce examination as well.

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

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

9. The final selection list will be readied by combining the Cumulative Grade Value obtained in the written examination and the viva-voce examination.

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

10. If the viva-voce is rigorous and higher marks are given only to those who are outstanding in all categories of evaluation given in the proforma, the chances are very few will obtain higher grades (like 'O' or 'A') and their numbers may be just within the available vacancies. There may be some borderline cases where it is difficult to determine who is to be included and whom to be excluded. This dilemma may be resolved by a second interview between those candidates by the same board or alternatively looking at the difference in numerical scores between them similarly placed in grades.