The Hindu : Notification on civil judges appointment set aside

Online edition of India's National Newspaper
Friday, May 02, 2003

Southern States

Southern States - Tamil Nadu

Notification on civil judges appointment set aside

By A.Subramani

CHENNAI MAY 1. Citing an apex court judgment in the All-India Judges Association case, the Madras High Court has set aside a February 25 notification by the State Government inviting applications for 39 civil judge (Junior Division) vacancies.

(The notification prescribed a four-year Bar experience for law graduates. Written examinations were to be held on June 28 and 29.

The last date for receipt of applications was April 1).

Citing the Supreme Court order, which said no Bar experience was necessary, and referring to Justice K. Jagannadha Shetty Commission recommendations, the First Bench, comprising the Chief Justice, B. Subhashan Reddy, and Justice K. Govindarajan, said, "the Government is directed to issue a fresh notification for 108 vacancies, prescribing qualification of age, minimum at 25 years and maximum at 38, as on July 1, 2003.

The question of exemption of maximum age for any reserved category does not arise at all".

While advocates shall have a minimum of four-year Bar experience, other law graduates must have four-year service experience in nine specified categories, including sub-assistant registrars, bench clerks, special clerks, High Court translators, assistant public prosecutors Grade I and II and section officers.

They will be appointed subject to the condition that they "compulsorily undergo judicial training for one year".

There will be one-third reservation for women and three per cent for disabled candidates under provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.

The Advocate-General, N.R. Chandran, and counsel for the Tamil Nadu Public Service Commission, Paul Vasantha Kumar, told the Bench that a fresh notification would be published in The Hindu, The New Indian Express, Dinathanthi and Dinamalar on May 3.

The last date for receipt of applications would be May 18 and scrutiny of valid applications would be done on June 15. The written examinations will be held on July 5 and 6.

On its part, the Bench stipulated that the entire process of selection, including oral interview, be completed by August 31, 2003.

The judges, however, stated that larger questions touching on the independence of judiciary would be disposed of after vacation.

(The Government's rejection of representations from the High Court Registrar-General, seeking appointment to judicial and non-judicial staff, gave rise to the petitions.

During arguments, the Chief Justice took serious exception to the ban on judicial recruitments and called for lifting it as in the case of teaching, police and medical recruitments).

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