2002 Supreme(Kar) 167
Karnataka High Court
RAMUS - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 02-28-02
W.P. : 1054 of 2002
LEX NEXUS, M.B.PRABHAKAR, M.VINAYAKEERTHY, P.S.RAJGOPAL, S.RAMU, SURESH S.JOSHI
Headnote:
PRACTISING ADVOCATES - Enrolment as Advocate and Legal Practice - Advocates Act, 1961, Section 22, 24 - Karnataka Judicial Services (Recruitment) Rules, 1983 - The judgment discusses the interpretation of 'practising as an Advocate' and the eligibility criteria for the post of Civil Judge (Junior Division) in Karnataka. It highlights the significance of the period of training as legal practice, the validity of Training Rules, and the relevance of actual practice as an Advocate in the context of recruitment rules.
Fact of the Case:
The petitioners, practising Advocates, applied for the post of Civil Judge (Junior Division) in Karnataka. Their applications were rejected by the Selection Committee due to not completing the required four years of practice as an Advocate by the last date for receipt of applications.
Finding of the Court:
The court held that the period of training of Advocates should be treated as legal practice, and the four years period should be calculated from the date specified by the State Bar Council in the enrolment certificate for purposes of seniority. The petitioners and similarly situated candidates were directed to be treated on par with other candidates in the examination results.
Issues: The main issue was whether the period of training of Advocates should be considered as legal practice for the eligibility criteria of the post of Civil Judge (Junior Division) in Karnataka.
Ratio Decidendi: The court interpreted the Advocates Act, 1961 and the Karnataka Judicial Services (Recruitment) Rules, 1983 to determine the meaning of 'practising as an Advocate' and the relevance of the period of training as legal practice. It emphasized the importance of actual practice as an Advocate and the validity of Training Rules in the context of eligibility criteria for the post.
Final Decision: The court quashed the rejection of the petitioners' applications and directed the respondents to accept the period of training of Advocates as legal practice, calculating the four years period from the date specified by the State Bar Council in the enrolment certificate for purposes of seniority.
W. P. No.
Name
Date of signing the Roll
Date on which deemed to have become an Advocate
1054 of 2002
S. Ramu
5-2-1999
29-11-1997
1120 of 2002
T. K. Shridevi
4-9-1998
4-9-1997
1121 of 2002
R. Manjuladevi
23-10-1998
18-10-1997
1122 of 2002
R. Rekha
6-11-1998
15-3-1997
13 15 of 2002
Pramodha
9-1-1998
24-10-1996
1316 of 2002
Ganapati
29-8-1998
23-8-1997
( 2 ) THE Civil Judges (Junior Division) Selection Committee of High court of Karnataka ('selection Committee' for short) issued a notification dated 8-10-2001 inviting applications for recruitment of candidates for the posts of Civil Judge (Junior Division ). Clause (3) of the Schedule to the Karnataka Judicial Services (Recruitment) Rules, 1983 prescribes the minimum qualifications for the post which is extracted in clause (3) of the said Notification. The relevant portion of clause (3) is extracted below:" (a) Must be a holder of degree in law or equivalent qualification, and (b) Must on the last date fixed for submission of applications be (i) practising as an Advocate and must have so practised for not less than four years as on such date. . . . ". The last date prescribed for receipt of applications was 19-11-2001 subsequently extended as 30-11-2001.
( 3 ) CLAUSE (19) of the said Notification requires the candidates to submit the applications in the prescribed form in duplicate accompanied by the documents enumerated therein. One of the documents to be produced is a certificate from the Presiding Officer of the Court in which he is actually practising (or from the Registrar (Judicial), High Court, in case he is practising in the High Court) indicating the length of his practice. Another document to be produced is the true copy of the Enrolment certificate. Petitioners claim that they applied against the said recruitment notification with the necessary documents.
( 4 ) THE petitioners have received identical communications dated 27-12-2001 from the Selection Committee informing them that as they have not completed the required years of practice (four years) as an Advocate on the last date for receipt of the applications, their applications were rejected. We extract below the reason given by the Selection Committee for such rejection (from Annexure-D in W. P. No. 1054 of 2002):"one of the requirements for the posts of the Civil Judges (Junior Division), as per clause (3) of the Notification bearing No. CJRC-1/2001, dated 8th October, 2001, is that the applicant must be practicing as an Advocate and must have so practised for not less than four years as an Advocate on the last date for submission of the applications- The enrolment certificate furnished by you along with your application shows that you were enrolled as an advocate on the roll of the Karnataka State Bar Council, bangalore on 5-2-1999. Though, there is an endorsement by the secretary, Karnataka State Bar Council, on the said certificate of enrolment that your seniority as an Advocate will count with effect from 29-11-1997, that does not indicate that prior to your enrolment, you were practising as an Advocate. The period of practice as a trainee Advocate, prior to the above said date of enrolment as an Advocate does not count as the period of practice for the purpose of considering your application for the post of Civil judge (Junior Division)". (emphasis supplied)
( 5 ) FEELING aggrieved, the petitioners have filed these petitions for quashing the rejection letter dated 27-12-2001 issued by the Selection committee and seeking a direction to the Selection Committee to con- sider their applications for appointment to the post of Civil Judge (Junior division) in accordance with law in pursuance of the notification dated 8-10-2001. The