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High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. M.Y. EQBAL & THE HONOURABLE MR. JUSTICE: T.S. SIVAGNANAM
K. Appadurai, Theni District & Another
Versus
The Secretary to Government, Public (Special.A) Department, Chennai & Others
W.P.Nos. 16383, 15566 & 18451 of 2010 & W.P.(MD) Nos.9090 & 9119 of 2010 & M.P.Nos.1 & 2 of 2010 in W.P.No.16383 of 2010, 1 of 2010 in W.P.No.15566 of 2010, 1+1 of 2010 in W.P.(MD)No.9090 of 2010, 1 to 4 of 2010 in W.P.No.9119 of 2010 & 1 of 2010 in W.P.18451 of 2010
Decided on: 26-08-2010
JUDGEMENT - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY] Assistant Public Prosecutors (APPs) are eligible to apply for the post of District Judges (Entry Level) as they continue to practice as advocates and plead cases on behalf of the Government, and their names remain in the roll of advocates maintained by the Bar Council. The nature of their duties is to act and plead in Courts of Law on behalf of the State as Advocates. Even after becoming APPs, they continue to practice as advocates and plead the cases on behalf of the Government. Hence, an advocate employed by the government as a Law Officer namely, an APP on terms of payment of salary would not cease to be an advocate in terms of Rule 49 of the Bar Council of India Rules for the purpose of appointment, as such advocate is required to act or plead in courts on behalf of the State. The impugned notification inviting applications for appointment to the post of District Judge (Entry Level) does not suffer from any error on account of non-furnishing of the syllabi. The post of District Judge is a coveted one having multiple responsibilities both on the judicial side and on the administrative side, and therefore, the candidates must have a good knowledge in civil, criminal and other laws and also basic knowledge in general law. All persons, who aspire to become a District Judge, are supposed to have knowledge of civil, criminal and other laws and must have put in 7 years standing in the Bar as an advocate. The rule of the Tamil Nadu State Judicial Service (Cadre & Recruitment) Rules, 2007, cannot be held to be unconstitutional. The candidates holding the post in the Subordinate Judicial Service are not eligible to appear in examination and not eligible for appointment to the post of District Judge (Entry Level).
Fact of the Case:
The petitioners challenged the notification calling for applications for appointment to the post of District Judges (Entry Level) on various grounds, including the eligibility of Assistant Public Prosecutors (APPs) to apply for the post, the lack of a prescribed syllabus for the examination, and the exclusion of candidates from the subordinate judicial service from appearing in the examination.
Finding of the Court:
The court held that APPs are eligible to apply for the post of District Judges (Entry Level) as they continue to practice as advocates and plead cases on behalf of the Government, and their names remain in the roll of advocates maintained by the Bar Council. The court also held that the impugned notification does not suffer from any error on account of non-furnishing of the syllabi, and that the rule of the Tamil Nadu State Judicial Service (Cadre & Recruitment) Rules, 2007, cannot be held to be unconstitutional.
Issues: 1. Whether Assistant Public Prosecutors (APPs) are eligible to apply for the post of District Judges (Entry Level)? 2. Whether the impugned notification suffers from any error on account of non-furnishing of the syllabi? 3. Whether the rule of the Tamil Nadu State Judicial Service (Cadre & Recruitment) Rules, 2007, is unconstitutional?
Ratio Decidendi: 1. APPs are eligible to apply for the post of District Judges (Entry Level) as they continue to practice as advocates and plead cases on behalf of the Government, and their names remain in the roll of advocates maintained by the Bar Council. 2. The impugned notification does not suffer from any error on account of non-furnishing of the syllabi, as the post of District Judge is a coveted one having multiple responsibilities both on the judicial side and on the administrative side, and therefore, the candidates must have a good knowledge in civil, criminal and other laws and also basic knowledge in general law. 3. The rule of the Tamil Nadu State Judicial Service (Cadre & Recruitment) Rules, 2007, cannot be held to be unconstitutional, as the candidates holding the post in the Subordinate Judicial Service are not eligible to appear in examination and not eligible for appointment to the post of District Judge (Entry Level).
Final Decision: All the writ petitions were dismissed, and the connected miscellaneous petitions were closed.
M.Y. EQBAL, C.J.
1. Since, in all these writ petitions the petitioners have attacked and assailed the notification calling for application for appointment to the post of District Judges (Entry Level) on various grounds, they have been heard together and disposed of by this common order.
2. For better appreciation, the notification published in the daily newspaper The Hindu on 01.07.2010 issued by the Government of Tamil Nadu, Public (Special.A) Department is reproduced herein under.
- GOVERNMENT OF TAMIL NADU Public (Special.A) Department, Secretariat, Chennai 600009.
NOTIFICATION CALLING FOR APPLICATIONS FOR THE POST OF DISTRICT JUDGES (ENTRY LEVEL)
Applications are invited by the Government of Tamil Nadu for appointment of seventeen (17) posts of District Judges (Entry Level) in the Tamil Nadu State Judicial Service to be made by direct recruitment under the amended provisions of the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007 from Advocates or Pleaders in India who have not less than seven years practice and Practising as on the date of this notification.
The distribution of the above said 17 vacancies is as follows:
General Turn - 4 (1 Woman)
Scheduled Caste - 1 (1 Woman)
(Arunthathiyars on preferential basis)
Most Backward Classes & - 4 (1 Woman)
Denotified Communities
Backward Classes - 4 (1 Woman)
(Other than Backward Class Muslims)
Scheduled Caste - 3 (1 Woman)
Backward Class Muslims - 1
Total - 17
The reservation in recruitment in respect of differently abled persons is governed by the orders issued in G.O.Ms.NO.87, SW&NMP (SW-4- Department, Dated:17.7.2008.
2. An Applicant should be of sound health and active habits and free from any bodily defect or infirmity making him/her unfit for appointment. The 17 posts of District Judges (Entry Level) shall be filled by direct recruitment from among the eligible advocates on the basis of the written and viva-voce test prescribed and to be conducted by the High Court of Madras in accordance with the rules.
3. A candidate shall along with his application:
(i) If he/she is an Advocate or Pleader, produce from the Presiding Officer of the Court in which he/she is actually Practising, a certificate indicating the length of his/her practice;
(ii) If he/she is an Assistant Public Prosecutor, Grade-I or an Assistant Public Prosecutor, Grade II, produce from the Collector of the District concerned, a certificate indicating the length of his/her service.
(iii) Produce a certificate of good character, from a Senior Advocate/Counsel and another from a responsible person, not being a relative but who is well acquainted with him/her in private life.
4. The selection shall be made based on the results of written examination and viva voce i.e., the selection will be made on the basis of the total marks obtained by the candidates in the written examination and viva voce taken together subject to the rule of reservation of appointment. The maximum marks allotted for the written examination and viva voce shall be 75% and 25% respectively.
5. The notification, enlisting the successful candidates prepared under these rules shall be published in the Tamil Nadu Government Official Gazette and it shall cease to be operative as from the date of Publication of the next list of successful candidates prepared under these rules, in the Tamil Nadu Government Official Gazette.
6. (i) The applicant must possess a Degree in Law of a University in India established or incorporated by or under a Central Act or a State Act or an institution recognized by the University Grants Commission, or any other equivalent qualification and got enrolled in the Bar Council of Tamil Nadu; and in the case of candidates enrolled in the Bar Councils of other States, they should submit proof of transfer of their enrollment to the Bar Council of Tamil Nadu.
(ii) The applicant must be Practising on the date of Notification as an advocate and must have so practiced for a period of not less tha
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