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
Case No : 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 :Decided On : 26-08-2010
JUDGEMENT - Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007 - Constitutional Validity - Eligibility of Assistant Public Prosecutors and Subordinate Judicial Service Candidates for Appointment as District Judges (Entry Level) - Reservation for Differently Abled Persons - Allocation of Marks for Written Examination and Viva Voce - Requirement of Syllabus - Challenge to Notification Calling for Applications. MAIN LEGAL POINT - The Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007, are constitutionally valid. Assistant Public Prosecutors are eligible for appointment as District Judges (Entry Level), while candidates holding posts in the Subordinate Judicial Service are not. Reservation for differently abled persons must be provided as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The allocation of marks for the written examination and viva voce is permissible, and the requirement of a syllabus is not mandatory. The notification calling for applications for the post of District Judges (Entry Level) is valid.
Fact of the Case:
Various writ petitions were filed challenging the notification issued by the Government of Tamil Nadu calling for applications for the post of District Judges (Entry Level). The petitioners raised issues related to the eligibility of Assistant Public Prosecutors and Subordinate Judicial Service candidates, reservation for differently abled persons, allocation of marks for the written examination and viva voce, and the requirement of a syllabus.
Finding of the Court:
The court held that the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007, are constitutionally valid. Assistant Public Prosecutors are eligible for appointment as District Judges (Entry Level), while candidates holding posts in the Subordinate Judicial Service are not. Reservation for differently abled persons must be provided as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The allocation of marks for the written examination and viva voce is permissible, and the requirement of a syllabus is not mandatory. The notification calling for applications for the post of District Judges (Entry Level) is valid.
Issues: 1. Eligibility of Assistant Public Prosecutors and Subordinate Judicial Service Candidates for Appointment as District Judges (Entry Level) 2. Reservation for Differently Abled Persons 3. Allocation of Marks for Written Examination and Viva Voce 4. Requirement of Syllabus
Ratio Decidendi: 1. The court interpreted Article 233(2) of the Constitution of India, which provides for the appointment of District Judges, and held that Assistant Public Prosecutors are eligible for appointment as District Judges (Entry Level) because they are advocates who have practiced for at least seven years. 2. The court referred to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and held that reservation for differently abled persons must be provided in accordance with the Act. 3. The court relied on Supreme Court precedents to hold that the allocation of marks for the written examination and viva voce is permissible and that the requirement of a syllabus is not mandatory.
Final Decision: All the writ petitions were dismissed, and the notification calling for applications for the post of District Judges (Entry Level) was upheld as valid.
M.Y. EQBAL, C.J.
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
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Total - 17
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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 than seven years as
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