M. Nandini vs State of Tamil Nadu, Rep. by its Secretary to Government, Home Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Mad) 1598

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. BHARATHIDASAN, V. PARTHIBAN, JJ.
M. Nandini - Petitioner
Vs.
State of Tamil Nadu, Rep. by its Secretary to Government, Home Department & Ors. - Respondents
Writ Petition Nos. 11770, 9775, 10757, 11017, 11018, 11019, 11020, 11149, 11250 & 11427 of 2018 and Writ Petition (MD) Nos. 8640, 8657, 9352, 9764, 10343 & 10529 of 2018 and WMPs
Decided On : 09-05-2018

Advocates Appeared:
For the Petitioner: Mr. G. Mohana Krishnan.
For the Respondents: Mr. V. Kathirvelu, Spl. Government Pleader, Mr. V. Ayyadurai, Senior Counsel Assisted by Mr. B. Vijay, Mrs. C.N.G. Niraimathi, Standing Counsel.

Headnote:
Constitution of India, 1950 - Article 309 and 14 - Tamil Nadu State Judicial Service [Cadre and Recruitment Rules), 2007 - Rule 5(9) - Tamil Nadu Government Servants (Condition of Service) Act, 2016 - Section 20(4)(iii) ,63 and 64 - Rights of Persons with Disabilities Act, 2016 - Practising Advocates / Pleaders - Inviting on-line application - Post of civil judge - Direct recruitment - Petitioner claims to be a practising Advocate - He completed his decree in B.A., L.L.B. (Hons.) - Thereafter, he got enrolled himself as an Advocate with Bar Council - According to him, since notification requires 3 years of experience for practising Advocate, other essential qualification that they should have completed the bachelors degree of law within period of three years prior to date of notification is contrary to each other - Because of such condition, petitioner is neither eligible to apply for post under category of practising Advocate not under category of fresh law graduate - Learned counsel appearing for petitioners contended that fixation of cut of date is highly arbitrary, unreasonable and without any rationale – Held, According to them, G.O.Ms.No. dated issued by State Government provides ten years of age relaxation for differently abled person and The Rights of Persons with Disabilities Act, 2016 also provides for relaxation in matter of upper age limit - But, in present notification no such age relaxation has been provided for differently abled persons - In absence of age relaxation being provided in Notification - But, subsequently involvement of petitioner in many criminal cases came to light and respondent commission referred the matter to selection committee of High Court and committee had rejected case of the petitioner on ground of suppression on his part of pendency of criminal proceedings - Since provisions of Section 64 of Act is not made applicable to recruitment to post of Civil Judges pursuant to provision contained under Rule 5(9) (2) of Rules, petitioners cannot claim any age relaxation on ground that they are differently abled persons - In result, the Writ Petitions are dismissed - Consequently, connected WMPs are closed.

ORDER :

V. BHARATHIDASAN, J.

Challenge in W.P.Nos.11770, 9775, 10757, 11017 11018, 11019, 11020, 11250, 11427 of 2018 and W.P.(MD) No. 8640, 9764, 10343 and 10529 of 0281 is either to the qualification fixing minimum and maximum age limit for practising Advocates/Pleaders and Assistant Public Prosecutors and fresh law graduates or the essential qualifications prescribed for practising Advocates / Pleaders and Assistant Public Prosecutor and the fresh law graduates in the Notification No.08/2018 dated 09.04.2018 issued by the Tamil Nadu Public Service Commission [in short, "the respondent Commission" inviting on-line application for direct recruitment to the post of civil judge in the Tamil Nadu State Judicial Service as per the provisions prescribed under the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules 2007 as amended [hereinafter referred to as "the Rules"].

W.P.No.11149 of 2018 and W.P.(MD) Nos.9352 and 8657 of 2018 have been filed challenging Rule, which prescribes qualifications for both practising Advocates/Pleaders and Assistant Public Prosecutors and for Fresh Law Graduates, as well as the Notification.

2. Since the issues involved in these writ petitions are common and identical, all these writ petitions were clubbed together, heard and are being disposed of by this common order.

Notification No.08/2018 dated 09.04.2018

3. Tamil Nadu Public Service Commission has issued Notification No.08/2018 dated 09.04.2018 inviting on-line applications for direct recruitment to the post of civil judge in the Tamil Nadu Judicial Service to fill up approximately 320 vacancies.

4. For easy reference, the requisite qualifications i.e., age limit and essential qualifications are extracted hereunder :-

[A] Age Limit (as on 01.07.2018)

Sl. No.

Category of candidates

Minimum Age (should have completed)

Maximum Age (should not have completed)

1.

For Practicing Advocates / Pleaders and Assistant Public Prosecutors

For SCs, SC(A)s, STs, MBCs/DCs, BCs, BCMs and Destitute Widows of all castes

25 Years

40 years

Others

25 years

35 years

2.

For Fresh Law Graduates

(For all Categories)

22 years

27 years

[B] Essential Qualifications (as on 09.04.2018)

I

For Practising Advocates/Pleaders and Assistant Public Prosecutors

(i) Must possess a Degree in Law of a University in India established or incorporate 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)(a) Must be practicing as an advocate or Pleader in the High Court or Courts subordinate thereto and must have so practiced for not less than 3 years on the date of the Commission’s Notification for recruitment to the post.

(or)

(b) Must be an Assistant Public Prosecutor having not less than 3 years of experience as an Advocate and/or Assistant Public Prosecutor.

II

For Fresh Law

(i) Must be a fresh Law Graduate Possessing a degree in law from a recognized University as mentioned in clause-I (i) above.

(ii) Must be eligible to be enrolled as an Advocate.

(iii) Must have secured an overall percentage of marks in acquiring the Bachelor's Degree of Law as below :-

(a) 45% of marks in case of Reserved Categories (i.e. SCs, SC(A)s, STs, MBCs/DCs, BCs (OBCMs) and BCMs.

(b) 50% Marks in case of Open Category (i.e., others)

(iv) Must have obtained the Bachelor's Degree of Law within a period of

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Sl. No.	Category of candidates		Minimum Age (should have completed)	Maximum Age (should not have completed)
1.	For Practicing Advocates / Pleaders and Assistant Public Prosecutors	For SCs, SC(A)s, STs, MBCs/DCs, BCs, BCMs and Destitute Widows of all castes	25 Years	40 years
1.		Others	25 years	35 years
2.	For Fresh Law Graduates	(For all Categories)	22 years	27 years

2018 Supreme(Mad) 1598

Cases Referred (4)