BIHAR CIVIL SERVICE (JUDICIAL BRANCH) (RECRUITMENT) RULES, 1955
(a) Short title and commencement. - These rules may be called the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 and shall take effect from the date of this notification.
[Note:- These rules are framed under Article 234 of the Constitution of India dated 22.8.1955.]
(b) Definitions. - In these rules, unless, there is anything repugnant in the subject or context.
(i) 'Commission' means the Bihar Public Service Commission;
(ii) 'Government' means the Government of Bihar;
(iii) 'Governor' means the Governor of Bihar;
(iv) 'High Court' means the High Court of Judicature at Patna;
(v) 'Scheduled Castes'
(a) Recruitment to the posts of Munshifs shall be made either in accordance with these rules in Part III or both.
1. Subs. by G.S.R. 110 dated, 29.9.1972 published in Bihar Gazette dated 29.9.1972.
(b) Recruitment to the posts of Sub-ordinate Judges shall be made, by the High Court; by promotion of Munshif confirmed under rule 27.
1[3. The Governor shall decide in each year the number of vacancies in the posts of Munshifs to be filled in that year in accordance with the rules in Part II or in accordance with the rules in Part III, or both.
1. Subs. by G.S.R. 110 dated, 29.9.1972 published in Bihar Gazette dated 29.9.1972.
The Commission shall announce in each year in such manner as they think fit, the number of vacancies to be filled in that year by direct recruitment on the results of a competitive examination and shall invite applications from candidates eligible for appointment under these rules. The competitive examination will be conducted by the Commission and will normally be held between the months of November and February.
The Commission may fix a limit in any particular year as to the number of eligible candidates to be admitted to the examination and, if the number of candidates exceeds the limit fixed, the Commission may make a preliminary election of candidates to be admitted to the written examination, on the basis of their academic records:
Provided that no candidate of the Scheduled Castes or the Scheduled Tribes who is eligible under these rules shall be excluded from appearing at the written examination.
A candidate may be of either sex, and must -
1. "Rule 6" subs. vide G.S.R, 110 dated 29.9.1972.
(a) be under 29 years and over 25 years of age on the 1st day of August, last preceding the month in which the examination is held:
Provided that a candidate belonging to a Scheduled Castes or a Scheduled Tribes must be under thirty-four years and over twenty-five years of age on the said date:
Provided further that, in the case of candidates who are bona fide displaced person from Pakistan there shall be upper age limit.
Provided also no candidate who does not belong to a schedule castes or a scheduled tribes shall be allowed to make more than four chances at the examination.
(a) A candidate must be of sound health, good physique and active habits and free from any physical defect likely to interfere with the efficient performance of the duties of a member of the Service. A candidate who is found after examination by a Medical Board not to satisfy these requirements will not be selected for appointment.
(b) A candidate must satisfy the Commission that his character is such as to qualify him for appointment to the Service.
A candidate shall apply to be admitted to the examination in his own handwritting in the prescribed form to the Secretary to the Commission, not latter than such date as may be notified by the Commission in this behalf in each year. The prescribed form and a copy of these rules may be obtained from the Secretary to the Commission.
With his application a candidate must submit -
(i) evidence that he holds one of the educational qualifications referred to in clause (b) of rule 6 in the form of a certificate from the Registrar of the University in which he took his degree in law, or a certificate that he is a Barrister-at law or a member of the Faculty of Advocates in Scotland, or an attorney on the rolls of a High Court or a certificate that he possesses any other educational qualification which the Governor may have decided under clause (b) of rule 6 to be equivalent to the above qualifications;
(ii) certificates of character and conduct from the heads of all the colleges at which he has studied since he passed the Matriculation examination or its equivalent;
(iii) the names of two persons as references, who know him in
The examination shall be held according to the syllabus specified in Appendix 'C' to these rules which are liable to alteration from time to time by Government after consultation with the High Court and the Commission.
lf any candidate is found guilty of -
1. Ins. by Notifn. No. 111/R1-2035/51-A-11639 dated 16.9.1959.
(i) resorting to any irregular or improper means for obtaining admission to the examination; or
(ii) impersonating another candidate or being impersonated by any person at the written or viva voce examination; or
(iii) submitting fabricated document or documents which have been tempered with; or
(iv) making statements which are incorrect or false; or suppressing material information; or
(v) communicating with any person for the purpose of getting help or for adding any other candidate; or
(vi) using any other un
(a) The Commission shall have discretion to fix the qualifying marks in any or all the subjects at the written examination, in consultation with the Patna High Court.
(b) The minimum qualifying marks for candidates belonging to the Scheduled Castes and the Scheduled Tribes shall not be higher than 35 per cent unless the number of such candidates qualifying at the written test according to the standards applied for other candidates is considerable in excess of the number of candidates required to fill all the vacancies reserved for the Scheduled Castes and the Scheduled Tribes:
Provided that in determining the suitability of a particular candidate for appointment, the total marks obtained at the written examination and not the marks obtained in any particular subject or subjects, shall be taken into consideration.
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The Commission shall consult the Chief Justice of the Patna High Court confidentially in the matter of selection of examiners for the Law papers prescribed for the written examination.
On the basis of the marks obtained at the written examination, the Commission shall arrange for viva voce test of the candidates who have qualified at the written examination according to rule 15:
Provided that in exceptional circumstances and with the prior approval of Government, the Commission may, at their discretion, admit candidates of the Scheduled Castes and the Scheduled Tribes to the viva voce test even though they may not have obtained the minimum qualifying marks at the written test.
The Chief Justice may appoint an officer to represent the High Court at the viva voce test. The officer so appointed shall be present at the viva voce test and shall advice the Commission on the fitness of the candidates from the point of view of special qualifications for the Service, but he will not be responsible for the selection of the candidates. The Commission in forwarding their recommendations shall draw the attention of Government to any matter in regard to which they differ from the officer so appointed.
The marks obtained at the viva voce test shall be added to the marks obtained at the written examination. The names of candidates will then be arranged by the Commission in order of merit. If two or more candidates obtain equal marks in the aggregate, the order shall be determined in accordance with the marks secured at written examination. Should the marks secured at written examination of the candidates concerned be also equal, then the order shall be decided in accordance with the total number of marks obtained in the optional papers. From the list of candidates so arranged, the Commission shall nominate such number of candidates as may be fixed by the Governor in order to their position in the list. The nomination so made shall be submitted to the Governor by such date in each year as the Governor may fix.
The Commission shall, while submitting their recommendation under rule 19, consider the claims of qualified candidates belonging to the Scheduled Castes and the Scheduled Tribes. If the list of nominees submitted under rule 19 does not contain an adequate number of candidates belonging to the Scheduled castes and the Scheduled tribes who may be appointed to the vacancies reserved for them, the Commission shall submit a supplementary list nominating a sufficient number of such candidates as in their opinion attain the required standard of qualifications and are in all respects suitable for appointment to the Service.
Success at the examination confers no right to appointment unless Government are satisfied, after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the Service. The final selection of candidates shall be made by the Governor from amongst those nominated by the Commission.
Candidates selected for written or viva voce test will present themselves at their own expense at a time and place of which they will be informed in due course.
A consolidated result of the examination will be prepared by the Commission and a copy of the marks obtained both at the written and the viva voce tests, as well as copy of the printed table of/the consolidated results, shall be supplied individually to each candidate, soon after the results are complied and the list referred to in rule 19 is submitted to the Governor.
A candidate appointed to the post of Munshif otherwise than on a temporary basis shall be appointed on probation in the first instance but will be eligible for confirmation as a Munshif subject to the conditions that-
1. Rules 24, 25, 26 subs. by Rules 24, 25, 26 & 27 and Rule 28 re-numbered as Rule 27 vide G.S.R. 110 dated 29.9.1972. .
(i) he has completed two years of service from the date of his first appointment.
(ii) he has passed such tests as may from time to time be prescribed in the Departmental Examination Rules, and
(iii) he is recommended by the "High Court for such confirmation."]
A candidate appointed on a temporary basis shall have to undergo all the training for the post as if he were appointed on a substantive basis.]
1. Rules 24, 25, 26 subs. by Rules 24, 25, 26 & 27 and Rule 28 re-numbered as Rule 27 vide G.S.R. 110 dated 29.9.1972. .
Notwithstanding anything to the contrary contained in these rules, a Munsif appointed on temporary basis shall be eligible for permanent appointment to the Service without there being any upper age limit subject to the conditions that-
1. Rules 24, 25, 26 subs. by Rules 24, 25, 26 & 27 and Rule 28 re-numbered as Rule 27 vide G.S.R. 110 dated 29.9.1972. .
(i) he has completed two years of service from the date of his first appointment.
(ii) he has passed such tests as may from time to time be prescribved in the Departmental Examination Rules, and
(iii) he is recommended by the High Court for such permanent appointment.]
No recommendations except those received in accordance with these rules shall be taken into consideration. Any attempt on the part of a candidate to enlist support for his appointment through persons of influence or in any other manner will disqualify him for appointment.
1. Rules 24, 25, 26 subs. by Rules 24, 25, 26 & 27 and Rule 28 re-numbered as Rule 27 vide G.S.R. 110 dated 29.9.1972. .
List of Scheduled Castes In Bihar
1. The castes, races or tribes, or parts of, groups within, castes or tribes, specified below shall be deemed to be Scheduled Castes in the State of Bihar in the localities specified in relation to them.
2. No person who professes a religion different from Hinduism shall be deemed to be a member of a Scheduled Caste.
3. Any reference to a district or other territorial division of the State shall be, construed as a reference to the district or other territorial division as existing on the 26th January, 1950.
I. Throughout the State of Bihar-
1. Bauri. 5. Chaupal.
2. Bahtar. 6. Dhobi.
Instructions governing refund of admission and examination fees.
1. Application fee will not ordinarily be refunded. If however for any reason a candidate is unable to sit at the examination, half of the examination fee may be refunded on application to the Secretary to the Commission:
Provided that the Secretary to the Commission may sanction refund of -
(i) 50 per cent of the fees paid when candidate after paying the fees does not submit an application;
(ii) whole of the application and/or examination fee paid, as the case may be, where an alteration is made in the terms of advertisement or in the conditions of reqruitment so that the candidate, who would otherwise have been eligible, becomes in-eligible due to such alteration; and
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Syllabus for the competitive examination prescribed under Rule 14 of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955
[Questions in all non-language subjects may be answered either in English or in Hindi (in Devnagari script)]
Subjects.
Marks
1. Compulsory. -
1. General English 150 ....... 150
2. General Knowledge (including current affairs) ....... 150
3. Elementary General Science ....... 100
4. General Hindi ....... 50
2. Optional. - Candidates must appear in subjec
Form of bond to be excuted by Munsifs appointed to the service on probation.
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