District Judge Recruitment Exam; Rajasthan HC Dismisses Plea Challenging Conditions On Candidates To Furnish 10 Certified Copies Of Judgments

A division bench of Rajasthan High Court, Jodhpur dismissed a plea challenging the conditions on candidates to supply certified copies of those 10 judgments of which the candidate has furnished particulars while submitting the online application form. As per the petitioner, this requirement is not part of the recruitment rules, and therefore, cannot be inserted through the recruitment notification. The court observed, "Clause (f) of paragraph 6 of the main notification thus traces its root to Sub-rule (1) of Rule 36 of the said rules and is thus in consonance with the statutory recruitment rules. Rule 36(1) is not under challenge. The condition, therefore, cannot be set aside." In the instant case, the petitioner has challenged one of the conditions contained in the notification dated 05.09.2021, which pertains to holding the competitive examination for direct recruitment to the cadre of District Judge, 2020. Under the notification in question, the High Court has invited applications from eligible candidates for direct recruitment to the post of District Judge. Clause (f) of Paragraph 6 of this notification requires the candidates to submit an online application along with certain documents. The Bench comprising Akil Kureshi CJ and Rameshwar Vyas J noticed that the recruitment and terms of selection for direct recruitment to the post of District Judge are governed by the Rajasthan Judicial Service Rules, 2010. Part-2 of these rules pertains to direct recruitment. The court further clarified that Sub-rule (1) of Rule 36 thus requires a candidate while submitting the application to furnish particulars of 10 judgments of the preceding seven years. The candidate also has to produce certified copies of such judgments before conducting the main examination. He has to provide particulars of final orders and judgments personally argued by him which should not relate to interlocutory orders, bail orders or orders based on compromise or withdrawal of cases. Sub-rule (1) of Rule 36 reads as under: "36. Submission of application.- (1) While submitting application, candidate shall furnish particulars of 10 judgments of the preceding seven years. He shall produce the certified copies of such judgments before the Main Examination, as prescribed by the Recruiting Authority. The Candidate is required to provide particulars of final orders/judgments personally argued by him, not being interlocutory orders, bail orders, orders based on compromise or orders of withdrawal of case." Court also shed light on Rule 33 of Rajasthan Judicial Service Rules, 2010, which lays down eligibility criteria for direct recruitment and essentially requires that the candidate must have attained the age of 35 years and must not have crossed the age of 45 years on the first day of January following the last date fixed for the receipt of the application and should have put in at least seven years as an Advocate.Cause Title: Laxmilal Salvi Vs Registrar General, Rajasthan High CourtCitation: 2022 LiveLaw (Raj)1Click Here To Read/Download Order

District Judge Recruitment Exam; Rajasthan HC Dismisses Plea Challenging Conditions On Candidates To Furnish 10 Certified Copies Of Judgments

ANIRUDH VIJAY

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