In exercise;
of the powers conferred by the proviso to Article 309 of the Constitution, read
with the Government of India, Ministry of Law, Justice and Company Affairs (Department
of Justice) Notification No. 30/16.76-Jus., dated 31st August 1979 and all
other powers enabling him in this behalf, the Lieutenant-Governor, Puducherry
on the recommendations of the Hon'ble High Court of Judicature at Madras is
pleased to make the following rules further to amend the Puducherry Judicial
Service (Cadre and Recruitment) Rules, 2008 issued vide Notification under G.O.
Ms. No. 8/08-LD., dated 8th April 2008 of the Law Department, Government of
Puducherry and published as Supplement to the Gazette No. 18, dated 29th April
2008, namely:--
Rule - 1. Short title and commencement.
(1)
These rules
may be called the Puducherry Judicial Service (Cadre and Recruitment) Amendment
Rules, 2016.
(2)
They shall
come into force on and from the date of their publication in the Official
Gazette.
Rule - 2. Amendment of rule 8.
(1)
In the
Puducherry Judicial Service (Cadre and Recruitment) Rules, 2008, (hereinafter
referred to as the said rules), in the Table below rule 8, for the existing
entries in item (iii) under column (3) against serial number 3, the following
shall be substituted, namely:--
"(iii) 25 % of the posts
shall be filled by direct recruitment from amongst the eligible Advocates on
the basis of the preliminary examination, main examination and viva voce test
prescribed and conducted by the High Court in accordance with the procedures
prescribed in Annexure-I to these rules."
(2)
In the said
rules, in the Table below rule 8, for the existing entries in item (iii) 4
under column (4) against serial number 3, the following shall be substituted,
namely:--
"4. Must have attained the
age of 35 years and must not have attained the age of 48 years in the case of
Scheduled Castes/Scheduled Tribes and 45 years in the case of others as on 1st
July of the year in which the selection for appointment is made."
(3)
In the said
rules, in the Table below rule 8, for the existing entries under column (3)
against serial number 9, the following shall be substituted, namely:--
"By
direct recruitment on the basis of the preliminary examination, main
examination and viva voce test conducted by the High Court in accordance with
the procedures prescribed in Annexure-II to these rules."
Rule - 3. Amendment of Annexure-I under rule 8.
In the said
rules, in Annexure-I under rule 8, for the existing entries, the following
shall be substituted, namely:--
"1. The High Court shall
invite applications for filling up of the post of District Judge (Entry Level)
by direct recruitment.
2. A candidate shall, along
with his/her application:--
(a)
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
practise;
(b)
If he/she is
an Assistant Public Prosecutor produce from the Department Head under whose
authority the appointment was made, a certificate indicating the length of
his/her service;
(c)
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.
3. The High Court shall conduct
the competitive examination for direct recruitment to the post of District
Judge (Entry Level), in three stages, as specified below.
(a)
Preliminary
examination (objective type question paper) to be conducted either by way of
online test or by way of on-paper test in Optical Mark Recognition paper (OMR
paper);
(b)
Main
examination; and
(c)
viva voce
test
4. The minimum marks for a pass
in the preliminary examination shall be as follows:
|
For the
candidates belonging to Scheduled Castes and Scheduled Tribes
|
30 Marks
|
|
For the
candidates belonging to Most Backward Classes, Other Backward Classes,
Extreme Backward Classes, Backward Class Muslims and Backward Tribes
|
35 Marks
|
|
For others
|
40 Marks
|
After the
preliminary examination, all the successful candidates in the preliminary
examination, as mentioned above, shall be called upon for main examination.
5. After the main examination,
for every direct recruitment of District Judges (Entry Level) (under 25%
quota), the High Court shall fix, at its discretion, the cut-off marks, for
each paper separately which shall in any event, be not less than--
|
35% of
Marks in each paper
|
For the
candidates belonging to Scheduled Castes and Scheduled Tribes
|
|
40% of
Marks in each paper
|
For the
candidates belonging to Most Backward Classes, Other Backward Classes,
Extreme Backward Classes, Backward Class Muslims and Backward Tribes.
|
|
45% of
Marks in each paper
|
For others
|
and call
upon such number of the successful candidates to appear for viva voce test, as
it deems fit and proper, keeping in view the available vacancies.
Provided
that if more than one candidate secure identical cut-off marks as fixed by the
High Court, all such candidates shall be called upon to appear for viva voce
test.
6. From the candidates, who
have appeared for viva voce test, the final selection of the candidates shall
be made on the basis of the total marks obtained by the candidates in the main
examination and viva voce test taken together, subject to the rule of
reservation of appointment. The maximum marks allotted for the main examination
and viva voce test shall be 75% and 25%, respectively.
7. The notification enlisting
the successful candidates prepared under these rules shall be published in the
Official Gazette of the Government of Puducherry 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 aforesaid Official Gazette."
Rule - 4. Amendment of Annexure-II under rule 8.
(1)
In the said
rules, in Annexure-II under rule 8, for the existing entries in para (2), the
following paras (2) and (3) shall be substituted, namely.--
"(2) The High Court shall
conduct the Competitive Examination for selection to the post of Civil Judge by
direct recruitment, in three stages, as specified below:
(a)
Preliminary
examination (Objective type - Maximum Marks: 100),
to be
conducted either by way of online test or by way of on-paper test in Optical
Mark Recognition paper (OMR paper);
(b)
Main examination;
and
(c)
Viva voce
test"
(3) The syllabi for the examination shall be as follows:
(a)
Preliminary
Examination (Objective type - Maximum marks: 100)
to be
conducted either by way of online test or by way of on-paper test in Optical
Mark Recognition paper (OMR paper);
Part-A: The
Code of Civil Procedure, 1908;
The
Negotiable Instruments Act, 1981;
The Transfer
of Property Act, 1882;
The Indian
Contract Act, 1872;
The Specific
Relief Act, 1963;
The
Constitution of India; and
The
Puducherry Buildings (Lease and Rent Control) Act, 1969.
Part-B: The
Code of Criminal Procedure, 1973;
The Indian
Penal Code, 1860;
The Indian
Evidence Act, 1872;
The Criminal
Law (Amendment) Act; and
The Criminal
Minor Acts (including Information Technology Act and the Protection of Children
from Sexual Offences Act) Part-C: General Knowledge--
Test of
reasoning and mental ability.
The minimum
marks for a pass in the preliminary examination shall be as follows:
|
For the
candidates belonging to Scheduled Castes and Scheduled Tribes
|
30 Marks
|
|
For the
candidates belonging to Most Backward Classes, Other Backward Classes,
Extreme Backward Classes, Backward Class Muslims and Backward Tribes
|
35 Marks
|
|
For others
|
40 Marks
|
(b)
Main
Examination:
(i)
Translation
paper (Maximum Marks: 100)
There will
be one translation paper and the candidates will be required to translate
passages in English into Tamil (or) Malayalam (or) Telugu and like-wise, the
passages in Tamil (or) Malayalam (or) Telugu into English at their option.
The passages
will be from (1) Depositions (2) Judgments; and (3) Documents.
(ii)
Law Paper-I
(Maximum Marks: 100)
The Code of
Civil Procedure, 1908;
The Code of
Criminal Procedure, 1973;
The Indian
Evidence Act, 1872;
Principles
of Pleading; and
The
Constitution of India,
(iii)
Law Paper-II
(Maximum Marks: 100)
Framing of
issues and Writing of Judgments in Civil Cases,
(iv)
Law
Paper-III (Maximum Marks: 100)
Framing of
charge and Writing of Judgments in Criminal Cases.
|
The
minimum marks for a pass in each paper of the main examination shall be--
30%
|
For the
candidates belonging to Scheduled Castes and Scheduled Tribes
|
|
35%
|
For the
candidates belonging to Most Backward Classes, Other Backward Classes,
Extreme Backward Classes, Backward Cass Muslims and Backward Tribes.
|
|
40%
|
For others
|
(c)
Viva voce test
(Maximum Marks: 60)
The
candidate's general knowledge and knowledge of law, grasp of Procedural Laws
and
Principles
of Law and suitability for appointment as Civil Judge shall be tested.
Provided
that no candidate who has secured less than the minimum marks specified above
to the main examination shall be eligible for vive voce test.
The minimum
marks for a pass in the viva voce test for all the categories of candidates
shall be 18."
(2)
In the said
rules, in Annexure-II under rule 8, for the existing entries at para (3), the
following shall be substituted and the said para (3) shall be re-numbered as
para (4), namely:--
"(4) The High Court shall
appoint the Examiners for setting of question papers and evaluation of answer
sheets for the preliminary examination and main examination."
(3)
In the said
rules, in Annexure-II under rule 8, the existing entries at para (4) shall be
re-numbered as para (5).