UTTAR PRADESH HIGHER JUDICIAL SERVICE RULES, 1953

PART I GENERAL

Rule 1. Short title and commencement.

These rules may be called the Uttar Pradesh Higher Judicial Service Rules, 1953 and shall take effect from the date of this notification.

Rule 2. Status of the service.

The Uttar Pradesh Higher judicial Service is a State Service.

Rule 3. Definitions.

In these rules, unless there is anything repugnant in the subject or context—

(a)      "Constitution" means the Constitution of India;

(b)      "Direct recruitment" means recruitment in the manner prescribed by Rule 5(H) of these rules;

(c)      "Governor" and "Government" means respectively, the Governor and Government of Uttar Pradesh;

(d)      "Member of the Service" means a person appointed in a substantive capacity under the provisions of these rules, or of rules in force or orders issued in this behalf previous to the introduction of these rules, to a post in the cadre of the service;

(e)      "The service" means the Uttar Pradesh Higher judicial Service;

(f)       "Court" means the High Court of Allahabad.

PART II CADE

Rule 4. Strength of the service.

(1)     The strength of the service and of each class of posts therein shall be determined by the Governor from time to time, in consultation with the Court.

(i)       The permanent strength of the service and of each class of posts therein shall, until orders varying the same have been passed under sub-rule be as specified in Appendix A.

(2)     The Governor may, from time to time, leave unfilled or hold in abeyance, any post without thereby entitling any person to compensation, or may create additional temporary or permanent posts, from time to time, as may be found necessary.

PART III RECRUITMENT

Rule 5. Sources of recruitment.

(1)     Recruitment to the service shall be made to the posts of Civil and Sessions Judges—

(i)       by promotion from the members of the Uttar Pradesh Civil Service Qudicial Branch);

(ii)      by direct recruitment after consultation with the Court.

(2)     Persons eligible for direct recruitment under sub-clause (ii) of clause (1) of this rule shall be—

(a)      Barristers, Advocates, Vakils or Pleaders of more than 7 years standing;

(b)      Judicial Officers, as defined in U.P. Government's Notification No. 4957/I1-A-120-50, dated October 14, 1980, who may be eligible for applying for recruitment to the service in accordance with such Rules as may be prescribed by the Governor in this behalf from time to time.

Note.—The rules on the subject in force on the dale of this notification are given in Appendix 'B'.

Rule 6. Appointment to the grade of District and Sessions Judge.

 
Appointment to the grade of District and Sessions Judge shall be made by the Governor in consultation with the Court, with due regard to seniority and fitness for such appointment; provided that in making appointments against the posts of (i) Legal Remembrancer and ex officio Judicial Secretary to Government, (ii) Deputy Legal Remembrancer and ex officio Deputy Secretary to Government, and (iii) Registrar, High Court, in a temporary capacity, as may be necessary from time to time, the sole criterion shall be the fitness of an officer for such appointment.

Rule 7. Reservation of seats for Scheduled Castes.

Reservation for Scheduled Castes, etc., shall be in accordance with the orders for reservation in-force at the time of recruitment.

(A copy of the orders in-force at the date of promulgation of these rules will be found in Appendix C.)

Rule 8. Number of appointments to be made.

(1)     The Governor shall decide the number of recruits to be taken at each selection from each of the two sources of recruitment specified in Rule 5 :

Provided that the number of persons appointed otherwise than by pro- motion from the U.P. Civil Service (Judicial Branch) shall not exceed 25 per cent of the total number of vacancies occurring during any one period of selection and that the total number of persons appointed otherwise than by promotion from the aforesaid service, shall at no time exceed 25 per cent of the total strength of the cadre of the U.P. Higher Judicial Service:

Provided further that, if at any time, the total number of persons appointed to the service by promotion exceeds 75 per cent of the sanctioned strength of the cadre, the Governor may make direct recruitment to the service up to 33 per cent of the total number of vacancies occurring during any one period of selection, subject to the condition that the total number of persons appointed otherwise than by promotion from the U.P. Civil Service (Judicial Branch) shall not at any time exceed 25 per cent of the sanctioned strength of the cadre of the U.P. Higher Judicial Service.

(2)     If at any selection, the number of selected direct recruits available for appointment is less than the number of recruits decided by the Governor to be taken from that source, the Governor may increase correspondingly the number of recruits to be taken by promotion from the U.P. Civil Service (Judicial Branch).

PART IV QUALIFICATIONS

Rule 9. Nationality, domicile and residence.

The nationality, domicile and residence qualification shall be in accordance with the rules in-force at the time of recruitment.

(A copy of the rules in-force at the time of the promulgation of these rules will be found in Appendix "D").

Rule 10. Eligibility of women.

Women are also eligible for appointment to the service.

Rule 11. Age.

A candidate for direct recruitment must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January next following the year in which selection is made

Rule 12. Character.

(1)     The character of a candidate for direct recruitment must be such as to render him suitable in the opinion of the Governor in all respects for employment in the service.

Note.—Persons dismissed by the Union Government or by a State Government shall be ineligible for appointment.

(2)     The candidate must produce a certificate of good character from the District Judge of the district in which he has been practicing as a lawyer or barrister, etc., and from two responsible persons of status (not relations) who were well acquainted with him in private life and are unconnected with his University, College or School.

Note.—This clause shall not apply in the case of candidates for direct recruitment mentioned under clause (2) (b) of Rule 5.

PART V

PROCEDURE FOR RECRUITMENT BY PROMOTION

Rule 13. Recruitment by promotion.

The following procedure for selection by promotion under Rule 5(0 shall be observed :

(a)      The selection shall be confined to officers who have put in not less than seven years of service in the U.P. Civil Service (Judicial Branch):

Provided that where an officer is drawing a salary of not less than Rs.700 per mensem he will be eligible for promotion to the U.P. Higher Judicial Service notwithstanding the fact that he has not put in seven years of service in the U.P. Civil Service (Judicial Branch);

(b)      The selection shall be made on the basis of merit;

(c)      The selection shall be made by a Committee consisting of two Judges of the High Court and the Judicial Secretary to Government;

(d)      The Selection Committee shall meet at suitable intervals, as determined by the Governor, and shall select from among the eligible officers those whom they consider suitable for appointment to the service; provided that the interval between two such se- lections shall not exceed three years. The number of officers to be selected on each occasion shall, subject to the availability of suit- able persons, be equal to the number of vacancies that are likely to occur during the period of recruitment as decided by the Governor in accordance with Rule 8. A list of the officers selected shall then be made in the order of their inter se seniority in the Uttar Pradesh Civil Service (Judicial Branch). At the time when a fresh list is due to be drawn up, the cases of all eligible officers will again be considered by the Selection Committee on merits;

(e)      In judging candidates for promotion, the Committee shall take into consideration the record of every eligible officer as regards the quality of his work , and his trustworthiness and fitness for appointment to the Uttar Pradesh Higher Judicial Service . No one shall be considered fit unless he is clearly an office r of more than average ability , and his integrity is certified .

PART VI

PROCEDURE FOR DIRECTRE CRUITMENT

Rule 14. Direct recruitment.

(1)     Application s for direct recruitment to the service shall be called for by the Court and shall be made in the prescribed form which may be obtained from the Registrar of the Court.

(2)     The application s by barristers , advocates , vakils or pleaders , should be submitted through the District Judge concerned , and must be accompanied by certificate s of age , character , nationality and domicile , standing as a legal practitioner , and such other document s as may be prescribed in this behalf by the Court . Application s from Judicial Officers, should be submitted in accordance with the rules referred to in clause (2)(b) of Rule 5 of these Rules . The District Judge or other officer through who m the application is submitted shall send to the Court , along with the application , his own estimate of the applicant s character and fitness for appointment to the service .

Rule 15. Interview.

(1)     The Selection Committee shall scrutinize the application s received by the Court, and require such candidate s as seem best qualified for appointment to the service under these Rules, to appear before the Committee for interview. Candidate s from among legal practitioner s shall be required to defray their own expenses for the interview.

(2)     In assessing the merits of a candidate, the Selection Committee, shall have due regard for his professional ability, character, personality, physique and genera l suitability for appointment to the service as indicate d by his re- cord and interview.

Rule 16. Fees.

(1)     Candidates for direct recruitment falling under clause (2)(a) of Rule 5, must pay to the Registrar of the Court and to the President of the Medical Board such fees as may, from time to time, be prescribed by the Governor. No claim for refund of these fees shall be entertained.

(2)     No fees shall be payable to the Registrar of the Court by candidates from among Judicial Officers, but they shall be require d to pay the prescribed fees to the President of the Medical Board in case they are asked to appear before the Boar d in accordance with Rule 18.

Note.—The scale of fees at present prescribed is give n in Appendix 'E'.

PART VII APPOINTMENT, PROBATION AND CONFIRMATION

Rule 17. Waiting list of candidates.

(1)     The Selection Committee shall draw up a list of the candidate s selected for direct recruitment in order of merit :

Provided that in case this list includes two or more candidate s from among Judicial Officer , their names shall be so arranged as to be in accord with their inter se seniority as Judicial Officers. The number of selected candidates to be included in the list shall correspond to the number of vacancies for direct recruitment as decided by the Governor on each occasion in accordance with Rule 8, with a supplementary list prepared as aforesaid, for meeting unforeseen vacancies.

(2)     The Court shall submit to the Governor the two lists of candidates considered for appointment to the service from the two sources of recruitment as prepared in accordance with Rule 13, and clause (2) of this rule.

Rule 18. Physical fitness.

No person shall be appointed as member of the service by direct recruitment unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties as a member of the service. Before a candidate is finally approved for appointment by direct recruitment, he shall be required to appear before a Medical Board, who will examine him and certify him as fit or unfit for appointment to the service:

Provided that a candidate selected from among Judicial Officers who has already been examined and declared fit by a Medical Board in connection with his appointment as a Judicial Officer, shall not be required to appear before a Medical Board again under this rule.

Rule 19. Appointment.

(1)     The Governor shall, on receipt from the Court of the waiting lists prepared under Rules 13 and 17, make appointments to the service on the occurrence of substantive vacancies, by taking candidates from those lists in the order in which they stand in the respective lists, subject in the case of the waiting list for direct recruitment, to the provisions of Rules 7 and 18, and provided that the Governor is satisfied that they are duly qualified for appointment to the service in all respects. The first three vacancies shall be filled from the list of Officers belonging to the Uttar Pradesh Civil Service (Judicial Branch), and the fourth vacancy shall be filled from the list of direct recruits, and so on. These lists shall remain in force during the period for which vacancies have been determined by the Governor under Rule 8.

(2)     The Governor may make appointments in temporary or officiating vacancies from among persons who are eligible for appointment to the service by promotion under Rule 5(1 )(i) of these Rules :

Provided that, as far as may be, such appointments shall be made from the waiting list in-force at the time of appointment, as prepared under Rule 13, and that other members of the Uttar Pradesh Civil Service (Judicial Branch) shall be considered for such appointments only after the aforesaid list has been exhausted :

Provided further that for purposes of appointment in temporary or officiating vacancies under this clause, a member of the Uttar Pradesh Civil Service (Judicial Branch) shall be deemed to be eligible for such appointment irrespective of the length of his service or the pay drawn by him, if any officer junior to him in that service has become eligible for permanent appointment to the Uttar Pradesh Higher Judicial Service.

(3)     All appointments made under this Rule shall be notified in the Official Gazette.

Rule 20. Seniority.

Subject to the provisions of Rule 31, seniority in the service will be determined by the date of order of appointment in a substantive vacancy:

Provided that if two or more candidates are appointed on the same date, their seniority will be determined according to the order in which their appointment has been notified under Rule 19.

Note.—In case of promoted officers, the main criteria to be considered for their confirmation are—

(i)       Availability of a substantive vacancy/ post. f ii) Suitability for the post.

Note.—A candidate recruited directly may lose his seniority if he is un- able to join the service when a vacancy is offered to him.

Rule 21. Period of probation.

All directly recruited candidates shall on appointment to the service, be placed on probation. The period of probation in each case shall be two years.

Rule 22. Extension of the period of probation, etc.

(1)     If it appears at any time during or at the end of the period of probation that an officer who was directly recruited to the service, has not made sufficient use of his opportunities, or if he has otherwise failed to give satisfaction, the Governor may dispense with his services or in case he holds a lien on some post under Government, revert him to that post:

Provided that the Governor may, in special cases, extend the period of probation. The orders sanctioning such extension of probation shall specify the exact date up to which the extension is granted, and whether or not the extended period will count for purposes of increment in the time-scale.

(2)     An officer whose services are dispensed with under clause (1) of this Rule shall not be entitled to any compensation.

Rule 23. Confirmation.

(1)     A probationer shall be confirmed in his appointment at the end of his period of probation, or at the end of the extended period of probation, if the Governor, after consultation with the Court, is satisfied that he is fit for confirmation.

(2)     All confirmations under this Rule shall be notified in the Official Gazette.

Rule 24. Monthly rates of pay.

The scales of pay admissible to members of the service shall be as follows—

(1)     For Civil and Sessions Judges, the scale of pay shall be Rs. 600- 50-800-50-1,200, per mensem, with an efficiency bar at the stage of Rs. 800;

 

(2)     For District and Sessions Judges, the scale of pay shall be Rs. 800- 50-1,000-75-1,750-50-1,800 per mensem;

(3)     Fixation of initial pay on appointment to the service in posts of Civil and Sessions Judge shall be regulated as follows—

(a)      Direct recruits will commence on the minimum of the time scale, namely, Rs. 600 per mensem. Such a recruit will, on satisfactory completion of the first year of his probation, draw Rs. 650 per mensem, and on confirmation, Rs. 700 per mensem.

Note—If the period of probation is extended in the case of a candidate appointed by the direct recruitment, such extension shall not count for increment unless the Appointing Authority directs otherwise;

(b)      The initial pay of an officer of the Uttar Pradesh Civil Service 0iidicial Branch) promoted to the post of Civil and Sessions Judge, should be fixed at the stage in the scale for Civil and Sessions Judges next above, the amount equal to the officer's pay, or presumptive pay in the ordinary time- scale (as distinguished from pay in the selection grade) of the Uttar Pradesh Civil Service (Judicial Branch), plus an increase at the rate of one increment in the time-scale for Civil and Sessions Judges for every three years of service in the Uttar Pradesh Civil Service (Judicial Branch), subject to a minimum increase of Rs. 200 and a maximum increase of Rs. 300.

Provided that when with the prescribed increase calculated as aforesaid, the figure arrived at corresponds to a stage in the time-scale for Civil and Sessions Judges, the pay shall be fixed at that stage and not at the next higher stage;

Provided further that if in the case of an officer who has been promoted substantively to the selection grade of that Service, his substantive pay in the selection grade is higher than the pay admissible to him on his appointment as a Civil and Sessions Judge as fixed under this sub-rule, the difference between this pay in the selection grade and his pay in the scale of Civil and Sessions Judges will be allowed as personal pay to be absorbed in future increments.

Note—The pay of officers of the U.P. Civil Service (Judicial Branch) who are appointed to officiate in posts of Civil and Sessions Judge should be re- fixed on each occasion when they get an increment in their pay in their per- manent posts in that service as though they had been promoted to the posts of Civil and Sessions Judge on the date of such increment.

Explanation.—The expression 'increment' referred to in this note denotes only periodical increment in the ordinary time-scale of the Uttar Pradesh Civil Service (Judicial Branch) and does not connote increase in the pay due to substantive promotion to the selection grade of that service.

 

(4)     The criterion for crossing the efficiency bar in the scale for Civil and Sessions Judges shall be that the Officers integrity has not been doubted and that his work is such in all respects as would, in the opinion of the Governor, justify his appointment as District and Sessions Judge; and

(5)     In addition to the pay which may be drawn by a member of the service under the foregoing clauses of this Rule, he shall, while holding any of the posts specified in column 2 of Appendix 'F', receive the amount specified against that post in column 3 of the Appendix as special pay.

PART VIII

OTHER PROVISIONS

Rule 25. Canvassing.

No recommendation, either written or oral, other than those required under these rules or the rules printed on the form of application, shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means may disqualify him for appointment.

Rule 26. Loyalty.

Candidates selected for appointment to the service shall take an oath of allegiance or solemn affirmation that they will be loyal to the Constitution of India as by law established.

Rule 27. Knowledge of Hindi.

A candidate for recruitment to the service must possess a thorough knowledge of Hindi written in the Devanagri script.

Rule 28. Regulation of allowances, pension, etc.

Except as provided in these rules, the pay, allowances, pensions, leave and other conditions of service, shall be regulated by rules made under Article 309 of the Constitution and pending the issue of such rules, by the rules made applicable by Government Notification No. A-5822/X-303, dated November 14, 1930 and No. G-698/X-534 (44), dated July 16, 1937 and continued in force under Article 313 of the Constitution of India.

Rule 29. Exceptions.

Notwithstanding anything contained in these Rules, the conditions of service of the District and Sessions Judges who are members of the Indian Civil Service shall remain as hitherto.

Rule 30. Notwithstanding anything contained in these Rules.

(a)      the pay of an officer appointed or approved for appointment to the U.P. Civil Service (Judicial Branch) on or before July 4,1931 and confirmed as a Civil and Sessions Judge on or before December 31,1950, shall, as a Civil and Sessions Judge, be governed by Rule 12 of the U.P. Civil Service (Judicial Branch) (Conditions of Service) Rules, 1942. Such officer shall on appointment as a District and Sessions Judge, draw pay in the time-scale for District and Sessions Judges mentioned under Rule 24, and his initial pay in that time-scale shall be fixed at the stage next above the amount equal to the officer's pay, or presumptive pay in the ordinary time-scale of the U.P. Civil Service (Judicial Branch), plus an increase at the rate of one increment in the time-scale for the District and Sessions Judges for every three years of his total service in U.P. Civil Service (Judicial Branch) and as Civil and Sessions Judge, subject to a minimum increase of Rs.200 and a maximum increase of Rs.300, as if this rule was in force on his first appointment as a District and Sessions Judge in a substantive, temporary or officiating capacity on or after March 6,1948 :

Provided that when with the increase calculated as aforesaid the figure arrived at corresponds to a stage in the time-scale for District and Sessions Judges, the pay shall be fixed at that stage and not at the next higher stage.

Provided further that if the pay of an officer in the post of District and Sessions Judge as calculated under this clause is, at any stage, less than the pay already allowed to him under the orders issued in this behalf by Government, the difference shall be treated as his personal pay and absorbed in his future increments:

(b)      the pay of every other officer as a member of the U.P. Civil Service (Judicial Branch), on the 16th day of August, 1947, appointed to the post of District and Sessions Judge, or a post of Civil and Sessions Judge, whether in a substantive, temporary or officiating capacity, shall be refixed in accordance with Rule 24 as if that rule was in force on the date of his first appointment as afore- said;

Provided that if the pay of an officer in the post of District and Sessions Judge as calculated under this clause is, at any stage, less than the pay al- ready allowed to him under the order issued in this behalf by Government, the difference shall be treated as his personal pay and absorbed in his future increments.

Rule 31.

Notwithstanding anything contained in these rules judicial officers who were serving in any area, which has merged in the State of Uttar Pradesh after August 15,1947, or may merge therein hereinafter, may be appointed to posts in the cadre on the merger of that area, and so far as may be, shall, on such appointment be governed by Rules 24, 26, 27, 28 and 31 only, and their seniority shall be as determined by the Governor in consultation with the Court—

(1)     Nothing in these Rules shall be construed to limit or abridge the power of the Governor to deal in consultation with the Court, with the case of any person governed by these rules in such manner as may appear to him to be just and equitable :

Provided that, where any of the foregoing rules is applicable to the case of any person, the case shall not be dealt with in a manner less favourable to him than that provided by that rule.

 

(2)     When, in his opinion, it appears necessary to do so, the Governor may make any appointment to the service in relaxation of these Rules, and in case of any appointment which is not in strict accordance with the Rules, the Governor shall be deemed to have made the appointment in relaxation of the Rules.

APPENDIX A

[See Rule 4(2)]

The sanctioned permanent strength of the service and the kind of posts included therein are as follows—

District and Sessions Judges		371
Civil and Sessions Judges (including a Leave Reserve of five post)		452
Total		82

Rule 32.

Judgeships of Saharanpur, Meerut, Bulandshahr, Aligarh, Mathura, Agra, Mainpuri, Etah, Bareilly, Budaun, Moradabad, Rampur, Shahjahanpur, Farrukhabad, Kanpur, Allahabad, Jhansi, Banaras, Ghazipur, Gorakhpur, Basti, Azamgarh, Kumaun, Lucknow, Unnao, Rae Bareli, Sitapur, Hardoi, Faizabad, Gonda, Bara Banki, and Additional District and Sessions Judge, Meerut, Moradabad and Aligarh.

1 Registrar, High Court, Allahbad.

1 Legal Remembrancer and Judicial Secretary to Government.

1 Deputy Legal Remembrancer to Government.

2 Posts for Deputation Reserve.

Note.—The posts of District and Sessions Judge held by I.C.S. Officers transferred to the judicial line, as on August 15, 1947, are included in this sanctioned strength.

APPENDIX B

[See Rule 5(2)(6)]

 

RULES REGARDING THE ELIGIBILITY ETC.,

OF JUDICIAL OFFICERS

1.        A candidate from among Judicial Officers (as defined in Government's Notification No. 4957/II-A-120-1950, dated October 14,1950) for recruitment to the U.P. Higher Judicial Service, must be either—

 

1.        This number includes 30 posts of District and Sessions Judges formerly borne on the I.C.S. Cadre (including two posts in the Selection Grade as admissible to I.C. S Officers) which were encadred in the U.P. Higher Judicial Service with effect from August 15, 1947, under Government's Notification No. P-2419/II-A-447-1948, dated November 12,1949, and seven additional posts added with effect from July 1,1951, vide Government's Notificaiton No. P. 1504 (m)/II-A-447-1948, dated July 19,1951.

2.        This number includes 15 posts of Civil and Sessions Judges, which were encadred in the U.P. Higher Judicial Service with effect from January 1, 1951, under Government's Notification No. P-266/II-A-639-1948, dated January 25,1951 and 30 additional posts which were added to the cadre of that Service with effect from July, 1, 1951, vide Notification No. P- 1504(III)/II-A-447-1948, dated July 19,1951.

 

(a)      a Bachelor of Laws of a University established by law in Uttar Pradesh, or any other University in India recognised for this purpose by the Governor; or

(b)      a Barrister of England or Northern Ireland, or a member of the Faculty of Advocates in Scotland.

2.        He should have put in a minimum of seven years' total service in posts of Judicial Magistrates, Revenue Officers or Judicial Officers or in posts deemed to be equivalent thereto by the Governor for this purpose.

3.        His age should be within the age limits prescribed for direct recruitment under Rule 11 of the U.P. Higher Judicial Service Rules.

4.        Eligible Judicial Officers will submit their applications on the prescribed form to the Chief Secretary to Government, through the District Magistrate or other head of Office under whom the candidates may, for the time being, be employed, and the applications thus received will be forwarded by the Chief Secretary to the High Court, with the Officer's records and other remarks.

APPENDIX C

[See Rule 7]

ORDERSR EGARDING REPRESENTATI ON OF SCHEDULED CASTES IN PUBLIC SERVICES (VIDE O.M. NO. 0-2266/II-B-13-1946, DATED AUGUST 26,1950)

In pursuance of the provisions of clause (4) of Article 16 and of Article 335 of the Constitution, the Governor is pleased to order that, consistently with the maintenance of efficiency of administration—

                              (i)          the interest of the backward classes shall in general be borne in mind in making appointment; and

                             (ii)         there shall be a general reservation of 10 per cent of the vacancies for members of the Scheduled Castes in making appointments to services and posts in connection with the affairs of the State of Uttar Pradesh:

Provided that if in any one year, candidates of the Scheduled Castes fail to be recruited to any services or establishment to the extent of 10 per cent, the deficiency shall be made good in the recruitment to the service or establishment concerned in the following year:

Provided further that the reservation on account of the deficiency shall not be carried forward for more than one year.

APPENDIX D

[See Rule 9]

(1)     Revised general rule regarding nationality, domicile and residence of candidates for recruitment to services and posts under the rule making control of the Governor, Uttar Pradesh.

 

(1)     A candidate must be—

(a)      a citizen of India whose original domicile is in Uttar Pradesh, provided he has not acquired a domicile elsewhere; or

(b)      a citizen of India whose original domicile is not in Uttar Pradesh but who has acquired a domicile in Uttar Pradesh, and has re- sided there for not less than five years at the date on which he applies for recruitment to the service or post; or

(c)      (i) a citizen of India; and

(ii) a person, who has migrated or may hereafter migrate from Pakistan to reside permanently in this State, in whose favour a declaration of eligibility has, except as hereinafter provided, been is- sued by the Governor of Uttar Pradesh.

Exceptions—Notwithstanding anything contained in this Rule, the following shall be eligible for recruitment—

(1)     a citizen of India whose father is (or, if dead, was at the time of his death) employed in any department of the Union Government and is (or was) liable to inter-State transfers provided that he has himself resided in Uttar Pradesh for three continuous years immediately preceding the date of application for appointment; or

(2)     (i) a person who migrated to the territory of Uttar Pradesh from the territory now included in Pakistan if he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and in the case where such person so migrated before July 19, 1948 he has been ordinarily resident in the territory of Uttar Pradesh since the date of his migration; or

(ii) in the case where such person so migrated on or after July 19, 1948 he was registered as a citizen of India before January 26, 1950 as required under sub-clause (ii) of clause (b) Article 6 of the Constitution of India; or

(3)     a person who after having migrated to the territory now included in Pakistan, returned to Uttar Pradesh under permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 of the Constitution of India be deemed to have migrated to the territory of Uttar Pradesh after July 19,1948.

Note.—(1) A declaration of eligibility as required by clause (c) above will be given by the Governor after considering each case on merit.

Provided that no declaration of eligibility will be required in the case of persons who migrated from Pakistan to reside permanently in this State on or after July 19, 1948, but before September 30,1948, if such persons have already entered service on the strength of instructions issued in Appointment (B) Department Memo. No. 0-2213/II-B-282-1941, dated October 22,1948.

(2)     The appointment of persons who are not covered by the provisions in clauses (a) to (c) above will be made only in very exceptional circumstances and only on a temporary or contract basis, the specific orders of the Governor being obtained in each case.

(3)     The original domicile prevails until a new domicile has been acquired, and a new domicile continues until the former domicile has been resumed or another has been acquired. But a person can have only one domicile at one time for the purpose of this rule.

(4)     A person acquires a new domicile by taking up his fixed habitation in a State which is not that of his original domicile. Such a person may make declaration of his having acquired a new domicile before the District Magistrate of the district in which he takes up his fixed habitation but such declaration shall not by itself be regarded as sufficient proof of change of domicile.

(2)     Rules for the determination of domicile for purposes of recruitment to services and posts under the rule making control of the Governor, Uttar Pradesh.

The domicile of a candidate for direct recruitment shall be determined in accordance with the following provisions—

(1)     Domicile may be defined as the place where a person has his permanent home. Domicile may be of two kinds, viz., original domicile and acquired domicile;

(2)     A person can have only one domicile at one time;

(3)     Original domicile prevails until a new domicile has been acquired, and a new domicile continues until the former domicile has been resumed or another has been acquired;

(4)     A person acquires, a new domicile by taking up his fixed habitation in a State which is not that of his original domicile. Such a person may make a declaration of his having acquired a new domicile before the District Magistrate of the district in which he takes up his fixed habitation but such declaration shall not by itself be regarded as sufficient proof of change of domicile;

(5)     The domicile of a minor follows the domicile of the parent from whom he derives his original domicile.

(6)     After marriage a woman acquires the domicile of her husband if she had not the same domicile before and her domicile during the marriage follows the domicile of her husband :

Provided that if the husband and wife are separated by the order of Competent Court or if the husband is undergoing a sentence of transportation, the wife becomes capable of acquiring an in- dependent domicile; and

 

(7)     Save as otherwise provided above, a person cannot during minority acquire a new domicile.

APP ENDIX E

(See Rule 16)

SCALE OF FEES TO BE PAID BY CANDIDATES FOR DIRECT RECRUITMENT TO THE UTTAR PRADESH, HIGHER JUDICIAL SERVICE

 

A.        To be paid to the Registrar, High Court, Allahabad.

 

Rs.
(i) Price of application form			1
(ii) Application fee			5
(iii) Interview fee			25
		(For members of the Scheduled Castes Rs. 15)
			Rs. 16

 

B.        To be paid to the President of the Medical Board before examination by the Board (only in the case of candidates who are called to appear before the Board)

APPENDIX F

[See Rule 24(5)]

SPECIAL PAY ADMISSIBLE TO MEMBERS OF THE HIGHER JUDICIAL SERVICE