Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.1921 of 2008
D.D. 22.04.2008
Hon’ble the Chief Justice M.Karpaga Vinayagam &
Hon’ble Mr. Justice D.G.R. Patnaik
Rupesh Kumar & Anr. ... Petitioners
Vs.
State of Jharkhand & Ors. ... Respondents
Qualification:
Petitioners candidates for the post of Civil Judge Junior Division has challenged Rule 5(b) of
Jharkhand Judicial Service (Recruitment) Rules, 2004, whereby a candidate to be eligible to be appointed
as Civil Judge Junior Division must be enrolled as an Advocate under the Advocate’s Act – In view of
the decision of the Supreme Court in (2002) 4 SCC 247 which accepted the recommendations of
Shetty Commission that an Advocate with a practice of at least 3 years should be done away with, the
Court holding that prescription of enrolment as an Advocate is not contrary to the same decision has
dismissed the writ petition.
Held:
It is settled law that it is for the State or employer to prescribe qualification and other eligibility
criteria for recruitment [2003 AIR SCW 272].
Cases referred:
2003 AIR SCW 272 - P.U. Joshi & Others versus Accountant General, Ahmedabad and others
with Union of India & Others versus Basudeba Dora and others
M.Karpaga Vinayagam, C.J.
ORDER
Rupesh Kumar and Sumee Kumari, the petitioners herein have filed this writ petition seeking for
quashing of Rule 5(b) of Jharkhand Judicial Service (Recruitment) Rules, 2004, whereby a candidate
to be eligible to be appointed as Civil Judge Junior Division (Munsif) must be enrolled as an Advocate
under the Advocates’ Act, 1961, as Published in the Jharkhand Gazette Extraordinary dated 4th
April, 2005.
2. Mr. M.S.Anwar, learned Senior Counsel appearing for the petitioners, would put forth the
following points for challenging the above Rule:-
Jharkhand PSC
(i) The Rule 5(b) of the Jharkhand Judicial Service (Recruitment) Rules, 2004, putting
a condition that the candidate to be eligible to be appointed as Civil Judge Junior
Division (Munsif) must be enrolled as an Advocate under the Advocates’ Act,
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