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

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competency of the State to change the rules relating to a service and
alter to amend and vary by addition/subtraction the
(h) As indicated above, in the absence of any prohibition with reference to the condition
that a candidate must be an advocate enrolled under the Advocates’ Act as contained
in the Supreme Court Judgement, the Rule 5(b) cannot be said to be illegal.
6. In regard to the second point in which it is stated that all the other States have not insisted for
the said qualification:-
(a) It is to be stated that the State of Jharkhand is empowered to prescribe the
qualification and eligibility criteria and it cannot be compelled to follow the eligibility
criteria which has been fixed by other States.
(b) It is open to every State to frame their own rule relating to recruitment and fix
eligibility criteria.
(c) Merely because other States did not insist for the applicant to be an advocate
enrolled under the Advocates’ Act, the Court cannot give a direction to the State
of Jharkhand to follow the other States as it would amount to interference with the
exclusive power of the State in fixing the eligibility criteria.
7. Therefore, on these grounds, this writ petition is dismissed. There shall, however, be no order
as to costs.
Jharkhand PSC
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