Government Amends Rajasthan Judicial Service Rules 2010

The department of personnel (DOP), Government of Rajasthan, issued a notification on 20^th August 2020, that amends the Rajasthan Judicial Service Rules 2010. 

As per the Rajasthan Judicial Service Rules 2010 amendment notification, in exercise of the powers conferred by Article 233 and 234 read with proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Rajasthan in consultation with the Rajasthan Public Service Commission and the High Court of Judicature for Rajasthan has made following rules further to amend the Rajasthan Judicial Service Rules, 2010.

Important Amendments to Rajasthan Judicial Service Rules, 2010

1. Title & Commencement

• These rules may be called the Rajasthan Judicial Service (Amendment) Rules, 2020.
• They shall come into force on the date of their publication in the Official Gazette.

2. MBC & EWS Reservation:

Amendment in Rule 10 & Rule 17: The Rajasthan Judicial Service Rules (amendment 2020)  provides 5% reservation to More Backward Classes (MBC) & 10% reservation to Economically Weaker Section (EWS) in direct recruitment for Rajasthan Judicial Services. Read in Detail

4. Interview Committee Composition

Amendment in Rule 20: The committee consisting of two sitting judges of the High Court and an expert not below the rank of Professor (Law), nominated by the Chief Justice, shall interview the candidates.

8. Submission of application-

Substitution of rule 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.

(2) Every application shall be accompanied by a certificate in the format as prescribed by the Recruiting Authority, from the District Judge concerned where ordinarily the applicant is practicing, as to the character and length of actual practice of the candidate along with such other documents as may be specified. In case the applicant is practicing in the High Court, the certifying authority shall be Registrar of the concerned High Court and if he is practicing in the Supreme Court, the certifying authority shall be the Registrar of the Supreme Court.

9. Scrutiny of applications.

Substitution of rule 38- Scrutiny of applications.

The Committee constituted by the Chief Justice shall scrutinize the applications of the applicants who are qualified for main examination and shall satisfy itself before granting of certificate in case that the application has been made strictly in accordance with the provisions of these rules and the decision as to the eligibility or otherwise of the candidates for admission in the Main Examination shall be final. No candidate shall be admitted to the Main Examination unless he holds a certificate of admission granted by and under the authority of the Recruiting Authority. 

10. Syllabus of Preliminary & Mains Examination

Substitution of rule 39 – Syllabus

The amended Rajasthan Judicial Service Rules notifies that Syllabus for Preliminary Examination and Main Examination shall be as specified in Schedule – VIII and IX respectively.

11. Scheme of Examination

Substitution of Rule 40: Scheme of Examination

(1) A competitive examination for direct recruitment to the cadre of District Judge shall be held by the Recruiting Authority every year in accordance with ScheduleIII.

(2) The competitive examination for the direct recruitment for the cadre of District Judge shall be conducted as per Schedule VII. The Recruiting Authority shall hold the same in three stages i.e. Preliminary Examination, Main Examination and Interview to test the candidates’ knowledge (eligibility) and fitness (suitability) for appointment. The marks obtained in the Preliminary Examination by the candidates who are declared qualified for admission to the Main Examination will not be counted for determining their final merit.

(3) The number of candidates to be admitted to the main examination will be to the extent of fifteen times the total number of notified vacancies (Category wise), but in the said range all those candidates who secure the same percentage of marks, as may be fixed by the Recruiting Authority for any lower range, will be admitted to the Main Examination.

(4) On the basis of marks secured in Main Examination, candidates to the extent of three times of total number of notified vacancies (Category wise) shall be declared qualified to be called for interview.

(5) The Committee consisting of the Chief Justice, the Administrative Judge and three sitting Judges of the High Court, nominated by the Chief Justice shall interview the candidates.

(6) The recruiting authority shall not recommend a candidate who has failed to appear in any of the written paper or before the committee for interview.

13. Schedule I: Cadre Strength

• The notification amends the Schedule I of the Rajasthan Service Rules and defines new cadre strength.

14. Schedule III: Time Schedule for Examination

A. 25% of vacancies are to be filled by direct recruitment from the bar. It also notifies how the high court can calculate number of vacancies to be notified in a particular year & timeline of the process. The vacancies for any particular year are to be notified before March 31^st & the process of recruitment has to be completed before 10^th March next year.

B. 10% of vacancies are to be filled by promotion through limited competitive examination of senior civil judges not having less than 5 years of qualifying experience. It also notifies how the high court can calculate number of vacancies to be notified in a particular year & timeline of the process. The vacancies for any particular year are to be notified before March 31^st & the process of recruitment has to be completed before 10^th March next year.

15. Schedule VI: Scheme for Limited Competitive Examination for Promotion to the District Judge Cadre

(a) Written Test: The scheme of the Written Examination for Limited Competitive Examination for promotion to the District Judge Cadre shall consist of subjective/narrative type questions, comprising of four Papers of 100 marks, each. The duration of each Paper will be of 03 hours (180 minutes). A candidate shall be required to secure minimum prescribed marks to be declared successful.

(b) Interview: The interview shall be of 50 marks. In interviewing candidate, suitability for promotion to the District Judge Cadre shall be tested with reference to his service record and his character, personality, address and physique. Question which may be put to him may be of a general nature and will not necessarily be academic or legal. The candidate will also be put questions to test his general knowledge including knowledge of current affairs and present day problems. The marks so awarded shall be added to the marks obtained by each candidate in the written examination.

16. Schedule VII: Scheme for Scheme For Competitive Examination For Direct Recruitment to The District Judge Cadre

(a) The Preliminary Examination shall be objective type examination, consisting of 150 multiple choice/objective type questions (carrying 01 mark each) to be solved within a period of three hours (180 Minutes). Recruiting Authority shall prescribe requisite minimum marks. Syllabus for Preliminary Examination shall be as per Schedule-VIII.

(b) The Main Examination shall be consisting of subjective/narrative type questions and comprise of four papers of 100 marks each. The duration of each Paper will be of 03 hours (180 minutes). A candidate shall be required to secure following minimum marks in each paper to be declared successful.

(c) Interview: The interview shall be of 50 marks. In interviewing a candidate, suitability for employment to the Judicial Service in the Cadre of District Judge shall be tested with reference to his record at the School, College, University, his character, personality, address, logical reasoning and physique. Question which may be put to him may be of a general nature and will not necessarily be academic or legal. The candidate will also be put questions to test his general knowledge including knowledge of current affairs and present day problems, proficiency in the Rajasthani dialects and knowledge of social customs of Rajasthan. The marks so awarded shall be added to the marks obtained by each candidate in the Main Examination.

17.1 – Schedule VIII – Syllabus for Preliminary Examination for Direct Recruitment to the District Judge Cadre

17.2 – Schedule IX – Syllabus for Mains Examination for Direct Recruitment to the District Judge Cadre

Paper-I

The Code of Civil Procedure, 1908; Transfer of Property Act, 1882; The Indian Evidence Act, 1872; The Arbitration and Conciliation Act, 1996; The Motor Vehicles Act, 1988 (Chapter X, XI and XII and the Second Schedule); The Rajasthan Rent Control Act, 2001; The Specific Relief Act, 1963; The Limitation Act, 1963; Rajasthan Land Revenue Act, 1956 (Chapter I, V and VI) and The Rajasthan Tenancy Act, 1955 (Chapter I, II, IV, VIII and XV).

Paper- II:

The Constitution of India; Indian Contract Act, 1872; Indian Partnership Act, 1932; The Sale of Goods Act, 1930; Law of Torts; Indian Easements Act, 1882; Hindu Law (Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Minority and Guardianship Act, 1956; Hindu Adoption and Maintenance Act, 1956); Muslim Law; The Registration Act, 1908; The Rajasthan Stamp Act, 1998; General Rules (Civil and Criminal) 2018 and Interpretation of Statutes. 

Paper-III

The Code of Criminal Procedure, 1973; Indian Penal Code, 1860; The Indian Evidence Act, 1872; The Narcotic Drugs and Psychotropic Substances Act, 1985; The Juvenile Justice (Care and Protection of Children) Act, 2015; The Negotiable Instrument Act, 1881 (Chapter XVII): The Electricity Act, 2003 (Chapter XIV); The Prevention of Corruption Act, 1988; The Protection of Women from Domestic Violence Act, 2005; The Protection of Children from Sexual Offences Act, 2012 and Medical Jurisprudence.

Paper- IV:

Writing Skills & Current Legal Knowledge :

• a) Language which includes translation, precis, essays, etc. Translation may include Hindi to English and English to Hindi (40 marks).
• b) Judgment writing (40 marks):
  • i. Settlement of issues
  • ii. Framing of charges
  • iii. Writing of Judgment/ Order
• c) Landmark Judgments of Supreme Court and Rajasthan High Court (20 marks)

17.3 Schedule X: Syllabus for Limited Competitive Examination for Promotion to the District Judge Cadre

1. Paper-1

The Code of Civil Procedure, 1908; Transfer of Property Act, 1882; The Indian Evidence Act, 1872; The Arbitration and Conciliation Act, 1996; The Motor Vehicles Act, 1988 (Chapter X, XI and XII and the Second Schedule); The Rajasthan Rent Control Act, 2001; The Specific Relief Act, 1963; The Limitation Act, 1963; Rajasthan Land Revenue Act, 1956 (Chapter I, V and VI) and The Rajasthan Tenancy Act, 1955 (Chapter I, II, IV, VIII and XV).

2. Paper- II

The Constitution of India; Indian Contract Act, 1872; Indian Partnership Act, 1932; The Sale of Goods Act, 1930; Law of Torts, Indian Easements Act, 1882; Hindu Law (Hindu Marriage Act, 1955; Hindu. Succession Act, 1956; Hindu Minority and Guardianship Act, 1956; Hindu Adoption and Maintenance Act, 1956); Muslim Law: The Registration Act, 1908; The Rajasthan Stamp Act, 1998; General Rules (Civil and Criminal), 2018 and Interpretation of Statutes.

3. Paper- III

The Code of Criminal Procedure, 1973; Indian Penal Code, 1860; The Indian Evidence Act, 1872; The Narcotic Drugs and Psychotropic Substances Act, 1985; The Juvenile Justice (Care and Protection of Children) Act, 2015; The Negotiable Instrument Act, 1881 (Chapter XVII); The Electricity Act, 2003 (Chapter XIV); The Prevention of Corruption Act, 1988; The Protection of Women from Domestic Violence Act, 2005; The Protection of Children from Sexual Offences Act, 2012 and Medical Jurisprudence.

4. Paper- IV:

Writing Skills & Current Legal Knowledge :

• a) Language which includes translation, precis, essays, etc. Translation may include Hindi to English and English to Hindi (40 marks).
• b) Judgment writing (40 marks):
  • i. Settlement of issues
  • ii. Framing of charges
  • iii. Writing of Judgment/ Order
• c) Landmark Judgments of Supreme Court and Rajasthan High Court (20 marks)

Reference:

• Rajasthan Judicial Service (Amendment) Rules, 2020 – Download PDF