Fresh roster system for determining inter-se seniority
*Promotion, LDCE, direct recruitment quotas rebalanced
Mohinder Verma
JAMMU, June 18: The Government has carried out amendments to the Jammu and Kashmir Higher Judicial Service Rules, 2009, substantially restructuring the recruitment architecture for appointment of District Judges and other officers of the Higher Judicial Service.
A detailed examination of the amendments carried out by the Lieutenant Governor in consultation with the High Court of Jammu & Kashmir and Ladakh in exercise of the powers conferred by proviso to Article 309 read with Article 233 of the Constitution of India, reveals that the Government has not merely altered a few procedural provisions but has reworked the very framework governing promotion, direct recruitment, eligibility and seniority in the Higher Judicial Service.
One of the most significant amendments is the insertion of the definition of "In-Service Candidate" in Rule 2. Prior to the amendment, the Rules recognized advocates as the source for direct recruitment to the Higher Judicial Service.
The new amendment creates a separate category comprising members of the Jammu & Kashmir and Ladakh Judicial Service who possess a combined experience of seven years or more as an advocate and Judicial Officer. The amendment also expands the definition of "Advocate" to specifically include practicing Advocates, Pleaders, Government Pleaders and Public Prosecutors.
The amendment marks a major shift in the quota structure of recruitment. Since the last amendment, 65 per cent posts in the Higher Judicial Service were being filled through regular promotion from Civil Judges (Senior Division) on the basis of merit-cum-seniority. The latest amendment reduces this share to 50 per cent, thereby restoring the position that existed under the original 2009 Rules.
The reduction in the promotion quota is accompanied by a corresponding increase in the quota earmarked for Limited Departmental Competitive Examination (LDCE). The 2011 amendment had reduced the LDCE quota from 25 per cent to 10 per cent. The latest notification restores it to 25 per cent, thereby significantly enhancing opportunities for meritorious Civil Judges (Senior Division) to secure accelerated promotion to the Higher Judicial Service.
The eligibility criteria for appearing in the LDCE have also been relaxed. Under the existing framework, Judicial Officers generally required five years of service as Civil Judge (Senior Division) to become eligible for accelerated promotion. The amendment lowers this requirement to three years' service as Civil Judge (Senior Division), subject to a minimum total judicial service of seven years.
Another major departure from the existing Rules is the modification of the direct recruitment quota. Earlier, the 25 per cent direct recruitment quota was meant exclusively for advocates having the prescribed period of practice. The amended Rules now provide that 25 per cent posts shall be filled through direct recruitment from eligible advocates as well as in-service candidates through a written examination and viva voce conducted by the High Court.
The eligibility condition for direct recruitment has also been broadened. Under the earlier Rules, direct recruits generally had to establish continuous practice as advocates for the prescribed period. The amended provision now permits in-service candidates to compete if they possess a combined continuous experience of seven years or more as an advocate and Judicial Officer as on the last date for submission of applications.
The amendment completely substitutes Rule 7 and prescribes a detailed structure for the Limited Departmental Competitive Examination. The examination will carry 280 marks, comprising: Written Examination---180 marks (Law and Procedure paper: 100 marks); (Judgment writing paper: 80 marks). The Performance Assessment will carry 80 marks---last five years' ACRs (35 marks), judgments (25 marks), disposal of contested cases (20 marks) and Viva Voce (20 marks).
The amendment introduces specific qualifying benchmarks for LDCE candidates with the mention that a candidate must secure 50 per cent marks in each written paper, 50 per cent marks in performance assessment and 55 per cent marks in aggregate to qualify for viva voce and eventual selection. Only candidates obtaining 55 per cent or more overall marks will be declared successful.
The Government has also substituted Schedule 'B' dealing with determination of seniority.
The new provisions establish a four-point roster for officers recruited from different sources and prescribe how seniority will be regulated when recruitment processes are delayed or when vacancies remain unfilled.
