CAREER

Friday, 29 November 2013

THE HIGH COURT OF BOMBAY 24 vacancies for the posts of District Judge RECRUITMENT FOR THE POST OF "DISTRICT JUDGE - 2013"

IN THE HIGH COURT OF BOMBAY
APPELLATE SIDE
Press Advertisement
No.A.5504/2013
Applications  in   the   prescribed   form   are   invited  online  from
eligible candidates for 24 vacancies for the posts of District Judge, in
the  Judicial Service of  the State of Maharashtra in  the pay scale of
Rs.51550­1230­58930­1380­63070   +   dearness   allowance   and   other
allowances as admissible under the Rules.
Eligibility criteria
1) A candidate must be  (a) a citizen of  India or  (b) a subject of
Nepal or   (c)a subject of Bhutan or (d) a Tibetan refugee who came
over   to   India   before   1st  January,   1962   with   the   intention   of
permanently settling in India or (e) a person of Indian origin, who has
migrated from Pakistan, Burma, Sri Lanka (formerly Ceylon), or East
African   countries   of   Kenya,   Uganda   and   the   United   republic   of
Tanzania   (formerly  Tanganika   and   Zanzibar)  with   the  intention   of
permanently settling in India, provided that a candidate belonging to
categories  (b),  (c),  (d) and  (e) must be a person in whose  favour a
certificate   of   eligibility   has   been   given   by   the   Government   of
Maharashtra.  Candidate if selected, will first be appointed initially on
probation for a period of two years.
2) A candidate must be ­
(a) a holder of Degree in Law
(b) practising   as   an   Advocate   in   the   High   Court   or   Courts
subordinate     thereto   for   not  less   than   seven   years   on   the   date   of
publication   of  Advertisement   and  in   computing   the   period  during
which a candidate has   been an Advocate there shall be included any
period during which he has held the post of a Public Prosecutor or
Government Advocate or Judicial Officer.  :: 2 ::
OR
Must be working or must have worked as Public Prosecutor or
Government Advocate for not less than 7 years in the post or posts on
the date of publication of advertisement.  In computing the period of
7   years,   the   period   during  which   the   candidate   has  worked   as   an
Advocate shall also be included.
Provided that a full time salaried Public Prosecutor, Assistant /
Additional Public Prosecutor, Law Officer of the Central Government
or   State   Government   or   of   any   Public   Corporation   or   Body
constituted by Statute, would not be eligible for the post of District
Judge. (Please see the note on Page No. 9)
(c) Age:­ Must have attained the age of thirty­five years and must not
have attained  the age of  forty­eight years in  the case of candidates
belonging   to   communities   recognized   as   backward   by   the
Government for the purpose of recruitment and forty­five years in the
case of others, as on the date of publication of Advertisement.
(d) Knowledge of Marathi:­ Must   be   certified   by   the
Officers/Authorities,  mentioned  under  clause   3  (ix)  below,   to   have
sufficient knowledge of Marathi to enable him to speak, read, write
and translate with facility from Marathi into English and vice­versa.
3) Candidates   should   not   send   any   certificates   at   the   stage   of
submitting application for the post.  A candidate, who is likely to be
called for viva­voce, must submit to the Registrar General of the High
Court, within 8 days from the date of receipt of the letter to that effect,
attested  copies  of certificates  or  the  originals,   as   the  case  may  be,
showing:­
i) his/her age as on the date of publication of Advertisement. e.g.
Secondary School Certificate, School Leaving Certificate etc.: : 3 : :
ii) his/her standing as Practitioner in Court (original).
iii)  that he/she is of good moral character from two respectable
persons (original).
iv)  that   he/she   is   certified   to   have   sufficient   knowledge   of
Marathi to enable him/her to speak, read, write and translate into
English and vice versa (original).
v)  the  copy   of   the  Mark   Sheet   and  Degree  certificate   of   LL.B.
Examination.
vi)  income   tax   returns,   if   any,   in   respect   of   the   immediate
preceding three years.
vii)  a candidate belonging to backward class must also produce
the certificate to the effect that he/she belongs to a community
recognised   as  backward   for  the  purpose   of  recruitment   to   the
service under the Government of Maharashtra.
viii) copy of Sanad issued by Bar Council.
ix)  declaration   as   to   Small   Family   as   appended   to   the
Advertisement. (original).
Certificates under clause (ii) and (iv) above may be signed in the
case of the High Court by the Registrar General, High Court, Bombay
or   by   the   Registrar/Prothonotary   &   Senior   Master,   High   Court,
Original Side, Bombay or the Registrars of the High Court Benches at
Nagpur, Aurangabad or Registrar, Panaji­Goa, as the case may be and
in case of Courts other than the High Court by the Principal Judicial
Officer  in  which   the  Applicant   has   practised   and   should   state   the
period during which the candidate has actually practised.
The candidate shall produce original certificates for verification
at   the   time   of   submitting   the   attested   copies   of   the   documents
referred to above. : : 4 : :
4) Disqualification for appointment in the service:
No person shall be eligible for appointment to the service­
(a) if   he   is   compulsorily   retired,   removed   or
dismissed   from   judicial   service   or   from   service   in
Government or statutory or local authority or failed to
complete probation period in judicial service on any
post,   or   in   Government   or   statutory   or   local
authority;or
(b) if he has been convicted for an offence involving
moral   turpitude   or   he   is   or   has   been   permanently
debarred   or   disqualified   by   the   High   Court   or   the
Union Public Service Commission or any State Public
Service Commission from appearing for examinations
or selections conducted by it; or
(c) if   he   directly   or   indirectly   influences   the
recruiting   authority   by   any   means   for   his
candidature;or
(d) if he is a man, has more than one wife living and
if a woman has married a man already having another
wife; or
(e) if he has more than two children.
Explanation :­ For the purposes of this clause, where a
couple   has   only   one   child,   any   number   of   children
born   out   of   a   single   subsequent   delivery   shall   be
deemed to be one child.
Provided   that,   a   person   having   more   than   two
children   on   the   date   of   commencement   of  Maharashtra
Civil Services  (Declaration of Small Family)   Rules,   2005
i.e.     28.04.2005, shall not be disqualified for appointment
under this clause so long as the number of children he had
on the date of such commencement does not increase.: : 5 : :
Provided further that a child or more than one child
born in a single delivery within the period of one year from
the date of such a commencement shall not be taken into
consideration   for   the   purpose   of   disqualification
mentioned in this clause.
A   candidate   shall   fill   up   a   declaration   as   to   small
family appended to the advertisement.
5) For the purpose of shortlisting the candidates, the High Court, if
necessary, may hold preliminary examination comprising of multiple
choice   objective   type   questions   and   call   upon   the   candidates
obtaining the   cut off marks, as may be fixed by the High Court, to
appear for final written examination, maintaining the ratio of 1:10 of
the available vacancies to the successful candidates.  Provided that if
there   are  more   than   one   candidates   who   secure   identical   cut­off
marks as fixed by the High Court for maintaining ratio of 1 : 10, all
such   candidates   would   be   called   upon   to   appear   for   final   written
examination.  The marks secured by the candidates in the preliminary
examination will not be  taken into consideration  for  final selection
and will not be displayed or communicated to the candidates.
6) The Written Examination shall comprise of two papers carrying
100 marks each having duration of 3 hours each, on Civil Law and
Criminal Law respectively.  The medium of written examination shall
be English. The High Court would hold viva­voce carrying 50 marks of
the candidates who secure not less than 50 marks in each paper of
written  examination   and  not less   than   60% of marks  in  aggregate.
Provided   that   Scheduled  Caste   /   Scheduled  Tribe  candidates,  who
secure not less than 45 marks in each paper and not less than 50% of
marks in aggregate, shall be eligible for the viva­voce (Please see the : : 6 : :
note   on   page   No.   9).  Provided   that   the   High   Court  may   call   the
candidates for  viva­voce in the ratio of 1:3 of the available vacancies.
Provided   that  if   there   are  more   than   one   candidates   who   secure
identical marks, for maintaining the ratio of 1:3, all such candidates
would be called upon to appear for viva­voce. Provided further that
the candidate who obtains not less than 40% marks in viva­voce shall
be eligible for selection.
7) The preliminary and written examinations will be conducted at
Mumbai, Nagpur and Aurangabad.  The candidates shall specifically
mention in their application forms the examination centre where they
wish to appear for the examinations.  The choice of centre once given
cannot be allowed to be changed.
8) The candidates will have to appear for preliminary examination,
written examination and for viva­voce at their own cost and shall not
be   entitled   to  claim   traveling   allowance   or   any   expenses   from   the
High  Court.  A  candidate,  who  is found indulging in unfair practices
viz., copying or mis­conduct during the course of examination, using
electronic   gadgets,   question   papers'   tampering,   influencing   any
official concerned with the written examination or viva­voce, will be
debarred   from   appearing   for   preliminary   examination,   written
examination or viva­voce, as the case may be for that time or for any
number of  years or permanently.  The decision of the High Court as
to   the   eligibility   or   otherwise   of   a   candidate   for   admission   to   the
preliminary examination, written examination and viva­voce shall be
final.
9) A   candidate   who   could   not   successfully   pass   the   written
examination in three attempts consecutively shall be debarred from
appearing   for   further   examination  (Please   see   the   note   on   Page
No.10).: : 7 : :
10) The selected candidate will have to execute a Bond in the sum of
Rs.2,00,000/­ (Rupees Two Lakhs only) to work in the post for a period
of 3 years from the date of joining, in default the candidate himself,
his   legal   heirs,   legal   representatives,   executors   and   assignees   are
liable to pay/forfeit to the Government said amount.
11) At the time of appointment, the selected candidate will have to
give an undertaking that for a period of two years from the date on
which he ceases to be in service, will not practise in any Court over
which he had presided over or the Courts subordinate thereto.
12) The candidates shall submit  their applications  online  only in
the   prescribed   format   through   the   High   Court   website   i.e.
http://bombayhighcourt.nic.in  till  16th  December,   2013  upto   5.30
p.m.,  after which the link will be disabled.  The format of application
is available for downloading on the High Court website.
13) Before starting   filling in online  application, a candidate must
have his latest passport size photograph and signature duly scanned
in separate files in the .jpg format in such a manner that each file size
shall not exceed 40KB and shall attach the same at the appropriate
places shown in the online application form.
14) The   fees   in   the   sum   of   Rs.1,000/­   for   General   Category
candidates   and   Rs.500/­   for  Backward  Class   candidates   should   be
paid in the form of demand draft payable at par at Bombay and be
sent   by   Registered   Post   A.D.  in   favour   of   “Assistant   Registrar,   for
Registrar  General,  High  Court,  Appellate  Side,  Bombay”,  so  as  to
reach the office of the Registrar General, High Court, Fort, Mumbai –
400032 on or before 26th December, 2013.  Fees shall not be refunded
in any case. The Name and Registration I.D. Number of the candidate
as appearing on the acknowledgment slip, after submitting the : : 8  : :
application   online,   should   invariably   be   mentioned   overleaf   the
Demand   Draft   so   as   to   enable   the   office   to   attach   it   with   the
respective application.   The candidate shall also annex copy of  the
Acknowledgment slip with  the Demand Draft.   The candidate shall
further   submit   a  printout   of  his   online   application.  The  candidate
shall   also   prepare   a   Annexure   duly   typewritten,   containing   the
information   regarding Clause No.  28 of  the online application  and
submit the same alongwith printout of online application.
15)  The   applications   containing   incomplete/incorrect   information
will be rejected.  Should any of the particulars furnished be found to
be false to the knowledge of the candidate, he/she will not be allowed
to participate in the selection process and if appointed, will be liable
to be dismissed.  The willful suppression of any material fact will be
similarly treated.
16)  The  eligibility of  the  candidate,  who is likely   to  be called   for
viva­voce  in   view   of  the   marks   obtained  by   him  in   the  written
examination, shall be finally decided after scrutiny of the documents
produced by him within 8 days on receiving the letter to that effect
from the High Court.  It is only when he is found eligible on scrutiny
of the documents, he will be called to appear for viva­voce.
17) If   the   candidate   failed   to   produce   the   attested   copies   of
certificates and / or the originals, as the case may be, as required in
clause 3 above, within 8 days from the date of receipt of the letter to
that effect, he will not be called for viva­voce.
18) The selection  will be made strictly on merit on the basis of the
marks secured by the candidates in the written examination and viva­
voce.  : : 9  : :
19)  The prescribed format of application is available on the website
of the High Court i.e. http://bombayhighcourt.nic.in.
20) Success in the examinations and resultant selection shall confer
no right of appointment to the candidate and unless the Government
in consultation with the High Court, is satisfied after such enquiry as
may  be   considered   necessary,   that   the  candidate  is   suitable  in   all
respects for appointment, he would not be appointed to the post.
Note :­
I) It   is   hereby   informed   that   amendments   to   the  Maharashtra
Judicial Service Rules, 2008  (Rules of 2008) have been proposed as
follows :
1) Below mentioned proviso to Rule 5 Table 'C' Sr. No. (1)(c) has
been   proposed   to   be   deleted   (Refer   Clause   2(b)   of   the
Advertisement) :­
“Provided   that   a   full   time   salaried   Public
Prosecutor,   Assistant   /   Additional   Public   Prosecutor,
Law   Officer   of   the   Central   Government   or   State
Government   or   of   any   Public   Corporation   or   Body
constituted by Statute, shall not be eligible for the post
of District Judge.”
2)  Rule  6  (1)   (e)  and  its  first proviso  have been proposed   to be
amended as follows (Refer Clause 6 of the Advertisement) :­
“The candidate applying for being appointed
by nomination who secures not less than 50 marks
in   each   paper   shall   be   eligible   for   viva­voce
carrying 50 marks :
Provided   that   the   Scheduled   Castes   and
Scheduled   Tribes   candidates   who   secure   not   less
than 45% marks in each paper shall be eligible for
the viva­voce“ :: 10 ::
3) Below mentioned proviso to Rule 6 (2) (b) has been proposed to
be deleted (Refer Clause 9 of the Advertisement) : ­
“ A candidate who could not successfully pass the
competitive   written   examination   in   three   attempts,
consecutively,   shall   be   debarred   from   appearing   for
such examination.”
II) Candidates   who   are   full   time   salaried   Public   Prosecutor,
Assistant / Additional Public Prosecutor and candidates who could
not successfully  pass   the  competitive  written   examination  in  three
attempts,  consecutively,  may   also   apply.  However,   their   eligibility
shall be subject to the approval of the proposed amendments by the
Government.
III) If   the   proposed   amendments   are   not   approved,   the
applications   covered   by   the   proposed   amendments   shall   stand
rejected.
            Sd/­
Dated:  19th November, 2013                (C.V. Bhadang)
                   Registrar General,
                                        High Court, Bombay.DECLARATION
FORM – A
I,   Shri/Smt./Kum.   ________________________________________
son/daughter/wife   of   Shri.   ___________________________________
aged_______  years,  resident of __________________________________
do hereby declare as follows : ­
1. That I have applied for the post of _________
2. I have   _______________   (Number)  living children   as  on  today
out   of   which   No.   of   children   born   after   28th  April,   2005   is
­­­­­­­­­­­­­­­­­­­­­
3. I am aware that, if total number of living children are more than
two due to the children born after 28th April, 2006 I am liable to
be disqualified for the said post.
Place :
Date: (Signature)
RECRUITMENT FOR THE POST OF "DISTRICT JUDGE - 2013"
  1. Advertisement with declaration Form A.
  2. User guidlines for filling up online form.
  3. Blank specimen of online form.

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