STATE OF MYSORE KRISHNA KRISHNA AVADHANI Vs. I K N CHANDRASEKHARA K V JAYARAMA N S ASAWASTHANARAYANA RAO M R NARASIMHAMURTY M N SHESHAGIRI M S SUBARAVAPPAV K KULKARNIR U GAULAYIN C MUMTAZ AHMAD KHAN S S JAMBOTI T R WALVEKAMOHD

JUDGEMENT

(1.) The appellants in the two groups of appeals are the State of Mysore and the Mysore Public Service Commission. In the first group of appeals (C.As. Nos. 960 to 968 of 1963) the appellants challenge the order of the High Court of Mysore dated September 4, 1961, quashing a notification dated May 22, 1961, issued by the Public Service Commission announcing the list of candidates declared successful at the competitive examination held in 1961 for recruitment to the cadre of Munsiffs in the Judicial Service of the State. Appeals in the second group (C.As. Nos. 533 to 538 of 1963) are preferred against the order of the High Court dated December 19, 1962 quashing the list of successful candidates at the examination held for recruitment to the cadre of Munsiffs in the State of Mysore published on July 12, 1962 by the Public Service Commission.

(2.) By Writ Petitions Nos. 61, 62 and 152 of 1963 certain persons who were candidates for promotion to the cadre of Munsiffs prayed for orders quashing the list of successful candidates declared under Rule 9(2) of the Mysore State (Recruitment) Rules, 1958, and for direction appointing the applicants as Munsiffs.

(3.) Recruitment to the cadre of Munsiffs in the Mysore State Judicial Service is regulated by the Mysore Munsiffs (Recruitment) Rules, 1958 (for the sake of brevity hereinafter called "the recruitment rules") framed by the Governor of Mysore in exercise of powers conferred by Art. 234 and the proviso to Art. 309 of the Constitution of India. By cl. (1) of R. 3 of the recruitment rules, two methods of recruitment to the cadre are prescribed - by competitive examination and by promotion of persons in service in the High Court and the Courts subordinate to the High Court. Clause (2) of Rule 3 provides that out of every six vacancies, five shall be filled by candidates selected in a competitive examination and the sixth by a candidate selected for promotion. Rule 5 sets out the conditions of eligibility for appointment. The candidate must have reached the prescribed age and must hold a degree in law of any University established by law in India, or possess a qualification recognised as equivalent by the Government. By an amendment made on August 3, 1960, it is provided that the applicant must have practised in Civil or Criminal Courts in India for a period of not less than four years immediately before the last date fixed for submission of the application or must be a stationary Sub-Magistrate, or Magistrate of the First Class, or a Police Prosecutor or Assistant Prosecutor in any of the Criminal Courts in the State, or a ministerial employee of the High Court or of any Court subordinate to the High Court or in the Law Department of the Mysore Government Secretariat the total period of service and the period of practice, if any, together being not less than four years immediately before the last date fixed for submission of the application. A shorter qualifying period is prescribed in respect of candidates belonging to the scheduled castes and scheduled tribes. R. 6(l) provides that the competitive examination shall be conducted by the Public Service Commission and shall consist of a written examination to test the candidates' knowledge of law and languages and a viva voce test. The syllabus for the competitive examination is to be as specified in the schedule to the Rules, and the eligibility of a candidate for appointment as a Munsiff is to be determined by the commission on the basis of the aggregate marks obtained in the written examination and the viva voce test. Clause (4) of R. 6 provides that in the viva voce test the Secretary to Government, Law Department, of any other officer nominated by the Government, shall be associated with the Commission. Rule 9 Sets out the procedure for selection by promotion. By cl.(1) it is prescribed that the candidates for promotion as Munsiffs shall be Selected on grounds of merit and suitability in all respects, from among the candidates possessing the prescribed qualifications. Clause (2) provides that the Public Service Commission shall call for applications from candidates possessing the prescribed qualifications for promotion, and after interviewing such of the candidates, as it deems fit, a list of the candidates suitable for appointment by promotion shall be prepared and arranged in the order of seniority of the candidates in service. Rule 12 provides that a list of candidates declared successful at the competitive examination shall be published in the Mysore Gazette in order of merit and appointments shall be made in the order in which their names appear in the list. The candidates selected for promotion are to be so interposed in the common list of eligibility that out of every six vacancies to be filled, five will be filled by candidates selected at the competitive examination and the sixth by the candidate selected for promotion. For the competitive examination, according to the schedule to the Rules, a candidate "has to appear" for the paper in Languages, two papers in Law and a viva voce test directed to ascertain the candidate's general knowledge and grasp of principles of law.