ASWATHIAH Vs. MYSORE PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner joined service in July 1965 as Judgment Writer in this High Court. While in service he obtained the B. Com. Degree. He joined a Law College in the year 1969 and having passed the Second year Law, he was awarded the Degree of Bachelor of General Law (B. G. L.) by the Bangalore University in the year 1971. In August 1971 he was selected to the post of a Court Officer. He is holding that post at present. The Mysore Public Service Commission (Respondent) invited applications for admission to the Examination for Recruitment to the Cadre of Munsiffs in the Mysore Judicial Service by its Notification dated 26th May, 1972, published in the Mysore Gazette dated 1st June 1972. The petitioner having applied, he was admitted to the competitive examination to be held on 25th and 26th July 1972. He was informed that the admission, however, should be deemed to be provisional and subject to receipt of clarification from the High Court as to whether B.G.L. Degree holders are eligible for Munsiff's post. On 18-7-1972, before the commencement of the examination, the petitioner was issued an endorsement by the respondent cancelling his candidature. It reads thus: "In continuation of this Office Admission Certificate issued to you Vide Reg. NO. 75 for the Competitive Examination for selection to the posts of Munsiffs fixed on 25th and 26th July 1972, you are hereby informed that the Commission have resolved not to admit candidates with two years Law Course (New) to the said Examination. Your candidature is therefore stands cancelled."

(2.) Aggrieved by the said action of the respondent, the petitioner preferred the above writ petition on 20th July 1972 seeking a direction to the respondent to permit him to sit for the examination and also appear for the viva voce to be conducted thereafter. The writ petition was admitted on the very next day and an interim direction was issued to the respondent to permit the petitioner to sit for the written examination. The petitioner appeared for the written test and the results of the test are awaited.

(3.) The sole question that arises for decision in this writ petition is, whether the holder of a Degree of Bachelor of General Law is a Graduate in Law and as such, qualified to be admitted for the competitive examination for recruitment to the Cadre of Munsiffs in the Mysore Judicial Service. The contention of the respondent was that in order to qualify a candidate must be the holder of a LL.B.Degree (Special) which is a three year course. The contention of the petitioner was that the holder of Bachelor of General Law Degree is a Graduate in Law and as such satisfies the Mysore Munsiffs' (Recruitment) Rules, 1958, hereinafter called the Rules. Rule 5 proscribes the qualifications for eligibility for appointment as Munsiff. Sub-rule (3) of Rule 5 provides that 'a candidate must be a Graduate in Law of any University established by law in India, or 'possesses a qualification recognised as equivalent by Government in consultation with the High Court and the Commission.' When the Rules were made in the year 1958, the Law Degree course in this State as well as in other States was of the duration of two years. From the commencement of the academic year 1969, the Universities in India pursuant to the recommendation made by the Bar Council of India, have provided for a three year Law Degree course. According to the new scheme, the Degree of Bachelor of General Law is given as an academic Degree on successful completion of a two years' course which covers all the important Law subjects except procedural law. A person who obtains the Degree of B.G.L. from a University is a Graduate in Law. Such a Graduate may under-go a special course for the third year and obtain a Decree which is called Bachelor of Laws (Special) . The third year course provides for teaching of procedural laws. It is relevant to state at this stage that before the introduction of the new scheme of legal studies, persons obtaining a Law Degree on successful completion of two years' course were required to undergo what is called apprenticeship or 'Reading in the chambers of a Senior Advocate' and then pass an examination in procedural Law conducted by the Bar Council before they are eligible to be enrolled as Advocates. Under the Advocates. Act, 1961 as amended, persons possessing the Degree of Bachelor of Laws (Special) after completion of the three years' course are not required to undergo any such training or pass any Bar Council Examination; they are straightaway entitled to be enrolled as Advocates.