C V CHITRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS are all employees of the High Court of Karnataka. They are the applicants for the post of Civil Judge (Junior Division ). Petitioners have presented this writ petition challenging the communication dated 1-3-2007 issued to them individually rejecting their applications on the ground that they were not eligible to apply for the post as per the Karnataka Judicial Services (Recruitment) Rules, 2004 (hereinafter referred to as 'the Recruitment Rules, 2004')and the Notification dated 1-4-2006 calling for applications, according to which enrollment as Advocate is an essential qualification. The applicants have also challenged the validity of the Recruitment Rules, 2004, in so far as they require that enrollment as Advocate is an essential qualification for recruitment to the post of Civil Judge (Junior Division ). They have further sought for either quashing the Notification advertising the posts and calling for applications or a direction to the respondents to consider their applications without insisting on the requirement of enrollment as advocate.

(2.) WHILE admitting the writ petition, an interim order was passed on 30-5-2007 permitting the petitioners to appear in the written examination subject to further orders to be passed in the case. It was also made clear that the petitioners will not be entitled to plead equity for having appeared in the written examination. Though initially eleven persons joined together to file this writ petition, as petitioners 3 to 9 and 11 did not pass the written examination, the writ petition survives only in respect of petitioners 1, 2 and 10, who have passed the written examination.

(3.) THE facts relevant for the purpose of appreciating the questions raised in this writ petition, stated in nutshell, are that the recruitment to the post of Civil Judge (Jr. Dn.) earlier known as Munsiffs was previously regulated by the Karnataka Judicial Services (Recruitment) Rules, 1983. The minimum qualification as stipulated in 1983 Rules was that the applicant must be holder of a degree in law or equivalent qualification and must on the last date fixed for submission of application be : (a) practising as an Advocate and must have so practised for not less than four years as on such date; or (b) working as a senior Assistant Public Prosecutor or as an assistant Public Prosecutor in the Department of Prosecutions and must have so worked for not less than four years as on such date.