AVINASH DETHA Vs. REGISTRAR (RECRUITMENT)

JUDGEMENT

(1.) Whether petitioner who works as Deputy Manager (Law) in the real estate department of a Bank could be treated as eligible to apply and compete for the post of Civil Judge, when the requirement is that the candidate must be working "in the courts or other allied departments" - is the moot question posed for consideration in this petition.

(2.) Rule 7 of the Gujarat State Judicial Service Rules, 2005 deals with the requirement and eligibility for selection to the cadre of Civil Judges. Sub-rule (1) says that the recruitment to the cadre of Civil Judges shall be made on the basis of the aggregate marks obtained in a competitive examination conducted by the High Court. Clause (a) of sub-rule (2) of Rule 7 provides that a candidate must possess a degree in law from the university established by law in India. Sub-clause (c) mentions about upper age limit.

(3.) The petitioner wanted to become a Civil Judge. His on-line application was not accepted on the ground that the petitioner did not fall within the purview of eligibility prescribed. The petitioner prayed for issuance of writ of mandamus to hold and declare that the petitioner was eligible for participating in the recruitment process for the appointment to the post of Civil Judge. It was prayed to permit the petitioner to fill up the application form.