K VENUGOPAL Vs. REGISTRAR GENERAL HIGH COURT

JUDGEMENT

(1.) This case relates to recruitment to the post of Civil Judge (Jr. Division) pursuant to Tamil Nadu Judicial Service (Cadre and Recruitment) Rules, 2007, (hereinafter referred to as 'rules, 2007' ). In one of the case, upper age limit of 35 years is under challenge. In the other case, the validity of rules prescribing source of recruitment is under challenge.

(2.) The condition of service of members of subordinate judiciary was decided by Supreme Court in the case of All India Judges Association - Vs - Union of India, 1992 1 SCC 119. (referred to as 'all India Judges case - 1 ). It was followed by a decision in a review petition reported in 1993 (4) SCC 288 (referred to as 'all India Judges case - 2 ). Finally, certain directions were issued by Supreme Court in the said case reported in 2002 (4) SCC 247 (referred to as 'all India Judges case - 3 ). Pursuant to Supreme Court direction in All India Judges case - 2, Government of India constituted the First National Judicial Pay Commission, known as 'shetty Commission', to determine the structure of pay and other emoluments, conditions of service of judicial officers, minimum qualifications, age of recruitment, method of recruitment, etc. Shetty Commission made recommendation and recommended the High Court to frame rules specifying age of retirement, prescribing writing of confidential report, giving common nomenclature to the Judges, equation of posts, recruitment of Civil Judge (Jr. Division) cum Magistrate (First Class), recruitment to the post of Civil Judge (Sr. Division), District Judge, minimum and maximum age limit, inter-se seniority, judicial education, training, pay scale, etc. The recommendation of the Commission was accepted by the Supreme Court in All India Judges case - 3, with certain modification and certain directions were issued, which will be discussed at the appropriate stage.

(3.) Initially, in the State of Tamil Nadu, appointments were being made pursuant to the Tamil Nadu Judicial Service (Cadre and Recruitment) Rules, 1995, (hereinafter referred to as 'rules, 1995' ). Thereunder, minimum age limit of 25 years and maximum 38 years of age limit was prescribed as on 1st July of the year of selection for appointment. After recommendation of the Shetty Commission and in view of the direction of the Supreme Court in All India Judges case - 3, the rule was substituted by the Tamil Nadu Judicial Service (Cadre and Recruitment) Rules, 2007. Therein, maximum age limit was brought down from 38 to 35 years and no provision was made for exemption of higher age limit.