S BUVANESWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both parties, the writ petition is taken up for final disposal.

(2.) PETITIONER, who is a third year Law Student of Tirunelveli Government Law College, has filed this writ petition challenging the notification issued by the TNPSC dated 10.5.2008 fixing the cut-off date for having the required qualification as on '10.5.2008' for the post of Civil Judge (Junior Division) and for consequential direction.

(3.) THE learned counsel for the respondents on instructions submitted that the petitioner has only completed the course and has not even written the final year examinations on the date fixed by the third respondent i.e, 10.5.2008. THE Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007, issued in G.O.Ms.No.79, Home Department, dated 19.1.2007, which prescribes the qualification for Civil Judges (Junior Division) states that a person competing for the said post must possess a degree in Law of a University in India and got enrolled in Bar Council of Tamil Nadu and in case of persons enrolled in other states, they should submit proof of transfer of their enrollment to the Bar Council of Tamil Nadu and must be a Practising Advocate or Pleader in the High Court or Courts subordinate thereto for not less than three years on the date of publication of the notification or must be a Assistant Public Prosecutor having not less than three years of experience apart from age qualification or must be a fresh Law Graduate possessing a degree of Law from a recognised University, who is eligible to enroll or enrolled as an Advocate and who has secured at the final degree examination of the degree in Law not less than an average of 50% of marks in case of OC and in respect of reserved categories an average of 45% of marks. It is also stated therein that fresh law graduates are those who have obtained a degree of Law within a period of three years prior to the date of notification and must have attained the age of 22 years and must not have completed the age of 27 years as on first July of the year in which the selection for appointment is made. THE said age prescription subject to Rule 12(d)(ii), 52 and 53 of the General Rules of the Tamil Nadu State and Subordinate Services shall not apply in the recruitment of fresh Law Graduate i.e, upper age limit. THE learned counsel for the respondents further submitted that the Honourable Supreme Court in an interim order dated 21.4.2008 directed the Tamil Nadu Public Service Commission to invite applications for 201 vacancies within three weeks and the entire process of selection should be completed within six months of issue of such notification. Relying on the above rule as well as the order of the Supreme Court the learned counsel for the respondents submitted that the petitioner, who is a Law Student even as on today, cannot have any right to apply for the post of Civil Judge (Junior Division) as she is not a Law Graduate and enrolled as an Advocate.