ARVIND SHARMA Vs. STATE OF J AND K

JUDGEMENT

(1.) RESPONDENT -3 issued Notification No. PSC/Ex -2001 dated 4 -12 -2001 inviting applications from the eligible candidates for selection/recruitment to J&K; Civil Service (Judicial ) for the post of Munsiff. The last date prescribed for receipt of applications, was fixed as 1.2.2002 by hand and 8.2.2002 through postal service. Petitioner, who was Law Graduate and practicing advocate, claiming himself to be eligible, applied for the post of Munsiff in response to the aforesaid advertisement notice. He forwarded his application through registered post on 5.2.2002, which was received by the respondents before 8.2.2002. According to petitioner, he furnished all the requisite certificates as prescribed in the advertisement notice. Application of the petitioner came to be rejected vide communication No. 225 dated 21.5.2002 with following comments : 'Bar practice is less than three years.' It was this order, which is the subject matter of challenge in the present petition. Petitioner has further sought direction to allow him to appear in KCS(Judicial) Examination commencing with effect from 3.6.2002 and for release of Roll No. slip etc.

(2.) ON being put to notice, Public Service Commission i.e. respondents 2 to 4,ftled its objections. When the matter was taken up for consideration, learned Advocate General appearing for State -respondent, who moved a separate application for vacation of interim direction, stated at the bar that State - respondent does not want to file separate reply in the matter, as it is Public Service Commission who has to deal with the issue. Accordingly, the reply filed by Public Service Commission, was adopted. Petition was heard with the consent of the learned counsel for parties after admission.

(3.) I have heard learned counsel for parties and perused the record. Petitioner after acquiring the degree in law, was registered as trainee advocate, in view of the circular of Bar Council of India on 4.2.1999. Subsequently, when rule for one year training was dispensed with, a fresh circular dated 20.3.1999 issued and all those registered trainees were deemed to have been enrolled as advocates w.e.f. the date of commencement of their training on being enrolled by the concerned Bar Council. Based upon aforesaid circular, petitioner notified to be admitted as advocate w.e.f. 4.2.1999 i.e. from the date of registration as trainee advocate vide notification No. 354 dated 8.3.2002. He started practice at the bar. He approached Principal District and Sessions Judge, Jammu for issue of experience certificate in accordance with guidelines issued by the High Court for the purpose and experience certificate dated 5.2.2002 was issued in his favour, which reads as under: