RAVI SHANKAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) These writ petitions have been filed, inter alia, for issuance of appropriate writ -

(2.) Rule 5 of the Jharkhand Judicial Service (Recruitment) Rules 2004, which stipulates eligibility criteria for appointment of Civil Judge, Junior Division (Munsif), inter alia, provides that the candidate should be a Graduate in law from a recognized University and enrolled as an Advocate under the Advocates Act, 1961. An advertisement No.4/2013 was published on 6.1.2014 by the 3rd respondent for appointment on the post of Civil Judge (Junior Division) and clause 2(A)(a) thereof stipulates that a Law Graduate from a recognized University and enrolled as an advocate under the Advocates Act, 1961 is entitled to participate in the examination. The petitioners, who are working as Assistants in the Jharkhand High Court and who have obtained law degree after entering service as Assistants have challenged the vires of Rule 5(b).

(3.) In the case of All India Judges Association And Ors. v. Union of India And Ors., 1993 4 SCC 288], Hon'ble Supreme Court expressed the view that Judicial service is not service in the sense of employment and that they exercise sovereign judicial power of State deciding questions of life, liberty, property and reputation of the litigants and the Judicial Officers must be familiar with the working of the courts system and the administration of justice and in para (20) held as follows:-