; HIGH COURT OF MADRAS TAMIL NADU STATE, JUDICIAL SERVICE. (CADRE AND RECRUITMENT RULES), 2007 | @Amendments issued vide G.O.(Ms,) No877, Home (Courts) Department, dt.24.11.2017. | = Amendments issued vide 6.0.0) No.234, He surts2) Department, 03.04.2018‘TAMIL NADU STATE JUDICIAL SERVICE (CADRE AND RECRUITMENT) RULES, 2007 In exercise of the powers conferred by Article 233, 233-A, 234, 235 and the proviso to Amicle 309 of the Constitution of India, the Governor of Tamil Nadu in consultation with the High Court, Madras and Tamil Nadu Public Service Commission, wherever necessary, hereby makes the following Rules: 1 Short title: These rules may be called the Tamil Nadu State Judicial Service (Cadre an Recruitment) Rules, 2007. 2.Defiition: In these rules, "High Court’ means, the High Court of Judicature at Madras and the ‘Government’ means The Government of Tamil Nadu. 3.Constitution: ‘The Tamil Nadu State Judicial Service shall consist of the following categories, namely: atevory: 1. District Judge (Super time scale) 2. District Judge (Selection Grade) 3. District Judge (Entry Level) 4, Senior Civil Judge / Chief Judicial Magistrate / Chief Metropolitan Magistrate / Metropolitan Magistrate (Assured Career Progression Seale —II Stage) Civil Judge / Chief Judicial Magistate / Chief Mewopolitan Magistiate / Metropolitan Magistrate (Assured Career Progression Scale ~ I Stage) 6, Senior Civil Judge / Chief Judicial Magistrate / Chief Metropolitan Magistrate / ‘Metropolitan Magistrate, 7. Civil Judge (Assured Carcer Progression Scale - I Stage) 8. Civil Judge (Assured Career Progression Seale - Stage) 9. Civil Judge 5. Ses 4.Appointing Authority:- ‘The appointing authority forthe categories of posts shall be the authority vested with such authority under Article 233 and Article 234 of the Constitution of India Provided that the appointing authority for appointment by promotion to eategories 1 District Judge (Super time Scale) 2. District Judge (Selection Grade), 3. Senior Civil Judge / Chief Judicial Magistrate / Chief Metropolitan Magistrate / Metropolitan Magistrate shall be the High Court, Madras in agvordance with Artielo 235 of the Constitution of India Page 10f 225 Method of appointment, Qualification and In respect of ach category of posts specified in column (1) ofthe Schedule below, the method of appointment and the qualifications shall be as specified in the corresponding entries in columns 2) and (3) thereof and the respective Annexutethereof:- THE SCHEDULE SiN. Method of Appoiniment @ ‘Qualitiato ° Disinct Judge (Super time] Seale) By promotion by Selowion on the basis of Mericcum-Seniority from Category 2 viz, District udge (Selection Grade) bythe High Cour Mist fave pet iv not years of continuous District Judge (Scec provided 10% of the Ca of Disrict Judge shall to the Cae of istrict, time Seale) Tess than 3 tion Grade) adee strength be promoted Shudge (Supe Disord (Seletion rade) By_promation by Selection on the basis of Meri-cum-Seniorty from Category 3 viz, Distiet Judge (P evel) by the High Court Must have put in as Dstt Judge (Entry Provided 25% of Cade District Judge shall be the eadre of Disc, Jo Grade) 5 years of| category 3 i level. strength of promoted to ie (Selection District Judge (Entry level) {a} 65 per cent by promation from amongst the Senior Civil Judges /| Chi Judicial Magistates / Chief Metropolitan Magistrate Metropolitan Magistrates on the hasis oF principle of merit-cum seniority and suitability. The criteria to assess the merit and suitability are under the folowing cad: (a) Evaluation of Judgments rendered by he candies inthe receding Five year (0) Annual Confidential Reports inclusive of Vigilance Reports in the| Preceding five years. co) Work done during the preceding Page 2.0f 22SIN. Category o ‘Method of Appointment ® Qualiication| ® (cpPendeney of disiplinary proceedings, iFany. Provided that in the event of non- availability of Senior Civil Judges ACP Seale Stage, the claims of| suitable candidates in the cadre of| Senior Civil Judges ACP Seae-! Stage vil be considered Provided further that in the event of non-availability of candidates in the Jcadre of Senior Civil Judges ACP] Scale-1 Stage, the claims of suitable candidates available in the cadre of Senior Civil Judge wil be considered. Gi 10 per cent by promotion from Jamongst the Senior Civil Judges. Chie Judicial Magistrates. Chie [Metropolitan Magistates—/ [Metropolitan Magistrates, strictly on the basis of merit to be adjudged on the basis of Limited Compattive| examination, qualty of judgments celivered during the preceding 3 yeas, annual confidential reports. for the| preceding 5 years, leave taken during the proceding 5 years and vive-vace prescribed and conducted by the High [Court as detited below = (0) Writen Test 45 marks (Objective type test in Civil (Criminal and Constitutional Laws} (b) Quality of judgments... 30 marks (dolivred as Senior Civil Judge J CChiet Judicial Magistrate / Chet Metropolitan Magistrate / Metropolitan Magistrate, during] the preceding 3 years) Mast have completed five years of| qualifying service inthe eategory of| Senior Civil Judge / Chief Judicial Magistrate / Chief Metropolitan Magistrate / Metropolitan Magistrate inclusive of ACP Tand I Stage Page 3 of 22SIN. ‘Method of Appointent ‘Qualifies wo ® ° (c) Annual Confidential Reports fed during the preceding $ (4) quantum of leave availed during the preceding 5 years... marks (e) Vivavoce—Test. 10 marks Total. 100 marks (tne minimum qualifying marks out of 10 snarks, shall be 50 marks) Provided that, if any of the vacancy under the 10 percent quota could not be filed wp, such vacancy shall be filled up by regular promotion by the method specified in item (above G le “.Must possess a Degree in Law lof a University in India| established or incorporated by or funder a Central Act or a State Act Jor an Institution recognized by the University Grants [Commission, or any other Jequivalent qualification and got enrolled in the Bar Council of| Tamil Nadu or in the Bar Council of any other Stat +(ii.25 per cent of the posts shall be filled by direct recruitment from Jamongst the eligible advocates on the basis of the Preliminary Examination, Main Examination and Viva Voce Test prescribed aul Jeonducted by the High Court in faccondance with the procedures prescribed in Annexure-I to these Rules" 2, Must be practising on the date of Notification as an advocate and must have so practised for 1 petiad of not less than seven years as on such date. ( Annexure D) Page a of 22(Qualification [sino] Category ‘Method oF Appoiniment o @ eo 3. Must have attained the age of 35 years and must not have attained the age of 48 years in the case of SC/ST and 45 years in the case of others as ‘on 1" July ofthe year in which the natifieaion for reruitment tthe post was issued” [Senior Civil] Gradation subject to entries in Annual [Mast have completed five years of| Jiudge/Chief [Confidential Reports inclusive of continuous service in the category of| Metropolitan } Vigilance Repors if any Senior Civil Judge. [ACP Seale 1 Magistrate stag). Cher Judicial Magistrate IL Stage JACP Seale] 3 [Senior Civil] Gradation subject to entries in Annual [Must have completed five years of| Judge! Chief| Confidential Reports inclusive of [continuous service in the category of Hiudiciat | Viilance Report, if any. Senior Civil udge. Magistate Chiet Metropotitan Magistrate / Metropolitan Magistate [1 Stage ACP Seale! © | Senior Civil By promotion by section on the basis Judge / Chief] of merit-eum-seniority from among the Metropolitan Jeategory of Civil Judges by the High Magistrate /|Cour [Chiet Judicial] () Entries in the Annual Confidential IMagistate /) Reports inchuive of Vigilance Metropolitan |Report, ir ny. Magistrate. (i) Evaluation of the, Judgments i rendered by the candidate in the preceding five ‘years fii) Work done statement for preceding five years. Page of 22SINo.] Catocory (Method af Appointment ® @ @ 7 [eivitsudge [Subject to entries in the Annual] Must have completed five years of [Confidential “Reports incisive of con ervvg ae Civil dge[l fa Vigilance Reports, if any Stage ACP Seale] [ACP Seale} 8 [eivindudge [Subject to enties in the Annual] Must have completed five years of [Confidential Reports inclusive of continuous sevice as Civil Judge Vigilance Reports, if any 9 Jewtsuase fa @ (1).Must possess a Degree in Law Jol a University in India| established or incorporated by or under a Central Actor a State Act Jor an Institution recognized. by fhe University Grants JCommission, or any other| equivalent qualification and got Jenrolled in the Bar Council of| Hamil Nadu or in the Bar Council lof any other Stare 9.By direct recruitment on the basis Jof Preliminary Examination, Mai Jexamination and viva voce test conducted by the Tamil Nadu Public Service Commission in Jaccordanee with the procedures prescribed in Annexure-II to these Rules. And (2)Must be practicing as an Advocate or Pleader in any Court Jon the date of Notification for recruitment to the post and must have so practiced for a period of| not less than 3 years on such date co) Must be an Assistant Publi Prosecutor having not less than 3 years of experience as an’ [Advocate and / or Assistant Public Prosecutor (and) Page 6 of 2Category o ‘Merhod of Appointment ° ‘Qualification ° 3S years nnd mut not have attained the age of 35 years in the case of| General Category and 40 years in the ease of Reserved Categories, as on the 1" July ofthe year in which the vacancies in the posts ae notified on @) Must be a fresh Law Graduate possessing a degree in law from a Fecognized University 2s mentioned in Clause (1) above, who is eligible| to be enrolled as an Advocate and who has secured an over all pereentage of 50% marks in oquiring such a law degre in cas fof open categories and 45% marks| in respect of otber _reserved| categories. Fresh Law Graduates are those who have obtained the degre fof Law within a period of thre| years prior 10 the dae of ‘otitieation (and) Age: Must have attained the age of 22. years and must not have completa the nge of 27 years a2 on T duly of the year in which the seletion for appointment is made Explanation: Rules 12 (@) (id, 52 and $3 of tho General Rules for the Tamil Nadu State and Subordinate [Servis shall not apply for this age 7 of 22SINo.| Category Mathod of Appointment ‘Qualification o @ e (@ (insertion (1)ersons who have enrolled as} an Advocate, but donot possess| tree years practice at the Bar ould be eligible to appear in the recruitment for the post of Civil Liudge, Fresh Law Graduates, provided they satisfy the other requisite cligibility criteria, under the category of| lar: numbered as == 2) Provisions eantained in elanse Gi) fof sub-section (8) of Section 20, Section 63 and Section 64 of Tamil Nady Government Servants Condition of Service) Act, 2016: CEN. Act 14 of 2016) shall not apply to this reruitment SA. Appointment on deputation: Notwithstanding anything contained in these rules, appointment to the service may also be made by the Government, in consultation wit the High Court, Maras by deputation of a person holding analogous post in the Puducherry Judicial Service for a period not exceeding three years, or for such aterm as may be fixed by the High Cour. Provided that such person on deputation, shall draw the pay as draswn by hinwher in the scale of pay in the Union Territory of Puducherry Notwithstandins, anything contained in these rules, any member of the ‘Tamil Nadu State Judicial Service, may also be deputed to the Puducherry Judicial Service by the Government in consultation with the High Court, Madras to an analogous post, for a period of three years or for such a term as fixed by the High Couet. Provided that such person on deputation shall draw the pay as per the terms and conditions governing the deputation Poge 8 of 22sion: 6 Tisining, Test and Confirm uy Teaning:- {@) Every person appointed to the category of District Judges (Entry Level) by direct recruitment, shall undergo:- “ivi Judge for period of not less than six months: (training as {i taining. as Senior Civil Judge fora period of not less than Six months; and (ii teaining in Forensic Seience fora period of not less than two months (&) As many temporary additional posts in the cadre of District Judge as there are directly recruited District Judges undergoing training shall be created for the duration of the said training, (6) Every person appointed to the category of Civil Judge shall undergo training for a period of twelve months “The District Julyes (Entry level / Civil Judges appointed by direct recruitment, shall be pid the minimum of the time seale of pay applicable to the post of District Judge / Civil Judge during the period of training and allowed annual increment even during the period of training. they pass the Accounts Test for Executive Officers before the completion of one year of service, they shall be eligible to draw the first increment in advance from the date following the date of passing such examination, 2) Tests: Every person appointed to the categories of District Judge (Entry Level) / Civil Judge by direct reetuitment shall, within the period of probation, pass the Account test for Executive Offers, ) Confirmation: ‘An officiating District Judge (Entry level) or an officiating Civil Judge shall be confirmed by the High Court tobe a full member of the Service in the category concerned at the earliest possible opportunity in any substantive vacancy which may exist or arse in the eategary jin which he/she is officiating according to hivvher seniority in the category concerned, 2. Posting and Transfer- All postings and transfer of the members of the service, subsequent to their fist ‘ppointnent thereto, shall be made by the Tigh Court Page 9 of 28, Seniority (1) The seniority ofa person appointed tothe category of District Judge (Entry Level) shall be with reference to the date of appointment to the said Service 2) The seniority of a person appointed to the category of District Judge (Selection Grade) / District Judge (Super time Scale) shall be determined by the date of first appointment to that category. Provided that where the date of the frst appointment of two or more District Judges to the category of the District Judge (Selection Grade) / District Judge (Super time Seal) isthe same, then the inter-se seniority shall be determined by the rank assigned to them in thelist drawn by the High Cour. Provided further that the seniority of a person appoiuted to dhe category of Distict Judge by promotion from among the qualified persons belonging tothe categories 4 or 5 or 6 as the ease may be, shall be fixed by the High Court, (3) The seniority ofa person appointed to the category of Senior Civil Judge shall be determined by the eank assigned in thelist drawn by the High Court, (The seniority of @ person appointed to the category of Civil Judge shall be determined by the rank assigned to hinvher in the list drawn by the Tamil Nadu Public Service Commission 9, Application of other Rules: All rules regulating the conditions of service of the members of the State Civil Services, made from time to time under any law or the proviso to Article 309 of the Constitution of India shall subject to Articles 233, 233-A, 234 and 235 of the Constitution of India, apply to the members governed by these rules. * 10, Reservation of appointments:- Section 27 of the Tamil Nadu Government Servants (Conditions of Service) Act 2016 (Tamil Nadu Act 14 of 2016) relating to reservation of appointment and Section 34 of | the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016) shall apply for appointment to the cadres of District Judge (Entry Level) and Civil Judge, by direct recruitment Provided that four percent of vacancies shall be reserved for the following persons with "benchmark disabilities", namely ().One percent for the persons in the following, category of disabilities under the category of ‘Locomotor disability’ (as defined in the Schedule appended to the Rights of Persons with Disabilities Act, 2016) Page 10 of 22