65% of posts will be filled by promotion from Civil Judges (Senior Division) with at least 10 years of service based on merit-cum-seniority.
The amendment revises the percentages for recruitment to the posts in the cadre of District Judge at the entry level.
10% of posts will be filled by promotion based on merit through a limited competitive examination for Civil Judges with 7 years of qualifying service [5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division)] or 10 years qualifying service as Civil Judge (Junior Division).
25% of the posts will be filled by direct recruitment based on a written and viva voce test conducted by the High Court, as per rule 7C.
The notification clarifies that any period served as Civil Judge (Senior Division) will be counted towards the 10 years of qualifying service as Civil Judge (Junior Division) for eligibility under the limited competitive examination route.
It also specifies that vacancies in the 10% category (limited competitive examination) will be filled by promotion from Civil Judges (Senior Division) based on merit-cum-seniority if eligible candidates are unavailable or fail to qualify the examination.
What it means
The gazette notification announces the Delhi Higher Judicial Service (Amendment) Rules, 2023. These rules amend the Delhi Higher Judicial Service Rules, 1970, specifically regarding the recruitment process for District Judge positions at the entry level.
Impact Analysis
Civil Judges (Senior Division)
Action Item: Civil Judges (Senior Division) should assess their eligibility based on the revised rules and prepare for potential promotion opportunities or the limited competitive examination.
Civil Judges (Junior Division)
Action Item: Civil Judges (Junior Division) should track their service years to determine eligibility for the limited competitive examination route after elevation to Senior Division.
Delhi High Court
Action Item: The Delhi High Court should prepare for conducting the recruitment process as per the amended rules.
Government of NCT of Delhi
Action Item: The Department of Law, Justice and Legislative Affairs should update recruitment procedures and guidelines to reflect the amended rules.
Aspiring Direct Recruits
Action Item: Interested candidates should prepare for the written and viva voce tests conducted by the High Court and ensure they meet the eligibility criteria as per rule 7C.
Key Entities Referenced
Delhi Higher Judicial Service Rules, 1970: The principal rules governing the recruitment and service conditions of the Delhi Higher Judicial Service. These rules are amended by the current notification.
Delhi Higher Judicial Service (Amendment) Rules, 2023: The rules introduced by this gazette notification, which amend the Delhi Higher Judicial Service Rules, 1970, specifically concerning the recruitment process for District Judge positions.
Article 309 of the Constitution of India: Article that empowers the President or Governor of a state to make rules regulating the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State.
Government of India, Ministry of Home Affairs Notification No.F.1/2/70/DH(S), dated the 29th May, 1970: Original notification related to the Delhi Higher Judicial Service Rules.
Notification No.F.1/2/70-DH(S), dated the 25th July, 1970: Amendment to the original notification related to the Delhi Higher Judicial Service Rules.
High Court of Delhi: The High Court of Delhi is consulted in making the rules and is responsible for conducting the written and viva voce tests for direct recruitment.
Lieutenant Governor of National Capital Territory of Delhi: The authority that approves and issues the notification, exercising powers conferred by Article 309 of the Constitution.