Proposal for amendment of Karnataka Judicial Service (Recruitment) Rules 2004 reg

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨sÁUÀ – 4J 17 , 2025 ( , 26, , ೧೯೪7) . 813 Part – IVA BENGALURU, WEDNESDAY 17, DECEMBER, 2025 ( MARGASHIRA, 26, SHAKAVARSHA, 1947) No. 813 GOVERNMENT OF KARNATAKA No.LAW-LAC/126/2025 The Karnataka Government Secretariat Vidhana Soudha, Dr.B.R.Ambedkar Veedhi, Bengaluru, dated:17.12.2025

NOTIFICATION The draft of the following rules further to amend the Karnataka Judicial Service (Recruitment) Rules, 2004, which the Government of Karnataka proposes to make in exercise of powers conferred by sub-section (1) of section 3 read with

section 8 of the Karnataka State Civil Service Act, 1978 (Karnataka Act 14 of 1990) is hereby published as required by clause (a) of sub-rule (2) of section 3 of the said Act for the information of all the persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette.

Any objection or suggestion, which may be received by the State Government from any person with respect to the said draft, before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Principal Secretary to Government, Law, Justice and Human Rights Department, Vidhana Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru-560 001.

DRAFT RULES

1. Title and commencement.-(1) These rules may be called the Karnataka Judicial Service (Recruitment)(Amendment) Rules, 2025.

(1)2

(2) They shall come into force from the date of their final publication in the Official Gazette.

2. Substitution of rule 2.- In the Karnataka Judicial Service (Recruitment) Rules, 2004 (hereinafter referred to as the said rules), for rule 2, the following shall be substituted, namely:- “2. Definitions.- In these rules, unless the context requires otherwise-

(a) “Country” means India;

(b) “Government” means the Government of Karnataka;

(c) “Governor” means the Governor of Karnataka;

(d) “High Court” means the High Court of Karnataka;

(e) “High Courts” means any of the High Courts in India;

(f) “LDCE” means Limited Departmental Competitive Examination;

(g) “Officer” means an Officer of the Karnataka Judicial Service;

(h) “Official Gazette” means the Karnataka Gazette;

(i) “Recruiting Authority” means the High Court of Karnataka;

(j) “Service” means the Karnataka Judicial Service; and

(k) “State” means the State of Karnataka.”

3. Amendment of rule 4.- In rule 4 of the said rules, for the table and entries relating thereto the following table shall be substituted, namely:- “ Sl. Cadre Method of Qualifications, age No. Recruitment limit, etc.

(1) (2) (3) (4)

1. District Judge (1) By Promotion: Must have put in service for a period of not less Fifty percent of the than five years in the total posts in the cadre of Senior Civil cadre shall be filled Judge. by promotion from the cadre of Senior Civil Judge, on the basis of seniority- cum-merit and passing a suitability test to be conducted by the High Court.3

(2) By Promotion (i) Must have put in

through LDCE: service for a period of not less than three years Twenty-five percent in the cadre of Senior of the total posts in Civil Judge; and the cadre shall be filled by promotion from the cadre of (ii) Must have completed Senior Civil Judge, minimum seven years of strictly on the basis total service in the cadre of merit through the of Civil Judge and LDCE. Senior Civil Judge; and Note-1: If any of the (iii) Must have attained posts remain vacant the age of 35 years.

under this category, the same shall be filled through regular promotion under item (1) in that particular year.

Note-2: Filling up of the vacant posts in the ratio considered for LDCE shall be carried out from the simultaneous selection process carried out for regular promotion of the same year.

(3) By Direct (i) Must be holder of a

Recruitment: degree in law granted by auniversity Twenty-five percent established by law in of the total posts in India. the cadre shall be filled by direct (ii) As on the last date recruitment on the fixed for receipt of basis of the aggregate applications – marks obtained in a competitive (a) must be practicing as examination (written an advocate in the and Viva-voce) Supreme Court of India conducted by the or High Courts or High Court. District and Trial Courts in the Country and must have so practiced4 continuously for a period of not less than seven years; or must be working as a Public Prosecutor/Assistant Public Prosecutor/Government Counsel in full time employment of the Central Government or State Governmentsof the Country and must have so worked for a period of not less than seven years.

(b) must have attained the age of 35 years; and must not have attained the age of 48 years in the case of candidates belonging to Scheduled Castes or Scheduled Tribes and 45 years in the case of others.

Note: The maximum age limit is relaxed by three years in the case of Ex-servicemen candidates.

2. Senior Civil (1) By Promotion: Must have put in Judge servicefor a period of not Ninety percent of the less than five years in total posts in the the cadre of Civil Judge. cadre shall be filled by promotion from the cadre of Civil Judge, on the basis of seniority-cum-merit and passing a suitability test to be conducted by the High Court.

(2) By Promotion Must have put in service

through LDCE: for a period of not less than three years in the Ten percent of the cadre of Civil Judge, total posts in the5 cadre shall be filled excluding the period of by promotion from one year training the cadre of Civil undergone.

Judge, strictly on the basis of merit through the LDCE.

Note-1:If any of the posts remain vacant under this category, the same shall be filled through regular promotion under item (1) in that particular year.

Note-2: Filling up of the vacant posts in the ratio considered for LDCE shall be carried out from the simultaneous selection process carried out for regular promotion of the same year.

3. Civil Judge By direct recruitment (i) Must be holder of a on the basis of degree in law granted aggregate marks by a university obtained in a established by law in competitive India. examination (written and Viva-voce) (ii) As on the last date conducted by High fixed for receipt of Court. application,-

(a) must be practicing as an advocate in the Supreme Court of India or High Courts or District and Trial Courts in the Country and must have so practiced continuously for a period of not less than three years; or must be working as a Public Prosecutor/Assistant Public6 Prosecutor/Government Counsel in full time employment of the Central Government or State Governments of the Country and must have so worked for a period of not less than three years.

(b) must not have completed 40 years of age in the case of candidates belonging to any of the Scheduled Castes or Scheduled Tribes or Category-I of the Backward Classes;

38 years of age in the case of candidates belonging to any of the Category-II(a) or II(b) or Ill(a) or III(b) of Other Backward Classes; and 35 years of age in the case of any other candidates.

Note:The maximum age limit is relaxed by 3 years in the case of Ex- servicemen candidates.

4. Insertion of new rules 4-A, 4-B, 4-C and 4-D.- In the said rules, after rule 4 the following rules shall be inserted, namely:- “4-A. Procedure for promotion to the cadre of District Judge on the basis of seniority-cum- merit (50% category).-

(1) Zone of consideration shall be1:2 of the available/anticipated vacancies.

(2) The criteria to assess the merit and suitability of the Officer for promotion shall be as hereunder, consisting of maximum 125 marks:

(a) Assessment of judgments rendered by the Officer during the period of five years preceding the month during which promotion of the Officer is being considered - 70 marks;7

(b) Consideration of Annual Confidential Records of the Officer for a period of five years preceding the year during which promotion of the Officer is being considered - 15 marks;

(c) Consideration of percentage of disposal of cases by the Officer, against the quota fixed, for a period of five years preceding the year during which promotion of the Officer is being considered-15 marks;

(d) Viva-voce – 25 marks.

The Officer shall be tested on the following aspects, namely:-

(i) Updated knowledge of Law;

(ii) General perceptions and awareness; and

(iii) Communication skills.

(3) Where the concerned Officer has been working or worked on a post in which he does not have to write judgments, such as a deputation post in the High Court or any other Authority or Forum or Government etc., the judgments rendered and percentage of disposal of cases, prior to such postings shall be considered.

(4) An Officer shall secure minimum 50% of the aggregate marks prescribed under clause 2(a) to 2(c) above to be eligible for Viva-voce and shall secure minimum 25% of the marks prescribed for Viva-voce, to be successful in Viva-voce.

(5) The Officers who have secured minimum 50% of the aggregate marks prescribed under clause 2(a) to 2(c) above and minimum 25% of the marks prescribed for Viva-voce, shall be eligible to be considered for promotion, in the

order of seniority.

(6) Notwithstanding anything contained in rule 4-A, the High Court, upon consideration of any of the remarks recorded in the Annual Confidential Records and percentage of disposal of cases against the quota fixed during the past five years; and the nature and gravity of the complaint/s and/or Disciplinary Inquiry/ies, if any, pending or contemplated, in respect of the Officer who is successful in the aforesaid assessment and Viva-voce, if arrives at the opinion that the Officer does not deserve or is not eligible for promotion, the High Court for the reasons to be recorded in writing, may take suitable decision in this regard.

4-B. Procedure for promotion to the cadre of District Judge, strictly on the basis of merit through LDCE (25% category).-

(1) The criteria to assess the merit and suitability of the Officer for promotion shall be as hereunder, consisting of maximum 125 marks:

(a) Written examination shall be of one paper of 3 hours duration carrying 100 marks consisting of following 2 parts, with maximum 50 marks for each of the parts,-

(i) Constitutional and Civil Laws; and

(ii) Criminal Laws

(b) Viva-voce – 25 marks The Officer shall be tested on the following aspects, namely:-8

(i) Updated knowledge of Law;

(ii) General perceptions and awareness; and

(iii) Communication skills.

(2) Minimum marks to be secured for pass in the written examination shall be 50.

(3) From among the Officers who are successful in the written examination, as far as may be, such number of Officers as is equal to three times the number of vacancies notified, selected in the order of merit, shall be called for Viva-voce. An Officer shall secure minimum 25% of the marks prescribed for Viva-voce, to be successful in Viva-voce.

(4) A list of Officers who are eligible for promotion shall be prepared consisting such number of Officers, as far as may be, as is equal to the number of vacancies notified, in the order of merit, on the basis of the aggregate of marks secured in the written examination and the Viva-voce.

(5) The maximum number of attempts to appear in LDCE shall be 3 (three).

(6) Notwithstanding anything contained in rule 4-B, the High Court, upon consideration of any of the remarks recorded in the Annual Confidential Records and percentage of disposal of cases against the quota fixed during the past three years; and the nature and gravity of the complaint/s and/or Disciplinary Inquiry/ies, if any, pending or contemplated, in respect of the Officer who is successful in the written examination and Viva-voce, if arrives at the opinion that the Officer does not deserve or is not eligible for promotion, the High Court for the reasons to be recorded in writing, may take suitable decision in this regard.

4-C. Procedure for promotion to the cadre of Senior Civil Judge on the basis of seniority-cum-merit (90% category).-

(1) Zone of consideration shall be 1:2 of the available/anticipated vacancies.

(2) The criteria to assess the merit and suitability of the Officer for promotion shall be as hereunder, consisting of maximum 125 marks:

(a) Assessment of judgments rendered by the Officer during the period of five years preceding the month during which promotion of the Officer is being considered - 90 marks;

(b) Consideration of Annual Confidential Records of the Officer for a period of five years preceding the year during which promotion of the Officer is being considered - 20 marks;

(c) Consideration of percentage of disposal of cases by the Officer, against the quota fixed, for a period of five years preceding the year during which promotion of the Officer is being considered -15 marks.

(3) Where the concerned Officer has been working or worked on a post in which he does not have to write judgments, such as a deputation post in the High Court or any other Authority or Forum or Government etc., the judgments rendered and percentage of disposal of cases, prior to such postings shall be considered.9

(4) The Officers who have secured minimum 50% of the aggregate marks prescribed under clause 2(a) to 2(c) above shall be eligible to be considered for promotion, in the order of seniority.

(5) Notwithstanding anything contained in rule 4-C, the High Court, upon consideration of any of the remarks recorded in the Annual Confidential Records and percentage of disposal of cases against the quota fixed during the past five years; and the nature and gravity of the complaint/s and/or Disciplinary Inquiry/ies, if any, pending or contemplated, in respect of the Officer who is successful in the aforesaid assessment, if arrives at the opinion that the Officer does not deserve or is not eligible for promotion, the High Court for the reasons to be recorded in writing, may take suitable decision in this regard.

4-D.Procedure for promotion to the cadre of Senior Civil Judge by promotion, strictly on the basis of merit through LDCE (10% category).-

(1) The criteria to assess the merit and suitability of the Officer for promotion shall be as hereunder, consisting of maximum 125 marks:

(a) Written examination shall be of one paper of 3 hours duration carrying 100 marks on the following subjects, namely:-

(i) Constitutional & Civil Laws.

(ii) Criminal Laws.

(iii) The Indian Evidence Act, 1872 and Bharathiya Sakshya Adhiniyam, 2023.

(iv) Special Laws.

(b) Viva-voce - 25 marks The Officer shall be tested on the following aspects, namely:-

(i) Updated knowledge of Law;

(ii) General perceptions and awareness; and

(iii) Communication skills.

(2) Minimum marks to be secured for pass in the written examination shall be

50.

(3) From among the Officers who are successful in the written examination, as far as may be, such number of Officers as is equal to three times the number of vacancies notified, selected in the order of merit, shall be called for Viva-voce. An Officer shallsecure minimum 25% of the marks prescribed for Viva-voce, to be successful in Viva-voce.

(4) A list of Officers who are eligible for promotion shall be prepared consisting such number of Officers, as far as may be, as is equal to the number of vacancies notified, in the order of merit, on the basis of the aggregate of marks secured in the written examination and the Viva-voce.10

(5) The maximum number of attempts to appear in LDCE shall be 3 (three).

(6) Notwithstanding anything contained in rule 4-D, the High Court, upon consideration of any of the remarks recorded in the Annual Confidential Records and percentage of disposal of cases against the quota fixed during the past three years; and the nature and gravity of the complaint/s and/or Disciplinary Inquiry/ies, if any, pending or contemplated, in respect of the Officer who is successful in the written examination and Viva-voce, if arrives at the opinion that the Officer does not deserve or is not eligible for promotion, the High Court for the reasons to be recorded in writing, may take suitable decision in this regard.”

5. Amendment of rule 5.- In rule 5 of the said rules,-

(i) for sub-rule I, the following heading shall be inserted, namely:- “Procedure for Direct Recruitment of District Judges”

(ii) in sub-rule I,-

(a) for clause (1), the following shall be substituted, namely:- “(1) Minimum marks for pass in the Preliminary Examination shall be 50 for candidates belonging to Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability category and 60 for others.”

(b) for clause (2), the following shall be substituted, namely:- “(2) The minimum marks for pass in each paper of the written examination carrying 150 marks, shall be 50 marks in each paper for candidates belonging to the Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability category and 60 marks for others. However, total marks to be secured for pass in the written examination shall be 120 marks out of 300 for the candidates belonging to Scheduled Castes/Scheduled Tribes/Persons with Benchmark Disability category and 150 marks out of 300 for others.”

(c) for clause (4), the following shall be substituted, namely:- “(4) Candidates belonging to Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability category who obtains minimum of 20% marks and candidates not belonging to a Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability category, who obtains minimum of 25% marks in the Viva-voce shall be eligible to be considered for selection to the posts.

A candidate belonging to the Scheduled Castes/Scheduled Tribes/Persons with Benchmark Disability category has to secure the following minimum marks in the Preliminary Examination, Main Written Examination and Viva-voce in order to be considered for selection under General Category, namely:-11 Preliminary 60 Marks Examination Main Written 60 marks in each paper. However, Examination total marks to be secured in the written examination shall be 150 out of 300.

Viva-voce 25% of marks ”

(iii) for sub-rule II, the following heading shall be inserted, namely:- “Procedure for Direct Recruitment of Civil Judges”

(iv) in sub-rule II,in clause (1), in sub-clause (e),-

(a) for item (i), the following shall be substituted, namely:- “(i) Minimum marks for pass in the Preliminary Examination shall be 50 for candidates belonging to Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability Category and 60 for others.”

(b) for items (ii) and (iii), the following shall be substituted, namely:- “(ii) Minimum marks for pass in each paper of the Written Examination shall be 40 for candidates belonging to Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability category and 50 for others.

(iii) Minimum marks for pass in the Viva-voce shall be 20% of marks for candidates belonging to Scheduled Castes or Scheduled Tribes or Persons with Benchmark Disability category and 25% of marks for others:

Provided that, no candidate who has secured less than the minimum

marks specified above:

(i) in any paper of the Written Examination shall be eligible for Viva-voce.

(ii) in any paper of the Written Examination or in Viva-voce shall be eligible for appointment as Civil Judge.

A candidate belonging to the Scheduled Castes/Scheduled Tribes/ Persons with Benchmark Disability category has to secure the following minimum marks in the Preliminary Examination, Main Written Examination and Viva-voce in order to be considered for selection under General Category:12 Preliminary 60 marks Examination Main Written 50 marks in Examination each paper Viva-voce 25% of marks ”

(v) in sub-rule II, after clause (5), the following shall be inserted, namely:- “(6) The candidates who are appointed to the post of Civil Judge pursuant to their selection through direct recruitment must compulsorily undergo training for a period of not less than 1 year, before presiding the Court.”

6. Insertion of new rule.-In the said rules,after rule 5, the following ruleshall be inserted, namely:- “5-A.Practicing Certificate for Direct Recruitment.-

(1) District Judges.-

(i) Must furnish a Certificate stating that the candidate is a practicing advocate as on the date of issue of such certificate and indicating the length of continuous

practice:

(a) issued by the Presiding Officer of the Court in which the candidate is actually practicing, if he is practicing before the District and Trial Courts in the Country;

(b) issued by the Registrar (Judicial)/Additional Registrar General of the High Courts, if the candidate is practicing before the High Courts;

(c) issued by an Officer of the Supreme Court of India designated for this purpose, if the candidate is practicing before the Supreme Court of India.

(ii) While computing the period of practice,-

(a) in case of a candidate who is practicing advocate, the period, if any, during which he has held the post of Public Prosecutor/Assistant Public Prosecutor/Government Counsel in full time employment of the Central Government or State Governments of the Country, immediately preceding the period of practice as an advocate, shall be considered; and

(b) in case of a candidate who is working as a Public Prosecutor/Assistant Public Prosecutor/Government Counsel in full time employment of the Central Government or State Governments of the Country, the period of practice as an advocate, if any, by him, immediately preceding such appointment, shall be considered. Such candidate shall furnish the13 certificate of practice obtained from the Court where he was practicing immediately preceding his appointment.

(2) Civil Judges.-

(i) Must furnish a Certificate stating that the candidate is a practicing advocate as on the date of issue ofsuch certificate and indicating the length of

continuous practice:

(a) issued either by the Principal Judicial Officer of the Court in which the candidate is actually practicing or by an advocate of that Court having a minimum standing of ten years duly endorsed by the Principal Judicial Officer of such District or a Principal Judicial Officer at such a station, if he is practicing before the District and Trial Courts in the Country;

(b) issued by an advocate who has a minimum standing of ten years, duly endorsed by an Officer designated by Supreme Court of India/High Courts for this purpose, if the candidate is practicing before the Supreme Court of India/High Courts, as the case may be.

(ii) While computing the period of practice,-

(a) in case of a candidate who is practicing advocate, the period, if any, during which he has held the post of Public Prosecutor/Assistant Public Prosecutor/Government Counsel in full time employment of the Central Government or State Governments of the Country, immediately preceding the period of practice as an advocate, shall be considered;

(b) in case of a candidate who is working as a Public Prosecutor/Assistant PublicProsecutor/ Government Counsel in full time employment of the Central Government or State Governments of the Country, the period of practice as an advocate, if any, by him, immediately preceding such appointment, shall be considered. Such candidate shall furnish the certificate of practice obtained from the Court where he was practicing immediately preceding his appointment;

(c) the date of provisional enrollment/registration of the candidate with the concerned State Bar Council shall be considered; and

(d) the period, if any, worked by the candidate as Law Clerk/Research Assistant with any of the Judges or Judicial Officers in the Country, shall be considered.”

7. Insertion of new rules 11-A and 11-B.- After rule 11 of said rules, the following new rules shall be inserted, namely:-R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 14 “11-A. Norms.- In addition to these rules, the High Court may frame the norms or guidelines with regard to the different aspects of the suitability test to assess the merit of the Officer for promotion.

11-B. Interpretation.- If any question arises relating to the interpretation of these rules, the decision of the High Court shall be final.” By order and in the name of Governor of Karnataka

(Lalitha) Additional Secretary to Government (Admin-1), Law, Justice and Human Rights Department ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು