State of Bihar - Act
The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955
BIHAR
India
India
The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955
Rule THE-BIHAR-CIVIL-SERVICE-JUDICIAL-BRANCH-RECRUITMENT-RULES-1955 of 1955
- Published on 22 August 1955
- Commenced on 22 August 1955
- [This is the version of this document from 22 August 1955.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – General
1. (a) Short title and commencement.
- These rules may be called the Bihar Civil Service (Judicial Branch Recruitment) Rules, 1955 and shall take effect from the date of this notification.2.
3.
The Governor shall decide in each year the number of vacancies in the posts of [Civil Judge (Junior Division)] [Substituted for the word 'Subordinate Judges' Civil Judge (Senior Division) and for 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.] to be filled in that year in accordance with the rules in Part II or in accordance with the rules in Part III, or both.Part II – Direct Recruitment
4.
The Commission shall announce in each year in such manner as they think fit, the number of vacancies to be filled in that year by direct recruitment on the results of a competitive examination and shall invite applications from candidates eligible for appointment under these rules. The competitive examination will be conducted by the Commission and will normally be held between the months of November and February.5.
The Commission may fix a limit in any particular year as to the number of eligible candidates to be admitted to the examination and, if the number of candidates exceeds the limit fixed, the Commission may make a preliminary election of candidates to be admitted to the written examination, on the basis of their academic records:Provided that no candidate of the Scheduled Castes or the Scheduled tribes who is eligible under these rules shall be excluded from appearing at the written examination.6.
A candidate may be of either sex, and must-7.
8.
A candidate shall apply to be admitted to the examination in his own handwriting in the prescribed form to the Secretary to the Commission, not latter than such date as may be notified by the Commission in this behalf in each year. The prescribed form and a copy of these rules may be obtained from the Secretary to the Commission.9.
With his application a candidate must submit-10. [ [Rule 10 Substituted by Notification No. A 8856 dated 8.7.1957.]
Candidates must pay the following fees:-A - To the Commission.A consolidated examination fee of Rs. 55/- (Rs 13.75 Paise in case of candidates belonging to Scheduled Castes and the Scheduled tribes), when they first submit their application: Provided that the Commission may at their discretion, remit the prescribed fee in cases of bona fide displaced persons from Pakistan who are not in a position to pay the prescribed fee.B - To the Medical Board.Rs. 16/- (Rupees sixteen) only in each at the time of examination by a Medical Board.]Note 1. - The examination fee shall be payable by means of a Treasury Chalan to be obtained only from any treasury in Bihar or crossed Indian Postal Order, payable to the Secretary, Bihar Public Service Commission. The fee paid by means of treasury Chalan should be credited to the Head "XXI-Miscellaneous-Miscellaneous Departments-Examination Fees-realised by the Bihar Public Service Commission." The fee must not be sent by cheque banks or in cash.11.
12.
Notwithstanding anything contained in the foregoing rules, the Commission may require a candidate to furnish any such additional proof on any point as to his suitability as the Commission may deem necessary.13.
Subject to the provisions of these rules, the decision of the Commission as to the eligibility or otherwise for the admission to the examination shall be final.14.
The examination shall be held according to the syllabus specified in Appendix 'C' to these rules which are liable to alteration from time to time by Government after consultation with the High Court and the Commission.14A. [ [Inserted by Notification No. 11 l/R 1-2035/51-A-11639 dated 18.9.1959.]
- If any candidate is found guilty of-15.
16.
The Commission shall consult the Chief Justice of the Patna High Court confidentially in the matter of selection of examiners for the Law papers prescribed for the written examination.17.
On the basis of the marks obtained at the written examination, the Commission shall arrange for viva voce test of the candidates who have qualified at the written examination according to rule 15:Provided that in exceptional circumstances and with the prior approval of Government, the Commission may, at their discretion, admit candidates of the Scheduled Castes and the Scheduled Tribes to the viva voce test even though they may not have obtained the minimum qualifying marks at the written test.18.
The Chief Justice may appoint an officer to represent the High Court at the viva voce test. The officer so appointed shall be present at the viva voce test and shall advice the Commission on the fitness of the candidates from the point of view of special qualifications for the Service, but he will not be responsible for the selection of the candidates. The Commission in forwarding their recommendations shall draw the attention of Government to any matter in regard to which they differ from the officer so appointed.19.
The marks obtained at the viva voce test shall be added to the marks obtained at the written examination. The names of candidates will then be arranged by the Commission in order of merit. If two or more candidates obtain equal marks in the aggregate, the order shall be determined in accordance with the marks secured at written examination. Should the marks secured at written examination of the candidates concerned be also equal, then the order shall be decided in accordance with the total number of marks obtained in the optional papers. From the list of candidates so arranged, the Commission shall nominate such number of candidates as may be fixed by the Governor in order to their position in the list. The nomination so made shall be submitted to the Governor by such date in each year as the Governor may fix.20.
The Commission shall, while submitting their recommendation under Rule 19, consider the claims of qualified candidates belonging to the Scheduled Castes and the Scheduled Tribes. If the list of nominees submitted under Rule 19 does not contain an adequate number of candidates belonging to the Scheduled Castes and the Scheduled Tribes who may be appointed to the vacancies reserved for them, the Commission shall submit a supplementary list nominating a sufficient number of such candidates as in their opinion attain the required standard of qualifications and are in all respects suitable for appointment to the Service.21.
Success at the examination confers no right to appointment unless Government are satisfied, after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the Service. The final selection of candidates shall be made by the Governor from amongst those nominated by the Commission.22.
Candidates selected for written or viva voce test will present themselves at their own expense at a time and place of which they will be informed in due course.23.
A consolidated result of the examination will be prepared by the Commission and a copy of the marks obtained both at the written and the viva voce tests, as well as copy of the printed table of the consolidated results, shall be supplied individually to each candidate, soon after the results are complied and the list referred to in Rule 19 is submitted to the Governor.Part III – Permanent appointment of temporary Munsifs already in Government service
24. On the occurrence of permanent vacancies in the posts of [Civil Judge, (Junior Division)] [Substituted for the word 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.] proposed to be filled up from among temporary [Civil Judge, (Junior Division)] [Substituted for the word 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.] already in Government service, the High Court shall call for nominations from the District Judges. These nominations shall be considered by a Selection Committee appointed by the Chief Justice for the purpose, with the Chief Justice as its President. The Officers nominated by the Selection Committee as suitable for permanent appointment shall be arranged in order of their position inter se as temporary [Civil Judge, (Junior Division)] [Substituted for the word 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.].
25.
The High Court shall send all papers relating to the candidates nominated by the Selection Committee , as also of those proposed to be superseded, direct to the Commission and shall, at the same time, submit a list of such candidates to the Governor. The final selection of officers for permanent appointment shall be made by the Governor after considering the recommendations of the Commission.25A. [ [Added New Rule 25A vide Section 4 of Amendment Rules, 2005 See End of the Rules]
It shall be essential for the newly appointed Judicial Officers to undergo a training for a minimum period of one year. However, the period of training may be extended to two years after consultation with the High Court but in the exigency of the situation the High Court may reduce the period of training.]26.
A [Civil Judge (Junior Division)] [Substituted for the word 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.] appointed on a temporary basis shall be eligible for permanent appointment to the Service irrespective of age.General27.
A candidate appointed to the post of [Civil Judge (Junior Division)] [Substituted for the word 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.], otherwise than in a temporary capacity, shall be appointed on probation in the first instance, but will be eligible for confirmation as a [Civil Judge (Junior Division)] [Substituted for the word 'Munsif' Civil Judge (Junior Division) vide Section 3 Amendment Rules, 2005.] on the date on which the following conditions are fulfilled:-28. [ [Added new Rule 28 vide Section 5 of the Amendment Rules, 2005 See End of the Rules.]
"The age of retirement of the Judicial Officer shall be sixty (60) years"]28. [ [Rule 28 omitted and Rule 29 made Rule 28 by Notification No. III/RI-102/62A-10866 dated 31.7.1962.]
No recommendations except those received in accordance with these rules shall be taken into consideration. Any attempt on the part of a candidate to enlist support for his appointment through persons of influence or in any other manner will disqualify him for appointment.]Appendix 'A'List of Scheduled Castes in Bihar1. The castes, races or tribes, or parts of, groups within, castes or tribes, specified below shall be deemed to be Scheduled Castes in the State of Bihar in the localities specified in relation to them.
2. No person who professes a religion different from Hinduism shall be deemed to be a member of a Scheduled Caste.
3. Any reference to a district or other territorial division of the State shall be construed as a reference to the district or other territorial division as existing on the 26th January, 1950.
I. Throughout the State of Bihar-| 1. | Bauri. | 12. | Kanjar. |
| 2. | Bantar. | 13. | Kurariar. |
| 3. | Bhogta. | 14. | Lalbegi. |
| 4. | Chamar. | 15. | Mochi. |
| 5. | Chaupal. | 16. | Musahar. |
| 6. | Dhobi. | 17. | Nat. |
| 7. | Dome. | 18. | Pan. |
| 8. | Dusadh, including Dhari. | 19. | Pasi. |
| 9. | Ghasi. | 20. | Rajwar. |
| 10. | Halalkhor. | 21. | Turi. |
| 11. | Hari, including Mehtar. |
1. Throughout the State of Bihar-
| 1. | Asur. | 15. | Kharwar. |
| 2. | Baiga. | 16. | Khond. |
| 3. | Bathudi. | 17. | Kisan. |
| 4. | Bedia. | 18. | Kora. |
| 5. | Binjhia. | 19. | Korwa. |
| 6. | Birhor. | 20. | Lohara |
| 7. | Birjia. | 21. | Mahli. |
| 8. | Chero. | 22. | Mai Paharia. |
| 9. | Chik Aaraik | 23. | Munda. |
| 10. | Gond. | 24. | Oraon. |
| 11. | Gorait. | 25. | Parhaiya. |
| 12. | Ho. | 26. | Santal. |
| 13. | Karmall. | 27. | Sauria Paharia. |
| 14. | Kharia. | 28. | Savar. |
2. In the districts of Ranchi, Singhbhum, Hazaribagh, Santal Parganas, Manbhum-Bhumij.
Note. - Any reference to a district or other territorial division, of the State shall be construed as a reference to the district of other territorial division as existing on the 26th January, 1950.Appendix 'B'Instructions governing refund of admission and examination fees1. Application fee will not ordinarily be refunded. If however for any reason a candidate is unable to sit at the examination, half of the examination fee may be refunded on application to the Secretary to the Commission:
Provided that the Secretary to the Commission may sanction refund of-| Subjects | Marks | ||
| 1.Compulsory. - | |||
| 1. | General English | ... | 150 |
| 2. | General Knowledge (including current affairs) | ... | 150 |
| 3. | Elementary General Science | ... | 100 |
| 4. | General Hindi | ... | 50 |
| 2.Optional.- Candidates must appear in subject no. 5and select any three out of the remaining five subject. | |||
| Subjects | Marks | ||
| 5. | Law of Evidence and Procedure. | ... | 150 |
| 6. | Constitutional Law of India and England | ... | 150 |
| 7. | Hindi Law and Muhummadan Law. | ... | 150 |
| 8. | Law of Transfer of Property and Principles of Equity includingLaw of Trusts and Specific Relief. | ... | 150 |
| 9. | Law of Contracts and Torts. | ... | 150 |
| 10. | Commercial Law. | ||
| 3.Viva vocetest. | ... | 200 |