NCT Delhi - Act
DELHI HIGHER JUDICIAL SERVICE RULES, 1970
DELHI
India
India
DELHI HIGHER JUDICIAL SERVICE RULES, 1970
Rule NO-F-1-1-70-JUDICIAL of 1970
- Published in Delhi Gazette on 27 August 1970
- Commenced on 27 August 1970
- [This is the version of this document from 25 January 2019.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by Delhi Higher Judicial Service (Amendment) Rules, 2019 (Rule NO-F-6-20-2018-JUDL-SUPTLAW-147-151- of 2019) on 25 January 2019]
In exercise of the power conferred by the proviso to Article(a)“Administrator” means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution;(b)“cadre post” means any post specified in the Schedule and includes a temporary post carrying the same designation as that of any of the posts specified in the Schedule and any other temporary post declared as cadre post by the Administrator; (c)“direct recruit” means a person who is appointed to the Service from the Bar; (d)“High Court” means the High Court of Delhi; (e)“initial recruitment” means the first recruitment and appointment made to the Service after the commencement of these rules; (f)“Member of the Service” means a person appointed to the Service under the provisions of these rules; (g)“promoted officer” means a person who is appointed to the Service by promotion from the Delhi Judicial Service; (h)“Roster” means the Roster appended to these rules; (i)“Schedule” means the Schedule as amended from time to time and appended to these rules; (j)“Service” means the Delhi Higher Judicial Service.] (a)On and from the date of commencement of these rules, there shall be constituted a Civil Service to be known as the Delhi Higher Judicial Service. (b)The posts included in the Service shall be Central Civil Posts, Group 'A', Gazetted.] (1)The authorized strength of the Service and the posts included therein shall be as specified in the Schedule which shall stand automaticallyamended simultaneously with the creation or abolition of cadre post. (2)The Administrator may create from time to time on the recommendations of the High Court as many cadre posts as may be necessary.] (1)The recruitment of persons to the service from the Delhi Judicial Service shall be made by the Administrator in consultation with the High Court. (2)In regard to the persons not already in the Delhi Judicial Service, appointment to service shall be made by the Administrator on the recommendation of the High Court. (1)For initial recruitment to the service, the Administrator shall, in consultation with the High Court, appoint persons to the service substantively from amongst the following:-(a)District Judges and Additional District Judges functioning as such in the Union Territory of Delhi on deputation from other States. (b)District Judges and Additional District Judges whose names may be recommended by their respective States for appointment. (2)The High Court may in its discretion examine the character rolls and hold such other tests as may be deemed fit. (3)The seniority of the candidates appointed at the initial constitution shall be in accordance with the length of service rendered by them in the cadre to which they belong at the time of their initial recruitment to the service provided that the inter-se seniority as already fixed insuch cadres shall not be altered. (4)The number of officers to be appointed from the States of Punjab and Haryana shall not, subject to availability, be less than the number of posts borne on the cadre of such states for the purpose of Union Territory of Delhi. (1)Recruitment to the posts in the cadre of District Judge at Entry Level shall be as under:-(a)65 percent by promotion from amongst the Civil Judges (Senior Division), having a minimum ten years service in the cadre of Delhi Judicial Service, on the basis of principle of merit-cum-seniority;(b)10 percent by promotion strictly on the basis of merit through limited competitive examination of Civil Judges (Senior Division) having not less than five years qualifying service; and(c)25 percent of the posts shall be filled by direct recruitment from amongst the persons eligible as per rule 7C on the basis of the written and viva voce test, conducted by the High Court. (2)The posts will go to the above three categories, within the quota prescribed under this rule, in the order as given in the roster appended to these rules.Provided that the posts of category (b) remaining vacant on account of non-availability of eligible candidates or candidates having not been able to qualify the examination as provided under rule 7B, shall be filled up in accordance with sub-rule 1(a).] (1)The High Court shall hold a limited written competitive examination for promotion of member of the Delhi Judicial Service as per clause (b) of sub-rule(1) of rule 7 in the following manner :-(i)Written Examination – 600 marks (ii)Assessment of Record – 150 marks (iii)Viva voce – 250 marks. (2)For the Assessment of Records, the ACRs of the candidate for the preceding five years, carrying weightage of 30 marks for each year will be taken into account. The criteria for awarding of marks for each ACR shall be as under:-Grading MarksA+ 30A 20B+ 15B 10Provided that any officer having grading as „C‟ (Integrity doubtful) in any year shall not be eligible to appear in the limited competitive examination.Provided further a candidate shall be eligible to appear in viva voce only in case he secures 50% marks each in the Written Examination and the Assessment of Record in the case of candidates of General Category and 45% in the case of candidates of reserved categories.Provided also that a candidate of general category must secure a minimum of 50% marks and candidates of reserved categories must secure a minimum of 45% marks in viva voce to be eligible for being recommended for appointment to the service.] (1)The inter se seniority of members of the Delhi Judicial Service promoted under clause (a) of sub-rule (1) of rule 7 shall be the same as in the Delhi Judicial Service. (2)The inter se seniority of the members of Delhi Judicial Service promoted under clause (b) of sub-rule (1) of rule 7 shall be the same as in the Delhi Judicial Service. (3)The inter se seniority of the direct recruits to the Service under clause (c) of sub-rule (1)of rule 7 shall be the same as determined by the High Court at the time of recruitment. (4)The inter-se seniority position of the officers appointed to the Service under rule 7 shall be determined on the basis of continuous length of service, i.e., date of appointment. (5)In case of officers appointed from different sources on the same date, the officer(s) recruited by promotion under clause (a) of sub- rule (1) of Rule 7 shall take precedence over the officers promoted under clause (b) of sub-rule (1) of Rule 7 and the officers appointed under clause (c) of sub-rule (1) of Rule 7; and the officers promoted under clause (b) of sub-rule (1) of Rule 7 shall take precedence over officers appointed underclause (c) of sub-rule (1) of Rule 7. (6)A promoted officer who is promoted on an ad-hoc basis in the vacancy/position to be held by an officer in clause (c) of sub-rule (1) of rule 7 shall not have any right to the position held by him and his position in the seniority list shall be determined as per his position in clause (a) of sub-rule (1) of rule 7.] (1)must be a citizen of India. (2)must have practised as an Advocate for not less than seven years. (3)must have not attained the age of 45 years on the 1st day of January of the year in which the applications for appointment are invited . [amended by Delhi Higher Judicial Service (Amendment) Rules , 2019] (1)No person who has more than one wife living shall be eligible for appointment to the service.Provided that the Administrator may, if satisfied that there are special grounds for doing so, exempt any person from the operation of this sub-rule. (2)No woman who is married to any person who has a wife living shall be eligible for appointment to the Service.Provided that the Administrator may, if satisfied that there are special grounds for doing so, exempt any such woman from the operation of this sub-rule. (1)Persons appointed to the service at the initial recruitment shall stand confirmed with effect from the date of appointment. (2)All other candidates on appointment to permanent post shall be on probation for a period of two years.]EXPLANATION: - The period during which an officer holds a temporary post will be counted towards probation but he will be confirmed only when a permanent post is available. (1)The Administrator may create temporary posts in the service. (2)Such posts shall be filled by Administrator, in consultation with the High Court, from amongst the members of Delhi Judicial Service and by direct recruitment from the Bar.][Explanation - Rule 5, 7, 7A, 7B, 7C, 8, 9, and 11 shall apply to appointment made under this rule.]