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State of Rajasthan - Act

The Rajasthan Judicial Service Rules, 1955

RAJASTHAN
India

The Rajasthan Judicial Service Rules, 1955

Rule THE-RAJASTHAN-JUDICIAL-SERVICE-RULES-1955 of 1955

Published on 12 May 1955
Commenced on 12 May 1955
[This is the version of this document from 12 May 1955.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Judicial Service Rules, 1955Published vide Notification No. F. 20 (4) Apptts (C) 58 dated May 9, 1955, Published in Rajasthan Gazette Extraordinary Part 4-C dated 12-5-1955Notification No. F. (19) LJ/B/58 dated August 23, 1962, published in Rajasthan Gazette part I (a) dated 25-8-1962 page 30. - In exercise of the powers conferred by Article 237 of the Constitution of India, the Governor of Rajasthan hereby directs that with effect from the 1st of September, 1962, the provisions of Articles 234 and 235 of the Constitution of India shall apply to the class of special judicial (Railways) Magistrates of the State as they apply in relation to persons appointed to the Judicial Service of the State.In exercise of the powers conferred by Article 234 read with Article 231 and the proviso to Article 309, of the Constitution of India, His Highness the Rajpramukh of Rajasthan makes after consultation with the Rajasthan Public Service Commission and with the High Court of Judicature for Rajasthan the following rules regulating recruitment to posts in, and the conditions of service of persons appointed to the Rajasthan Judicial Service.Vide Notification No. F. 21 (4) Appointments (C)/53 dated January 18, 1958, extended and applied to the whole of the new State of Rajasthan subject to the following adaption and modifications, namely:(i) reference in the said Rules to the Rajasthan Gazette shall be deemed to be references to the official Gazette of the new State of Rajasthan,(ii) references therein to "Rajasthan" or "the State of Rajasthan" or "the State" shall be deemed to be references to the new State of Rajasthan as formed by Section 10 of the States Reorganization Act, 1956 (Central Act 37 of 1956).(iii) references therein to the His Highness the Rajpramukh or the Rajpramukh of Rajasthan shall be deemed to be references to the Governor of the State of Rajasthan.(iv) references therein to the Government or the State Government shall be deemed to be references to the Government or the State of Rajasthan.(v) references therein to the High Court shall be construed as references to the High Court for the new State of Rajasthan.(vi) references therein to the Rajasthan Public Service Commission shall be deemed to be references to the Public Service Commission of the new State of Rajasthan.(vii) references therein to any other officer or authority shall be construed as references to the corresponding officer or authority of the new State of Rajasthan. Any rules corresponding to the said rules in the Ajmer, Abu and Sunel areas shall be deemed to be superseded.

Part I – General

1. Short title, commencement and application.

(1)These rules may be called the Rajasthan Judicial Service Rules, 1955.

(2)They shall come into force atonce. [xxx] [Deleted the words 'and shall apply to the member's of the Service consisting of Civil Judges and Munsiffs' vide Notification No. F. 18 (1) (33) Jud/63 dated 10-2-1970.]

(3)[ They shall apply to the members of the service consisting of Civil Judges-cum-Chief Judicial Magistrates, Civil Judges-cum- Additional Chief Judicial Magistrates, Senior Civil Judges, Civil Judges, Munsiffs and Judicial Magistrates.] [Substituted for (3). They shall apply to the members of the service consisting of senior Civil Judges, Civil Judges and Munsiffs' vide Notification No. F. 19 (81) Jud/74, Part I dated 21-3-78 Effective from 1-4-1974.]

2. Supersession of existing rules and orders.

- All existing rules and orders in relation to matters covered by these rules are hereby superseded, but any action taken by or in pursuance of such existing rules and orders shall be deemed to have been taken under these rules.

3. Status of the Service.

- The Rajasthan Judicial Service is a State Service.

4. Definition.

- In these rules unless there is anything repugnant in the subject or context.-

(a)"Commission" means the Rajasthan Public Service Commission.

(b)"Constitution" means the Constitution of India, 1950.

(c)"Court" means the High Court of Judicature for Rajasthan.

(cc)[ "Government and State" mean respectively the Government of Rajasthan and the State of Rajasthan] [Inserted vide Notification No. F. 7 (10) DOP (A-II) 74, dated 10-2-1975.].

(d)"Member of the Service" means a person appointed in a substantive capacity to a post in the cadre of the Service under the provisions of these rules or of any rules or orders superseded by rules 2.

(e)"Schedule" means a Schedule to these rules.

(f)"Service" means the Rajasthan Judicial Service.

5. Interpretation.

- Unless the context otherwise requires, the General Clauses Act, 1897 (Central Act No. X of 1897), shall apply for the interpretation of these rules as it applies for the interpretation of a Central Act.

Part II – Cadre

6. Strength of the Service.

(1)The strength of the Service, and of each class of posts therein shall be determined by the Governor from time to time, in consultation with the Court.

(2)The permanent strength of the Service and of each class of posts therein shall, until orders varying the same have been passed under sub-rule (1), be as specified in Schedule I.

(3)The Governor may from time to time, in consultation with the Court, create such additional temporary or permanent posts in the service as may be found necessary;

(4)The Governor may leave unfilled or hold in abeyance any post or any appointment to the Service for such time as he deems fit without thereby entitling any person to compensation.

Part III – Recruitment

7. Source of recruitment.

- Recruitment to the Service, shall be made [to the post of Munsiffs] [Inserted vide Notification No. G.S.R. 2 dated 10-2-69, Published in Rajasthan Gazette, Extraordinary Part IV, C, dated 10-2-69.] on the result of a competitive examination conducted, by the Commission.

7A. [ Appointments to the posts of Civil Judges. [7A added vide Notification No. G.S.R. 2 dated 10-2-69, Published in Rajasthan Gazette, Extraordinary Part IV, C, dated 10-2-69.]

- Appointments to the posts of Civil Judges shall be made by the Court by promotion from amongst the officers holding substantively the posts of Munsiffs on the basis of seniority cum-merit.]

7B. [ Appointment to the posts of Senior Civil Judges. [Inserted vide Notification No. F. 18 (1) (33) Jud/63 dated 10-2-70.]

- Appointments to the posts of Senior Civil Judges shall be made by the Court by promotion from amongst the officers holding the Posts of Civil Judges on the basis of seniority-cum-merit;]

7C. [ Appointment to the posts of Civil Judges-cum-Chief Judicial Magistrates. [Added vide Notification No. F. 19(81) Jud/74 Part I dated 21-3-78 [1-4-74].]

- Appointments to the posts of Civil Judges-cum-Chief Judicial Magistrates shall be made by the Court by promotion from amongst officers holding posts of Senior Civil Judges-cum- Judicial Magistrates I Class, Civil Judges-cum-Judicial Magistrates I Class, Munsiffs and Judicial Magistrates I class on the basis of merit, after taking the seniority into consideration.]

8. Number of vacancies to be filled.

- Subject as aforesaid, the number of persons to be recruited at each recruitment shall be determined by the Rajpramukh in consultation with the court.

9. Reservation for Scheduled Castes and Scheduled Tribes.

- Reservation for Scheduled Castes and Scheduled Tribes shall be in accordance with the orders for such reservation in force at the time of recruitment. A copy of such orders in force at the commencement of these rules will be found in Schedule II.

Part IV – Qualifications

10. Age.

- A candidate for recruitment to the Service [x x x] [The words and figures 'must have attained the age of 23 years and' omitted vide Notification No. F. 21 (4) Apptts. (C) 53 dated June 9, 1958.] must not have attained the age of [35] [Substituted for 'age of 32 years' vide Notification No. F. 19 (54) Jud/ dated 18-9-74, published in the Rajasthan Rajpatra extraordinary Part 4 (C) dated 24-9-1974.] years on the first day of January next following the date of commencement of the examination by the Commission for recruitment to the Service:Provided:-

(i)That barring the first examination to be held under the provisions of these rules, if a candidate would have been entitled in respect of his age to appear at an examination in any year in which no such examination was held he shall be deemed to be entitled in respect of his age to appear at the next following examination;

(ii)[ Provided further that for the examination to be held under the provisions of these Rules in the year 1962, the upper age limit shall be 35 years;] [Added vide Notification No. F. 20(4) Apptts. (C)/58 dated 4-8-1962.]

(iii)that in respect of the first examination to be held under the provisions of these rules the upper age limit shall be 32 years, and

(iv)that the upper age-limit for a candidate of a Schedule Caste or of a Scheduled Tribe shall be deemed to have been raised by [five years] [Substituted for the words 'three years' vide Notification No. F.18(i)(33) Jud/63 dated 28-8-1971.].

(v)[that the upper age limit for the reservists, namely the defence service personnel transferred to the reserve shall be 50 years.] [Inserted vide Notification No. F.3(9) Apptts. (C)/58 dated 27-8-1962 and No. F.1(16) Apptts. A-II/62 dated 31-5-1963.]

(vi)[that the upper age limit for the political sufferer shall be 40 years till the 31st December, 1964.] [Added vide Notification No.F.1 (16) Apptts. A-II/62 dated 31-5-1963.]

Explanation. - The expression political sufferer' for the purpose of this rule shall have the meaning assigned to it under clause (iii) of rule 2 of the Rajasthan Political Sufferers Aid Rules, 1959, published in Part IV (C) of Rajasthan Gazette dated 18th June, 1959.

(vii)[That the upper age-limit mentioned above shall be relax-able by a period equal to the service rendered in the N.C.C. in the case of Cadet Instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit.] [Added vide Notification No.F.1(10) Apptts. (A-II)/66 dated 8-5-67.]

(viii)[Provided further that any candidate who is released Commissioned Officer as defined in clause (e) of sub-rule (1) of rule 3 of the Rajasthan Civil Services (Recruitment of released Emergency Commissioned and Short Service Commissioned officer) Rules, 1968, and who had not attained the age of 32 years when he was recruited in the Armed Force of the Union shall be eligible, to appear in the examination to be held under the provisions of these rules in the years [x x x] [Added vide Notification No.F.18 (i)(33) Jud/63 dated 18-6-1969.] 1970, 1971 and 1972 if he fulfills the qualifications laid down in rule 11.]

(ix)[ Notwithstanding anything contained contrary in these rules, in the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age limit shall be 40 years] [Added vide Notification No. F. 19 (81) Jud/74 dated 24-7-1975.].

11. Qualification.

- [(1) No candidate shall be eligible for recruitment to the service unless,-(a)he is a Bachelor of Laws (Two years Course under the old scheme) or Bachelor of Laws (Professional) of any University established by Law in India and recognised for the purpose by the Governor or a Barrister of England or Northern Ireland or a member of the faculty of Advocates in Scotland; and(b)he has not less than three years' practice as a lawyer.]

(2)Every candidate must posses a thorough knowledge of Hindi written in Devnagri Script.

12. [ Nationality. [Substituted by Notification No. F. 19(81) Judi/74 dated 21-3-1978.]

- A candidate for appointment to the Service must be :-

(a)a citizen of India, or

(b)a subject of Nepal, or

(c)a subject of Bhutan, or

(d)a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or

(e)a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African countries of Kenya, Uganda and United Republic of Tenzania (formerly Tanganyaka and Zanzibar) Zambia, Malawi, Zaire and Ethopia, with the intention of permanently settling in India:

Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or other recruiting authority and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government.] [Substituted vide Notification No. F. 1(1) DOP/A-II/86 dated 13-5-1994 published in Rajasthan Rajpatra Part IV (C) Extraordinary, dated 16-5-1994.]

13. [ Character. [Substituted by Notification No. F. 19 (81) Judi/74 part I dated 21-3-78.]

- The character of a candidate for direct recruitment to the service, must be such as will qualify him for employment in the service. He must produce a certificate of good character from the Principle Academic Officer of the University or College or School in which he was last educated and two such certificates written not more than six months prior to the date of application, from two responsible persons not connected with his University or College or School and not related to him.Note. - (1) A conviction by a Court of Law need not of itself involve the refusal of a certificate of good character. The circumstance of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence or with a movement which has as its object to overthrow by violent means Government as established by law, the mere conviction need not be regarded as a disqualification.

(2)Ex-prisoners who by their disciplined life while in prison and by their subsequent good conduct have proved to be completely reformed, should not be discriminated against on grounds of their previous conviction for purpose of employment in the service. Those who are convicted of offences not involving moral turpitude shall be deemed to have been completely reformed on the production of report to that effect from the Superintendent "After Care Home' or if there are no such Homes in a particular District from the Superintendent of Police of that District.]Those convicted of offences involving moral turpitude shall be required to produce a certificate from the Superintendent "After Care Home" or if there are no such Homes, from the Superintendent of Police of that district endorsed by Inspector General of Prisons, to the effect that they are suitable for employment as they have proved to be completely reformed by their subsequent good conduct in an "After Care Home".

Part V – Procedure for Recruitment

14. Examination.

- A competitive examination for recruitment to the Service, shall be held at such intervals as the Governor may in consultation with the Court, from time to time determine, and shall be conducted by the Commission at such time and at such dates as it may notify.

15. Syllabus.

- The syllabus and the rules relating to the competitive examination shall be as in Schedule III:Provided that they may be amended by the Rajpramukh from time to time in consultation with the commission and the Court.

16. Application.

(1)On receipt of a requisition for recruitment to the Service from the Rajpramukh the Commission shall call for applications for permission to sit at the examination by publishing a notice to that effect in the Rajasthan Gazette and in such other manner as the Commission may deem fit.

(2)The applications shall be made in the form prescribed by the Commission and obtained from the Secretary to the Commission on payment of [Rupees 1/- either by a crossed Postal Order or Treasury Challan] [Substituted for 'such fee as the Commission may, from time to time prescribe' vide Notification No. 20 (4) Apptts. (C)/55 dated November 22, 1955.].

17. [ Examination Fee. [Substituted by Notification No. F. 1 (2) Apptts. (D) 60 dated 5-5-1971 [16-7-1966].]

- A candidate for direct recruitment to a post in the service must pay to the Commission such fee as are fixed by them.]

18. Admission.

- No candidate shall be admitted to the examination unless he hold a certificate of admission granted by the Commission. Before granting such certificate, the Commission shall satisfy themselves in each case that the application has been strictly in accordance with the provisions of these rules and the fee required under rule 17 has been paid.]

18A. [ Employment of irregular or improper means. [Inserted by Notification No. F. 47 (27) ,Judi/80 dated 23-11-1981 GSR 113, Published in Rajasthan Gazette Part IV-C dated 3-12-1981 page 343.]

- A candidate who is or has been declared by the Commission or the Appointing Authority as the case may be guilty of impersonation or of submitting fabricated documents which have been tempered with or of making statements which are incorrect or false or of suppressing material information or using or attempting to use unfair means in the examination or interview or otherwise resorting to any other irregular or improper means for obtaining admission to the examination or appearance at any interview shall, in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period.

(a)by the Commission or the Appointing Authority as the ease may be from admission to any examination or appearance at any interview held by the Commission for selection of candidates, and

(b)by the Government from employment under the Government].

19. [ List of candidates recommended by the Commission. [Substituted by Notification No. F. 20 (4) Apptts. (C) 53 dated 22-11-1955.]

(1)The Commission shall prepare a list of the candidates recommended by them for direct recruitment in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate the Commission shall arrange them in order of merit on the basis of their general suitability for Service:Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of [45%] marks in the aggregate both of Written and Oral Examinations.[Provided further that while selecting candidates for the vacancies so advertised, the Commission may (i) if intimation of additional requirement is sent to the Commission before the selection and (ii) if suitable persons are available, keep on their [reserve] [Inserted vide Notification No. F. 3 (12) Apptts. D/ 59, dated 9-12-1960.] list more candidates whose number shall not exceed 50% of the advertised vacancies, the names of such candidates may be recommended on requisition to the appointing authorities within six months from [the date on which the original list is forwarded by the Commission to the Government] [Substituted for the words, 'date of interview' vide Notification No. F. 1 (9) Apptts. (D) 60 dated 19-9-1962.] .]

(2)Two copies of such list shall be submitted by the Commission to the Rajpramukh.]

19A. [ Re-totalling of marks. [Inserted vide Notification No. F. 20 (4) Apptts. (C) 53 dated 22-11-1955.]

- The Commission may order scrutiny re-checking and re-totaliing of the marks obtained by a candidate on payment of a fee of Rs. 10/- only within [Twenty days] of the announcement of the results but evaluation of the answer paper shall not be re-examined.]

Part VI – Appointment, Probation and Confirmation

20. Physical fitness.

(1)No person shall be appointed as a member of the Service unless he be in good mental and bodily health and free from any defect likely to interfere with the efficient performance of his duties as a member of the Service.

(2)Before a candidate recommended by the Commission under rule 19 is finally appointed to the Service under rule 21, he shall be required to pass an examination by a Medical Board.

(3)Regulation of such medical examination are given in Schedule IV.

(4)Candidate who are required to appear before the Medical Board shall pay to the President of the Board a non-refundable fee of Rs. 16/- before the medical examination is held.

20A. [ Disqualification for Appointment. [Inserted vide Notification No. F. 19 (81) Jud/74 Part I dated 21-3-1978.]

(1)No male candidate who has more than one wife living shall be eligible for appointment to the Service unless Government after being satisfied that there are special grounds for doing so, exempt any candidate from the operation of this rule.

(2)No female candidates who is married to a person having already a wife living shall be eligible for appointment to the Service unless Government after being satisfied that thee are special grounds for doing so exempt any female candidate from the operation of this rule.]

21. Appointment.

(1)On receipt of the list prepared by the Commission under rule 19, the Rajpramukh shall consult the Court and shall after taking into consideration the views of the Court and subject to the other provisions of these rules select candidates for appointment in substantive, temporary and officiating vacancies from among those who stand highest in order of merit in the said list provided that he is satisfied that such candidates are duly qualified in other respects.

(2)A temporary or officiating vacancy in the Service may, upon the non-availability of any candidate in the list prepared under rule 19, be filled by the Rajpramukh in consultation with the Court by appointing there to any suitable person possessing necessary qualifications prescribed under these rules.

22. Seniority.

- Subject to the other provisions of these rules seniority in the service shall be determined by the date of the order of substantive appointment to the Service:Provided that the seniority of candidates appointed to the Service shall, in the case of appointment of more persons than one to the Service by an order of the same date, follow the order in which they have been placed in the list prepared by the Commission under rule 19.[Deleted] [Omitted by Notification No. D 918/F 3(3) Apptts (C) 56 dated 26-4-1956.]

23. Probation.

- All the candidates shall on substantive appointment to the Service be placed on probation for two years, provided that such of them, as have previous to their appointment to the Service officiated or served temporarily on a post in the Service may be permitted by the Rajpramukh to count such officiating or temporary service towards the period of probation.

24. [ Service when dispensed with or period of probation extended. [Substituted by Notification No. F. 19 (81) Jud/74/part dated 21-3-1978.]

(1)If it appears at any time during or at the end of the period of probation that an officer has not made sufficient use of his opportunities or if he has otherwise failed to give satisfaction, the Governor may dispense with his service:Provided that the Court, may, in special cases, extend the period of probation of such officer for a specified period not exceeding one year.

(2)An officer whose services are dispensed with during or at the end of the original or extended period of probation under sub- rule (1), shall not be entitled to any compensation.]

25. [ Confirmation. [Substituted by Notification No. F. 19 (81) Judi/74 Part I dated 21-3-1978.]

- A probationer may be confirmed in his appointment by the court at the end of his original or extended period of probation if the court is satisfied that he is fit for confirmation.]

Part VII – Other Provisions

26. [ Scale of Pay. [Substituted by Notification No. F. 18 (1) (33) Judi/63 dated 10-2-1970.]

- The scale of Pay admissible to the members of Service shall be such as may be sanctioned by the Government from time to time.

(2)In addition to the pay which may be drawn under sub-rule (1), a member of the Service who holds any post specified in column 2 of Schedule V shall receive the amount specified in column 3 as special pay.]

27. [ Initial Pay. [Substituted by Notification No. F. 21 (4) Apptts C/53 dated 9-6-1958.]

(1)The initial pay of a person appointed to the Service [as a munsiff] shall be the minimum of the scale of pay admissible to [him under the rule 26.] [Substituted for the words 'a member of the service' by Notification No. F. 18(1)(33) Jud/63 dated 10-2-1970 [1-9-1968].]Provided that if such person shall have before the date of such appointment put in two year's actual practice at the Bar and shall in support of such practice produce a certificate from the District Judge concerned, he shall be given two advance increments in the scale of pay from the date of his appointment to the Service.][Provided further that if such person was appointed to the Service by competitive examinations held in 1962 and 1964, when the upper age limit was raised to 35 years and he was already in the service of Government with substantive pay on a permanent post higher than the minimum, Government may by special order allow initial Pay higher than the minimum of the scale.] [Added by Notification No. F. 18(1) (33) Judi/63 dated 18-6-69.]

(2)A person so appointed shall draw increments in the scale admissible to him as they accrue:Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increments unless the authority granting the extension in the period of probation directs otherwise.

(3)[ The pay of a person appointed to be a Civil Judge or senior Civil Judge, Civil Judge-cum-Additional C.J.M. or Civil Judge- cum-Chief Judicial Magistrate, whether in a substantive, temporary or officiating capacity shall be regulated in accordance with the provisions of rule 26 A of the Rajasthan Service Rules.] [Substituted by Notification No. F. 19 (81) Judi/74 part I dated 21-3-1978 [1-4-1974].]

28. [ [Omitted vide Notification No. F. 19 (81) Judi/74 part I dated 21-3-1978 [1-4-1974]]

(Omitted)]

29. Leave, allowances, pensions etc.

- Except as otherwise provided in these rules, the pay, allowances, pensions, leave and other conditions of service of the members of the Services shall be regulated by.-

1. The Rajasthan Travelling Allowance Rules, 1949.

2. The Rajasthan Civil Services (Unification of pay scales) Rules, 1950.

3. The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951.

4. The Rajasthan Service Rule, 1951, and

5. Any other rules under the proviso to article 309 of the Constitution and for the time being in force.

30. Canvassing.

- No recommendations for recruitment either written or oral other than that required under the rules, shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means may disqualify him for appointment.

31. Loyalty.

- All persons appointed to the Service shall be required to take an oath of allegiance or make a solemn affirmation that they will be loyal to the Constitution as by law established.

32. Exceptions.

(1)Nothing in these rules shall be construed to limit or abridge the power of the Rajpramukh to deal, in consultation with the Court, with the case of any person governed by these rules in such a manner as may appear to him to be just and equitable:Provided that, where any of the foregoing rules is applicable to the case any person, the case shall not be dealt within a manner less favourable to him than that provided by that rule.

(2)[ Where it appears necessary to do so, the Governor may, on the recommendation of the Court make any temporary appointment to the Service by deputation or otherwise from amongst the R.A.S. Officers in relaxation of the rules.] [Substituted for 32 (2) vide Notification No. F. 18 (1) (33) Jud/63, dated 12-10-66, published in Rajasthan Gazette Part, C dated 6-4-1967.]

Part VIII – 33.

[xxx] [Whole rule 33 omitted vide Notification E 19 (81) Judi. 74 part 1 dated 21-3-1978. Text of Rule 33 was Part VIII.][Part IX] [Inserted vide Notification No. F. 21 (4) Apptt. (C)/53 dated 18-1-1958.] Absorption of Ajmer and Abu Personnel

34. Appointment of Judicial Officers of Ajmer and Abu to the Service.

(1)The Governor shall appoint substantively to the Service all person who were on the 31st day of October, 1956 holding substantively in the Ajmer and Abu areas the post of a Subordinate Judge, or a Civil Judge.

(2)The Governor may, in consultation with the Court and the Commission, appoint substantively to the Service any person other than a person referred to in sub-rule (1) from among those who, on the 31st day of October, 1956, were holding in the Ajmer and Abu areas any post of the nature of or equivalent in rank to the posts encadred in the Service or in the Rajasthan Higher Judicial Service.

(3)All appointments made under sub-rule (1) and (2) shall in the terms and conditions of service be subject to the provisions of Secs. 115 and 116 of the State Re-organisation Act, 1956 (Central Act 37 of 1956) and the orders and directions of the Central Government under Sec. 117 of that Act.

(4)The seniority of persons appointed to the Service under this rule shall be such as may be determined by the Governor in consultation with the Court and in doing so, the Governor may fit in and adjust any such persons in the existing seniority list of the Service as may be deemed just and proper.[Part X] [Substituted by Notification No. F. 20 (4) Apptts. (C) 53 dated 24-1-1963.] Absorption of Rajasthan Administrative Service Personnel

35. Recruitment by transfer.

- Notwithstanding anything contained in rule 7 or any other provision of Part I to IX, but subject to the other provisions of this part, a special recruitment to the service may, as and when the separation of the judiciary from the executive in any part of the State takes place, be made by transfer from the Rajasthan Administrative Service to fill in to such number of additional posts and as are encadred in the Service consequent upon such separation.

36. Qualification for substantive appointment.

- No member of the Rajasthan Administrative Service hereinafter referred to as the [Administrative Officer] [Substituted by Notification No. F. 20 (4) Apptts. (C) 53 dated 24-1-1963.] shall be eligible to be appointed substantively to the Service, unless he is-

(a)a Bachelor of the Laws of the University of Rajasthan or of any other University established by Law in India and recognised for the purpose by the Governor; or a Barrister of England or Northern Ireland or a member of the Faculty of Advocates in Scotland; and

(b)a recruit to the Rajasthan Administrative Service by a competitive examination conducted by the Commission in accordance with rule 7 (a) of the Rajasthan Administrative Service Rules, 1954.

37. Constitution of Selection Committee.

- For the purpose of making substantive appointments to the Service by transfer under this Part, there shall be constituted a Committee consisting of-

(a)	the Chairman of the Commission	Chairman
(b)	two other members of the Commission nominated by its Chairman	Members.

38. Invitation of Applications.

- Applications for recruitment to the Service under this Part shall be invited by the Special Secretary to the Government in Appointments Department by publishing a notice to that effect in the Rajasthan Gazette.

39. Preparation of Selection List.

- The Selection Committee shall-

(a)consider the applications received by the Special Secretary to the Government and the service records of the applicants and interview such of them as it deems necessary, and

(b)prepare a list of persons found suitable for appointment to the Service by transfer under this Part, the names being arranged in the order of their seniority in the Rajasthan Administrative Service.

40. Appointment to the Service.

- The Governor shall, after consultation with the Commission and the court, appoint substantively to the Service candidates in the order in which their names appear in the list prepared by the Selection Committee under rule 39.

41. Seniority.

(1)The seniority of the Administrative Officer appointed under this Part shall be such as may be determined by the Governor in consultation with the court and in doing so the Governor may, without disturbing their inter-se seniority in the Rajasthan Administrative, fit in and adjust such person in the existing seniority of the Service at the position and which they would have been fixed, if they were instead of being appointed to the Rajasthan Administrative Service appointed to the Rajasthan Judicial Service and the dates of their appointment to the Rajasthan Administrative Service shall be deemed to be the dates of their appointment to the Rajasthan Judicial Service:Provided that if such date of appointment is the same in respect of two or more officers, those already in the service shall rank senior to those appointed under this Part;

(2)In determining seniority of persons appointed to the service in accordance with the provisions of rule 40, the Governor may, if satisfied, of any error or omission having been made in the seniority list (in consequence of incorrect date supplied by the person appointed to the service or otherwise):-

(i)fit in and adjust any person so appointed at such position therein as may be deemed proper and

(ii)alter the position for the time being of any such person in the said list:

Provided that objections, if any against the final seniority list shall be submitted to the High Court within three months of the date of publication of the seniority.

42. Temporary appointments.

- Where the courts of Executive Magistrates are converted into different categories of Judicial Magistrates consequent upto the separation of the Judiciary from the executive in any part of the State, the Administrative Officers working till then as presiding officer of Courts of Executive Magistrates may, notwithstanding anything contained in rule 7 or any other provisions of the foregoing rules, be appointed temporarily to hold the office of Munsif-Magistrate, Judicial Magistrate or Special Judicial (Railway) Magistrate, as the case may be until substantive appointment to the posts encadred in the Service are made in accordance with these rules.

43. Pay

- The Administrative Officers shall-

(a)in the case of his appointment under rule 40, after his appointment to the Service, or

(b)in the case of his appointment under rule 42, during the period of his temporary appointment be entitled to draw his pay at such rate in the ordinary time scale of the Service as would but for his appointment under this part, be admissible to him as member of the Rajasthan Administrative Service.

I

(See rule 6)

Part I – Permanent strength of Service and kinds of posts therein

(From 1-4-74 to 30-4-75)

Designation of the posts	Strength
Civil Judge-cum-Chief Judicial Magistrates	27*
Civil-Judge-cum-Addl. Chief Judicial Magistrates	1
Senior Civil Judge	6
Civil Judge	12#
Munsiffs and Judicial Magistrates including leave anddeputation reserve	236
	282

*This number includes - 1 Deputy Registrar, Rajasthan High Court.#This number includes - 4 Small Cause Court Judges and 1 Assistant Legal Remembrancer.

Part II – Permanent strength of service and kinds of posts therein

(From 1-5-1975)

Designation of the posts	Strength
Civil Judge-cum-Chief Judicial Magistrates	28*
Civil Judge-cum-Addl. Chief Judicial Magistrate	1
Civil Judges (including 4 small causes court Judges)	10
Munsiffs and Judicial Magistrates	203
Leave and deputation reserve	33
	275

*This number includes 2 Deputy Registrars, Rajasthan High Court at Jodhpur and Jaipur.*Substituted for " Schedule-I (See rule 6)Permanent strength of the Services and kinds of posts therein.

Designation of the posts	Strength
1.	*Civil Judge including Small Cause Court Judges 4, DeputyRegistrar High Court 1 and Assistant Legal Remembrancer to theGovt./Asstt. Legal Draftsman 2.	35
2.	Munsiffs and Munsiffs Magistrates Judicial Magistrates andSpecial Judicial (Railway) Magistrates including 11 posts ofleave and deputation reserve	143
	Total	178

*Note. - One third of this strength shall be Senior Civil Judges and the rest Civil Judges. Vide Notification No. F. 18 (91) Jud/74 Pt. I dated 21-3-78.[Schedule II] [Substituted for Schedule II by Notification F. 19 (81) Judi/74 part I dated 21-3-78.]Order regarding representation of Scheduled Castes and Scheduled Tribes in Public Service (Vide Order No. F. 25 (42) GA/(A)/51 dated 19th September, 1951 as amended vide No. G.A.D. Order No. D. 9692/F. 4 (8) GA/A/56 dated the 27th July, 1956.In accordance with the provision of Article 335 of the Constitution of India, the Government of Rajasthan have been pleased to direct that-

(1)there shall be a general reservation of 28% (16% for Scheduled Castes and 12% for Scheduled Tribes) vide Order No. F. 9(19) DOP/A-5/75, dated 10-2-75, of the vacancies of members to the Scheduled Castes and Scheduled Tribes in making appointments of the Services and posts which are filled by direct recruitment.

(2)The same percentage of recruitment may be followed in respect of the members of the Scheduled Castes and Scheduled Tribes till the ultimate percentage of reservation fixed by Government is reached.

(3)In the event of non-availability of a sufficient number of candidates amongst the Scheduled Castes and the Scheduled Tribes in a particular year, vacancies need not be kept reserved and shall be filled in accordance with normal procedure, but they may be carried forward and filled up in the subsequent year. In case the candidates of Scheduled Castes or Tribes are not available even in the second year, for appointment against the vacancies carried forward from the previous years, vacancies will be filled in by other candidates and the deficiency will be made good in the subsequent year. If the candidates are not available in the third year also, vacancies reserved will be filled in by other candidates and the reservation on account of the deficiency shall not be carried forward for more than two years.

(4)The reservation of Scheduled Castes and Scheduled Tribes in direct recruitment should be carefully followed according to procedure of 40 point roster system vide Order No. F. 15 (24) DOP/A-5/75 dated 15-12-75.

(5)Minimum Qualification prescribed for any post will not be lowered with a view to accommodating any candidates belonging to the Scheduled Castes and Scheduled Tribes.

(6)The Maximum age limit prescribed for direct recruitment in various services and posts may be extended by five years in the case of the candidates belonging to the Scheduled Castes and Scheduled Tribes.

(7)Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes. - (i) Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion.

(ii)The vacancies so reserved for promotion shall be filled in by Merit alone.

(iii)In filling the vacancies so reserved the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Committee or the Appointing Authority, as the case may be, and the Departmental Promotion Committee in the case of promotees irrespective of their relative rank as compared with other candidates.

(iv)Appointments shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. In the event of non-availability of the eligible and suitable candidates amongst the Scheduled Castes and the Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be reserved for them shall be filled in accordance with the normal procedure and an equivalent number of additional vacancies shall be reserved in the subsequent year. Such of the vacancies which remain so unfilled shall carried forward to the subsequent three recruitment years in total, and thereafter such reservation would lapse:

Provided that there shall be no carry forward of the vacancies in the posts or class/category/group of posts in any cadre of service to which promotions are made on the basis of merit alone under these rules.[Schedule III] [Substituted for Schedule III by Notification F. 20 (4) Apptt. (c)/53 dated 4-8-1962.]Syllabus for competitive examination for recruitment to the Rajasthan Judicial Service.A. Competitive Examination for recruitment to the Rajasthan Judicial Service shall consist of-

(a)a written examination in the subject hereinafter mentioned and

(b)an interview to test the general knowledge of the candidate and his fitness for appointment.

B. The examination will be in the following subjects each subject carrying the number of marks shown against each :-

		Subjects	Marks
1.	Law	Paper I	100
2.	Law	Paper II	100
3.	Language (i)	Paper I Hindi Essay	50
4.	Language (ii)	Paper II Essay	50
5.	Viva voice		100

Law Paper I is designed to test the practical knowledge of the candidates in civil law and procedure e.g. drafting, pleadings, framing issues and writing out judgments etc. in civil cases.Law Paper II is designed to test the practical knowledge of the candidates in criminal law and procedure e.g. framing charges and writing out judgments etc. in criminal cases.[Law Paper I and II shall be answered either in English or in Hindi but no candidate shall be permitted to answer any of these papers partly in Hindi and partly in English.] [Substituted for 'The answers to the question papers shall be given in English', vide Notification No. B. 19 (54) Jud/71 dated 10-9-1971.]After the marks obtained by the candidates in the written test have been received, the Commission shall call for interview such of them as have obtained a minimum of 35 percent marks in each of the Law papers and 40 percent marks in the aggregate.In interviewing a candidate, the suitable for employment to the Judicial Service shall be tested with reference to his record at the School, College and University and his character, personality address and physique. The questions which may be put up to him may be of a general nature and will not necessarily be academic or legal. The candidate will also be put questions to test his general knowledge including knowledge of current affairs and present day problems. The marks so awarded shall be added to the marks obtained in the written test by each candidate.[A sitting Judge of the High Court nominated by the Chief Justice shall as a representative of the High Court, be one of the members of the Interview Board and the opinion given by him with regard to the suitability of a candidate shall prevail unless there are strong and cogent reasons for not accepting it and such strong and cogent reasons shall be recorded in writing.] [Added vide Notification No. F. 1(1) DOP/A-II/86 dated May 13, 1994 published in Rajasthan Rajpatra Part IV C Extraordinary, dated 16-5-1994.]

IV

(See Rule 20)Instruction as to the Physical Examination of Candidate for Admission into R.J.S.I. These instructions are intended to provide guidelines to the Medical Examiners and a candidate who does not satisfy minimum requirement prescribed in these instructions can not be declared fit by the Medical examiners. However, while holding that candidate is not fit according to the norms laid down in these instructions it would be permissible for Medical Board to recommend to the Government of Rajasthan for reasons specifically recorded in writing that he/she may be admitted to Service without disadvantage to Government. If any doubt arises relating to the application and scope of these instructions it shall be referred to the Government in the Department of Personnel; whose decision thereon shall be final.II. The Governor of Rajasthan, however, reserves to himself absolute discretion to reject or accept any candidate after considering the report of the Medical Board.III. The Superintendent of the hospitals attached to the Medical College/Chief Medical and Health Officers shall be the competent authority to constitute the Medical Board under these instructions.Instructions

1. To be passed as fit for appointment, a candidate must have sound health physique active habits and free from any organic disease, bodily infirmity likely to interfere in the efficient and continuous performance of his/her appointment.

2. (a) In the matter of the correlation of age. height and chest girth of candidates of Indian (including Anglo-Indian) race, it is left to the Medical Board to use whatever correlation figures are considered most suitable as guide in the examination of the candidates. If there is any disproportion with regard to height, weight and chest girth, the candidates should be hospitalized for investigation and X-Ray of the chest taken before the candidate is declared fit or not fit by the Board.

3. The candidate's height will be measured as follows:- He/She will remove his/her shoes and be placed against the standard with her/his feet together the weight thrown on the heels and not on the toes or other sides of the feet. He/She will stand erect without rigidity any with the heels, calves, buttocks and shoulders touching the standard, the chain will be depressed to bring the verticals of the head of the head level under the horizontal bar, and height will be recorded in centimeters and parts of centimeter to halves.

4. The candidate's chest will be measured as follows:- He/She will be made to stand erect with his/her feet together, and to raise his/her arms over his/her head. The tape will be so adjusted round the chest that its upper edge touches the interior angles of the shoulder blades behind and lies in the same horizontal place when the taped is taken round the chest. The arms will then be lowered to hand loosely by the side, and care will be taken that the shoulders are not thrown upwards or backwards so as to displace the tape. The candidate will then be directed to take a deep inspiration several times and the maximum expansion of the chest will be carefully noted, and the minimum and maximum will then be recorded in centimeters, 84-93 etc. In recording the measurements: fractions of less than a centimeter should not be noted.

"N.B. - The height and chest of the candidates should be measured twice before coming to a final decision."

5. The candidate will also be weighed and his/her weight recorded in kilograms, half of a kilogram should not be noted.

6. (a) The candidate's eye sight be tested in accordance with the following rules. The result of each test will be recorded.

(b)there shall be no limit for minimum naked eye vision but the naked eye vision of the candidate shall, however, be recorded by the Medical Board or other authority in every case, as it will furnish the basic information in regard to the condition of the eye.

(c)The following standards are prescribed for distant and near vision with or without glasses.

Distant vision	Near vision
6/9 6/12	J/I J/II
6/6 or Nil	J/I Nil

The amount of Hypermetropia and Myopia shall not exceed 5D, has normal fundus and normal field of vision. Normal colour vision wherever required:Provided the Board is satisfied that the candidate can perform all functions of a Judicial Officer.

(d)In every case of Myopia, funds examination should be carried out and the results recorded. In the event of pathological condition being present which is likely to be progressive and effect the efficiency of the candidate, he/she should be declared unfit. Total amount of Hypermetropia (including the cylinder) shall not exceed 8D.

(e)Field of vision. - The field of vision shall be tested by the confrontation method, when such test gives unsatisfactory or doubtful results, the field of vision should be determined on the perimeter.

(f)Night Blindness. - Broadly there are two types of night blindness, (1) as result of Vit. A deficiency and (2) as a result of Organic Disease of Patina. Common cause being petinit in pigmentosa. In (1) the fundus is normal, generally seen in younger age-group and ill nourished persons and improves by large dose of Vit. A. In (2) the fundus is often involved and mere fundus examination will reveal the condition in majority of cases. The patient in this category is an adult, and may not suffer from malnutrition. Persons seeking employment for higher post in the Government will fall in this category. For both (1) and (2) dark adaptation test will reveal the condition for (2) specially when fundus is not involved elector Petinograph is required to be done. Both these tests (dark adaptation and petinography) are time consuming and required specialised set up, and equipments; and thus are not possible as a routine test in medical check up. Because of these technical consideration, it is for the Department to indicate if these tests for night blindness are required to be done. This will depend upon the job requirement and are required to be done. This will depend prospective Government employee.

N.B. - Colour perception should be graded into a higher and lower grade depending upon the size of aperture in the lantern as described in the table below :-

Grade	Higher Grade of Colour perception	Lower Colour	Grade of Perception
1.	Distance between the lamp and candidate	16'	16'
2.	Size of aperture	1.3 m.m.	1.3 m.m.
3.	Time of exposure	5 seconds	5 seconds

Satisfactory colour vision constitute recognition with case and without hesitation of signal red, signal green and white colours. The use of Isha/as plates, shown in good light and a suitable lantern line Edridge Greetnts shall be considered quite dependable for testing colour while sufficient in respect of the services concerned with road, rail and air traffic it is essential to carry out the lantern test. In doubtful cases where a candidate fails to qualify when tested by only one of the two tests, both the tests should be employed.

(h)Ocular conditions other than visual acuity.

(i)Any Organic Disease or a Progressive refractive error, which is likely to result in lowering the visual acuity should be considered disqualification.

(ii)Squint. - The presence of squint should not be considered as a disqualification, if the visual acuity is of the prescribed standard.

(i)Contact Lenses. - Contact Lenses may be allowed.

Blood Pressure:The Board will use its discretion regarding blood pressure. A rougn method of calculating normal maximum systolic pressure is as follows:-

(i)with young subjects 15-25 years of age the average is above 100 plus the age.

(ii)with subjects over 25 years of age the general rule of 110 plus half the age seems quite satisfactory.

N.B. - As a general rule any systolic pressure over 140 and diastolic over 90 should be regarded as suspicious and the candidate should be hospitalized by the Board before giving their final opinion regarding the candidate's fitness or otherwise. The hospitalization report should indicate whether the rise in blood pressure is of a transient nature due to excitement etc. or whether it is due to any organic disease. In all such cases X-Ray and electro-cardiographic examinations of heart and blood urea clearance test should also be done as a routine. The final decision as to the fitness or otherwise of the candidate will, however,-rest with the Medical Board only.Method of Taking Blood PressureThe mercury manometer type of instrument should be used as a rule. The measurement should not be taken within fifteen minutes, of any exercise or excitement. Provided the patient and particularly his/her arm is relaxed he/she may be either lying or sitting. The arm is supported comfortably at the patient's side in a more or less horizontal position. The arm should be freed from clothes to the shoulder, the cuff completely, deflated should be applied with the middle of the rubber over the inner side of the arm and its lower edge as an inch or two above the bend of the elbow. The following turns of cloth bandage should spread evenly over the bag to avoid bulging inflation.The brachial artery is located by palpitation and the bend of the elbow and the stethoscope is then applied lightly and centrally over it below, but not in contact with the cuff is inflated to about 200 mm. Hg. and then slowly deflected. The level at which the column stands when soft successive sound are heard represents the systolic pressure. When more air is allowed to escape the sounds will be hurled to increase intensity. The level at which the column will hear clear sounds change to soft muffled fading sounds represents the diastolic pressure. The measurements should be taken in fairly brief period of time as prolonged pressure of the cuff is irritating to the patient and will vitiate the reading. Rechecking if necessary should be done only a few minutes after complete deflection of cuff, (sometimes as the cuff is deflated sounds are heard at a certain level) they may disappear as pressure falls and re-appear at a still lower level. This 'Silent Gap' may cause error in reading.

8. The urine passed in the presence of the Examiner should be examined and the result recorded. Where a Medical Board finds sugar present in a candidate's urine by the usual chemical test the Board will proceed with the examination with all its other aspects and will also specially note the signs or symptoms suggestive of diabetes. If except for the glycosuria the Board finds the candidate confirms to the standard of medical fitness required they may pass the candidate "fit subject to the glycosuria being non-diabetic" and the Board will refer the case to a specified specialist in Medicine who has hospital and Laboratory facilities at his disposal. The Medical Specialist will carry out whatever examinations, clinical and Laboratory he/she consider necessary including a standard blood, sugar tolerance test, and will submit his/her opinion to the Medical Board upon which the Medical Board will base its final opinion "fit or unfit". The candidate will not be required to appear in person before the Board on the second occasion. To exclude the effect of medication it may be necessary to retain a candidate for several days in hospital, under strict supervision.

9. A woman candidate who as a result of tests is found to be pregnant of 12 weeks' standing or over, should be declared temporarily unfit until the confinement is over. She should be e- examined for fitness certificate six weeks after the date of confinement, subject to the production of medical certificate of fitness from a registered medical practitioner.

10. The following additional points should be observed :

(a)That the candidate hearing in each ear is good to the extent that he can hear a forced whisper at a distance of 10 ft. With his back towards his examiner and there is no sign of disease of the ear. Each ear should be examined separately. In case it is defective the candidate should be got examined by ear specialist. Provided that if the defect in hearing is remediable by operation or by use of a hearing aid a candidate can not be declared unfit on that account provided he/she has no progressive disease in the ear.

1.	Marked or total deafness in one ear, other ear being normal.	Fit for non jobs if the deafness is upto 30Decibel in high frequency.
2.	Percentive deafness in both ears in which some improvement ispossible by a hearing aid.	Fit in respect of both of technical andnon-technical jobs if the deafness is up to 20 Decibel in speechfrequencies or 1000 to 4000.
3.	Perforation or tympanic membranes Central or marginal type.	(i) One ear normal other perforation or tympanicmembranes present temporarily unfit.Under improvedconditions of Ear Surgery a candidate with marginal or otherperforation in both ears should be given a chance by declaringhim temporary unfit and then he may be considered under 4 (ii)below ;-(ii) Marginal or attic formation in both ears unfit.(iii) Central perforation both ears Temporarily unfit.
4.	Ears with mastoid cavity subnormal hearing on one side/on bothsides.	(i) Either ear normal hearing other ear mastoidcavity fit for both technical and non-technical jobs.(ii)Mastoid cavity of both sides. Unfit for technical job fit for nontechnical job if hearing improves to 30 Decibels in either earwith or without hearing aid.
5.	Persistently discharging ear operated/unoperated.	Temporarily unfit for both technical andnon-technical jobs.
6.	Chronic inflammatory/allergic conditions of nose with orwithout bony nasal septum.	(i) A decision will be taken as percircumstances of individual cases.(ii) If divided nasalseptum is present with symptoms, temporarily unfit.
7.	Chronic inflammatory conditions of tonsils and/or Larynx.	(i) Chronic inflammatory conditions of tonsilsand/or Larynx-fit.(ii) Hoarseness of voice of severe degreeif present then temporarily unfit.
8.	Benign or locally malignant tumours of the B.N.T.	(i) Benign tumours-Temporarily unfit.(ii)Malignant Tumours-Temporarily unfit.
9.	Otosclerosis.	If the hearing is within 30 Decibels afteroperation or with the help of hearing aid-fit.
10.	Congenital defects of ear, nose or throat.	(i) If not interfering with functions fit.(ii)Stuttering of service degree-unfit.
11.	Nasal Poly	Temporarily unfit.

(b)that his speech is without impediment;

(c)that his teeth are in good order and that he is provided with dentures where necessary for effective mastication (well filled teeth will be considered sound);

(d)that the chests is well formed and his chest expansion is sufficient; and that his heart and lungs are sound;

(e)that there is no evidence of any abdominal disease;

(f)that it is not ruptured;

(g)that he does not suffer from hydrocele, severe degree of varicels, varicose veins or piles;

(h)that his limbs, hands and feet are well formed and developed and that there is free and perfect motion of all his joints;

(i)that he does not suffer from any inveterate skin disease;

(j)that there is no congenital malformation or deficit;

(k)that he does not bear traces of acute or chronic disease pointing to an impaired constitution;

(l)that he bears marks of efficient vaccination; and

(m)that he is free from communicable disease.

11. Screening of the chest should be done as a routine in all cases for detecting any abnormality of the heart .and lungs, which may not be apparent by ordinary physical examination, where it is considered necessary a skiagram should be taken.

When any defect is found it must be noted in the Certificate and the Medical Examiner should state his/her opinion whether or not it is likely to interfere with the efficient performance of the duties which will be required of the candidate.Note.- Candidates are warned that there is no right of appeal from a Medical Board, Special or standing, appointed to determine their fitness for the above service if, however, Government are satisfied on the evidence produced before them of the possibility of an error of judgment in the decision of the first Board, it is open to Government to allow an appeal to a second Board. Such evidence should be submitted within one month of the date of communication in which the decision of the first Medical Board is communicated to the candidate, otherwise no request for an appeal to a second Medical Board will be considered.If any medical certificate is produced by a candidate as a piece of evidence about the possibility of an error of judgment in the decision of the first Board, the certificate will not be taken into consideration unless it contains a note by the Medical Practitioner concerned to the effect that it has been given in full knowledge of the fact that the candidate has already been rejected as unfit for service by Medical Board.Medical Board's ReportThe following intimation is made for the guidance of the Medical Examiner.The standard of physical fitness to be adopted should make due allowance for the age and length of service, if any, of the candidate concerned.No person will be deemed qualified for admission to the Public Service who shall not satisfy Government or the appointing authority as the case may be, that he/she has no disease, constitutional affection, or bodily infirmity unfitting him/her or, likely to unfit him/her for that service.It should be understood that the question of fitness involves the future as well as the present and that one of the main object of medical examination is to secure continuous effective service and in the case of candidates for permanent appointment to prevent early pension or payments in case of premature death. It is at the same time to be noted that the question is one of the likelihood of continuous effective service and the rejection of a candidate need not be advised on account of the presence of a defect which is only a small proportion of cases, found to interfere with continuous effective service.The Board should normally consist of three members, (i) a physician, (ii) a surgeon and (iii) an ophthalmologist, all of whom should as far as practicable, be of equal status. A lady doctor will be co-opted as a member of the Medical Board whenever a woman candidate is to be examined.The report of the Medical Board should be treated as confidential. In case where a candidate is declared unfit for appointment in the Government service, the grounds for rejection may be communicated to the candidate in broad terms without giving minute details regarding the defects pointed out by the Medical Board.In cases where a Medical Board considers that a minor disability disqualifying a candidate for a Government Service can be cured by treatment (medical or surgical) a statement to that effect should be recorded by the Medical Board. There is no objection to candidate being informed of the Board's opinion to this effect by the appointing authority and when a cure has been affected it will be open to the authority concerned to ask for another Medical Board.In the case of candidates who are to be declared 'temporary unfit' the period specified for re-examination should not ordinarily exceed six months at the maximum. On re-examination after the specified period these candidates should not be declared temporary unfit for a further period but a final decision in regard to their fitness for the appointment or otherwise should be given.

(A)Candidate's Statement and Declaration

The candidate must make the statement required below prior to his/her medical examination, and must sign the declaration appended thereto. His/her attention is specially directed to the warning contained in the Note below : -

1. State your name in full (in block letters).

2. State your age and birth place.

3. (a) Do you belong to races such as Gorkhas, Garwalis, Assamese, Nagaland Tribes etc. whose average height, is distinctly lower, Answer 'Yes' or 'No' and if the answer is 'Yes', State the name of the race.

(b)Have you ever had smallpox intermittent or any other fever, enlargement or suppuration of glands, spitting of blood, asthema, heart disease, lung disease, fainting attacks, rheumatism, appendicitis; or

(c)any other disease or accident requiring confinement to bed and medical or surgical treatment.

4. When were you last vaccinated?

5. Have you suffered from any form of nervousness due to overwork or any other cause?

6. Furnish the following particulars concerning your family:-

Father's age if living & state of health.	Father's age at death and cause of death.	Number of Brothers living, their ages and stateof health	Number of brothers dead, their ages at and causeof death

Mother's age if living and state of health	Mother's age at death and cause of death	Number of sister living, their ages and state ofhealth	Number of sisters dead, their ages at and causeof death.

7. Have you been examined by a Medical Board before?

8. If answer to the above is Yes" please state what service/services you were examined for?

9. Who was the examining authority?

10. When and where was the Medical Board held?

11. Result of the Medical Board's examination, if communicated to you or if known?

All the above answers are to the best of my belief true and correct.Candidate's signatureSigned in my presence.Signature of the Chairman of the Board.Note.- The candidate will be held responsible for the accuracy of the above statement. By wilfully suppressing any information he/she will incur the risk of losing the appointment and, if appointed, of forfeiting all claim to the superannuation allowance or Gratuity.Report of the Medical Board on(Name of candidate)Physical Examination

1. General development: Good............... Fair...... Poor......... Nutrition; This ........ Average..............Obese .... Height (without shoes)......... Weight............ Best weight.........When ........... Any recent change in weight?...........Temperature............

Girth of chest :-

(1)(After full inspiration)

(2)(after full expiration)

2. Skin: Any obvious disease

3. Eyes: (1) Any disease:

(2)Night blindness:

(3)Defect in colour vision:

(4)Field of vision:

(5)Visual acuity:

(6)Fundus Examination:

Acuity Vision	Naked eyes	With Glasses	Strength of glasses
			Sph.	Cyl.	Axis.
Distant Vision	RELE
Near Vision	RELE

4. Ears: inspection .............Hearing Right Ear........

5. Glands.......... Thyroid............

6. Condition of teeth.......

7. Respiratory system: Does physical examination reveal anything abnormal in the respiratory organs?

8. If any, explain fully, Circulatory system:

(a)Heart : Any-Organic lesions ? Rate: Standing............

After hopping 25 times ........

2. minutes after hopping....................

(b)Blood pressure : Systolic..........Diastolic .........

9. Abdomen: Girth.........Tenderness.............Hernia.......

(a)Palpable : Liver...........Spleen......... Kidneys........ Tumours ............

(b)Hemorrhoids................Fistula..........

10. Nervous system: Indications of nervous of mental disabilities .................

11. Loco-Motor system : Any abnormality.............

12. Genito-Urinary system : Any evidence of Hydrocele, Varicocele etc.......................

(a)Physical appearance (b) Sp. Cr. (c) Albumin (d) Sugar (e) Casts (f) Cells.

13. Report of Screening/X-Ray examination of chest.

14. Is there anything in the health of the candidate likely to render him/her unfit for the efficient discharge of his /her duties in the service for which he/she is a candidate?

Note.- In the case of female candidate, if it is found that she is pregnant of 12 weeks standing or over, she should be declared temporarily unfit vide Regulation 9.

15. (i) State the service for which the candidate has been examined:-

Rajasthan Judicial Service.Note.- The Board should record their findings under one of the following three categories:-

(i)Fit

(ii)Unfit on account of

(iii)Temporary unfit on account of

Place:	Chairman
Date:	Member
	Member.

Regulations for Medical Examination of candidates for appointment to the Rajasthan Judicial Service.

1. To be passed as fit for an appointment under Government in Rajasthan a candidate must be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of the duties of his appointment.

2. The candidate's height will be measured as follows :-

He will remove his shoes and be placed against the standard with his feet together and the weight thrown on the heels and not on the toes or outer sides of the feet. He will stand erect without rigidity and with the heels, calves buttocks and shoulders touching the standard; the chin will be depressed to bring the vertex of the head leave under the horizontal bar and the height will be recorded in inches parts of an inch to quarters. No fixed limit of height is however, enforced.

3. The candidate's chest will be measured as follows:-

He will be made to stand erect with his feet together, and to raise his arms over his head. The tape will be so adjusted round the chest that its upper edge touches the interior angles of the shoulder blade behind and its lower edge the upper parts of the nipples in front. The arms will taken that the shoulders are not thrown upward or back-wards-then be lowered to hand loosely by the side, and care will be wards so as to displace the tape the candidate will then be directed to take a deep inspiration several times, and the maximum expansion of the chest will be carefully noted.The minimum will then be recorded in inches 33, 35 and 34, 361/2 etc.In recording the measurements, fractions of less than half inch should not be noted.

4. The candidate will also be weighed and his weight recorded in pounds. Fraction of a pound should not be noted.

5. (a) The examination for determining the acuteness of vision includes two tests one for distance, the other for near vision, Snellen's test types will be used for the text for distant vision, without glasses at a distance of 20 feet and for the test for near vision, without glasses at any distance selected by the candidate. The standards of the minimum acuteness of vision which will be used for guidance in the examination of a candidate are as follows :-

STANDARD I
RIGHT EYE	LEFT EYE
Distant Vision 6/6	V. 6/6
Near Vision Reads 0.6	Reads 0.6
STANDARD II
BETTER EYE	WORSE EYE
Distant vision V. 6/6	V. Without glass not below 6/60 and after correction
Near vision Reads 6/6	With glasses not below 6/24 Reads-I.
STANDARD III
BETTER EYE	WORSE EYE
Distant Vision V-Without glasses not below 6/24 and aftercorrection with glass not below 6/6	V. Without glass-not below 6/24, and after correction withglasses not below 6/12.
Near Vision Read Read Reads 0-8	Reads I.

(b)Each eye must have a full field of vision, as tested by hand movements.

(c)Squint or any morbid condition of the eyes or of the lids or either eye liable to the risk of aggravation or recurrence will cause the rejection of the candidate.

(d)Each eye will be examined separately and the lids must be kept wide open during the test.

(e)Inability to distinguish principal colours will not be regarded a cause for rejection, but the fact will be noted in the proceedings and the candidate will be informed.

(f)The degree of acuteness of vision of all candidates for appointments will be entered in the proceedings in the following manner :-

V.R.............with glasses........Reads.............V.L..............with glasses........ Reads............

(g)In cases of serious abnormality the opinion of an Ophthalmic specialist should be obtained.

6. The urine (passed in presence of the examiner) Should be examined and the result recorded.

7. The following additional points should be observed:

That the candidate's hearing in each ear is good and that there is no sign of disease of the ear.A candidate who can hear a forced whisper at a distance of ten feet with his back towards the examiner should be considered fit. Each of his ears should be tested separately, the other being plugged with oiled wool for the time being.When any defect is found it must be noted in the certificate and the medical examiner should state his opinion whether or not it is likely to interfere with the efficient performance of the duties which will be required of the candidate. If the condition is remediable by operation it should be so stated.Form of Declaration as to Health to be Completed by Candidate Examined by Medical BoardMedical Examination by Medical BoardStatement by candidate for appointments as........................The candidate must make the Statement required below prior to his examination by a Medical Board and must sign the declaration appended thereto in the presence of that Board.

1. State your name in full

(in BLOCK letters)................................................

2. State place of birth...........................................

3. State your age and date of birth ..............................

4. Furnish the following particulars concerning your family.......

Father's age, if living and state of health	Father's age at death and cause of death	Number of brothers living their ages and state ofhealth	Number of brothers dead, their ages at and causeof death

Mother's age if living and state of health	Mother's age at death and cause of death	Number of sisters living their ages and state ofhealth	Number of sisters dead their ages and cause ofdeath

5. Have any of your near relatives suffered from tuberculosis (consumption, scrofulla, Cancer, asthma, fits, epilepsy, insanity of any other nervous disease)? ...............

6. Have you ever been abroad, where and for what period, and how long since?................

7. Have you ever served the Navy, Army, Air Force or in any Government Department?.....................

8. Have you ever been examined (a) for Life Insurance or/and (b) by any Government Medical Officer, State Medical Board, Civil or Military. If so, state details and with what results?.............

9. Have you ever

(a)had smallpox intermittent or any other fever, enlargement or suppuration of glands, spiting of blood, asthma, inflammation of lungs, pleurisy, heart disease fainting attacks rheumatism, appendicitis, epilepsy, insanity, or other nervous disease, discharge from or other disease, of the ear, syphilis, gonorrhea, or.........

(b)had any other disease or injury which required confinement to bed or medical or surgical treatment of..................

(c)undergone any surgical operation, of...............

(d)suffered from any illness, wound or injury sustained while on active service during the war which began in 1914 or in 1939?.......

10. Have you rupture?..................

11. Have you varicocele, varicose veins, or piles?..............

12. Is your vision in each eye good?...............

(Candidate who wear spectacles are requested to bring prescription of their glasses with them).

13. Is your hearing in each ear good?................

14. Have you any congenital or acquired malformation, defect or deformity?.................

15. When were you last vaccinated?.................

16. Is there any further matter concerning your health not covered by the above questions which should be communicated to the Medical Board? ...............

Declaration of Candidate(To be signed in presence of the Medical Board)I declare all the above answers to be, to the best of my belief, true and correct.I wilfully reveal to the Medical Board all circumstances within my knowledge that concern my health and fitness for the appointment for which I am a candidate.I am fully aware that by wilfully suppressing any information I shall incur the risk of not obtaining the appointment, or of losing it if granted.

Signed in presence of	….........................
Date.................	Candidate's Signature.
	Chairman of Medical Board

Report of Medical Board

	Questions	Answers	Remarks
1.	Has the declaration above been signed by thecandidate?
2.	Are there any evidence ofmalformation-congenital or acquired?
3.	Is he free from scars and has he the full use ofall his limbs?
4.	Are there any indications of a decidedcacheticor diathetic state of constitution?
5.	Has the candidate been satisfactorily vaccinatedwithin the last seven years?
6.	Are there any signs of disease of the nervoussystem?
7.	Is the hearing good?
8.	Is the sight good?
9.	Is the speech good as regards articulation?
10.	Are there any signs of disease of the bones,joints or parts connected therewith?
11.	Is there any important affection of the skin?
12.	Are the heart and arteries healthy?
13.	Has the candidate hemorrhoids, varicocele orother affections of veins?
14.	Is there any evidence of disease of therespiratory organs?
15.	Are there any signs of disease of the digestiveorgans? Are the teeth seriously decayed or otherwise defective?
16.	Is the candidate free from rupture?
17.	Is there any indication of disease of thegenital organs?
18.	Is the urine free from (1) Albumin (2) Sugar?Is the urine otherwise normal?
19.	Is there anything in the health of the candidatelikely to render him unfit for the efficient discharge of theduties?
20.	Do you consider the candidate in all respects,qualified for the efficient and continuous discharge of theduties of?

V

[See Rule 26 (3)]Special pays admissible to members of the Rajasthan Judicial Service.

Serial Number	Name of post	Amount per mensem	Remarks
1	2	3	4
1.	Deputy Registrar Rajasthan High Court.	Rs. 100/-	Special pay.

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