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State of Uttarakhand - Section

Section 20 in Uttaranchal Higher Judicial Service Rules, 2004

20. [ Promotion of members of the Uttarakhand Judicial Service. [Substituted by Notification No. 121/XXX(4)/2016-04(03)/2016, dated 25.2.2016.]

- (i) Recruitment by promotion from the members of the cadre of Civil Judge (Senior Division) shall be made by selection by the Chief Justice or Committee constituted by Chief Justice on the principle of merit-cum-seniority. Merit shall be evaluated on the basis of criteria as mentioned hereinafter in sub-rule (iii) of Rule 20.
(ii)The Registry of the Court shall prepare a list of eligible officers in the ratio of 1:3 in order of their seniority and shall place it before the Chief Justice or Committee constituted by the Chief Justice along with the ACRs of the officers. The Registry shall also call for 5 civil as well as 5 criminal judgements of such officers delivered by them within the period of one year prior to 31st March of the year of commencement of recruitment (i.e. from 1st April of the previous year) and shall place it before the Chief Justice or Committee constituted by the Chief Justice along with the list so prepared.
However, it would be open to the Chief Justice or Committee constituted by the Chief Justice to call for other judgements delivered by the officers.Provided that where the concerned Judicial Officer is working on a post in which he does not have to write judgements such as a deputation, post in the High Court or in any other authority or Forum or Government etc., the expression "last one year" shall be construed as the last one year prior to his aforesaid posting on deputation, meaning thereby "such a year" in which he was occupying a post/holding an appointment in which he had to write judgements.Provided further that if the eligible officer is holding the post of Civil Judge (Senior Division) and is not having criminal jurisdiction, then for criminal judgements 'one year' shall be construed for the period he was having jurisdiction over the criminal matters. Likewise, if the officer is posted as Chief Judicial Magistrate and has no jurisdiction over civil matters, then for civil judgements one year shall be construed for the period he was having jurisdiction over civil matters.
(iii)Norms for suitability test/evaluation of merit -
(a) Evaluation of their judgments - 40 marks
(b) Evaluation of Annual Confidential Reports forthe last five years -30 marks
The other part of the suitability test will be the assessment ofthe candidate for his continued efficiency which will be adjudgedon the basis of his service record of preceding 5 years of thesuitability test.
The marking pattern shall be as follows for this section -
Outstanding - 6 marks
VeryGood - 5 marks
Good - 4 marks
Satisfactory/Average/Fair - 3 marks
Poor - No marks
(c)Oral Test – 30 marks  
The final marks obtained shall be worked out to process of averaging, that is to say, by dividing the gross total marks obtained by respective candidate/officer.
(iv)The list shall contain the name of the officer twice the number of vacancies required to be filled up by promotion from the cadre of Civil Judge (Senior Division). for his approval and shall be placed for consideration before the Court.
(v)List prepared by the Selection Committee shall be placed before the Chief Justice
(vi)The Court shall examine the approved list and make a final selection for promotion and forward the same to the Governor.]
Part- VI 21. Forwarding of Select List.- List of selected candidates/officers prepared under Rule 17, 18 & 19 by the court shall be forwarded to the Governor for appointment.