Chennai: The Madras High Court today upheld
a Tamil Nadu notification of July one inviting applications
for direct recruitment to the post of district judges at the
entry level, holding that it did not suffer from any error.
The First Bench of Chief Justice M Y Eqbal and Justice T
S Sivagnanam said it had been categorically stated that the
obligation of filling vacancies as per the three per cent
reservation for disabled persons would be carried out by the
appointing authority at the time of appointment.
The court was dismissing a batch of petitions challenging
the notification for want of transparency, among other things.
The Bench held that the stand taken by the state
government was fully justified in as much as the system of 200
point roster dividing classification granting an equal ratio
of 1:1:1 to the disabled category had been followed.
The court rejected a contention by another petitioner
that the maximum marks allotted to the written exam and viva
voce `shall not be 75 per cent and 25 per cent respectively.`
It cited a recent Supreme Court judgment which held there
was no constitutional infirmity in prescribing a higher
percentage of marks for viva voce test for recruitment to
services like judicial services and administrative services.
On another contention that no syllabi had been prescribed
for the examination, the Judges said "the post of district
judge is a coveted one having multiple responsibilities both
on the judicial and administrative sides." Therefore,
candidates must have a good knowledge of civil,criminal and
other laws and also basic knowledge in general law, they said.
The Bench also dismissed another petition seeking to
declare the Tamil Nadu State Judicial Services (Cadre and
Recruitment) Rules 2007 as `unconstitutional` and consequently
quash the notification.
It referred to another Apex Court decision where it was
held that members of subordinate judiciary were not eligible
to appear in exams for the post of district judges.
However, in view of the urgency of the matter, the Judges
directed the government to notify the date and venue of the
written examination within six weeks.