New Eligibility Criteria, Expanded LDCE Quota and Fresh Seniority Roster Introduced for Higher Judiciary
JAMMU, June 19 :
In a significant move aimed at restructuring the judicial recruitment and promotion system in Jammu and Kashmir, the Government has notified comprehensive amendments to the Jammu and Kashmir Higher Judicial Service Rules, 2009, introducing far-reaching changes in the appointment, promotion, eligibility and seniority mechanisms governing the Higher Judicial Service.
The amendments have been carried out by the Lieutenant Governor in consultation with the High Court of Jammu & Kashmir and Ladakh under the powers vested through Article 309 read with Article 233 of the Constitution of India.
Official documents reveal that the revised rules substantially reshape the existing framework for induction of District Judges and other officers into the Higher Judicial Service, while creating enhanced avenues for deserving judicial officers and experienced legal practitioners.
One of the key reforms introduced through the notification is the creation of a new category termed as “In-Service Candidates”. Under the amended provisions, members of the Jammu & Kashmir and Ladakh Judicial Service possessing a combined experience of at least seven years as Judicial Officers and Advocates shall now be eligible to compete for direct recruitment to the Higher Judicial Service.
The Government has also broadened the definition of “Advocate” by including practicing advocates, pleaders, government pleaders and public prosecutors within its ambit.
In another major development, the quota earmarked for regular promotions has been revised. The share of vacancies filled through promotion on the basis of merit-cum-seniority has been reduced from 65 percent to 50 percent, restoring the position that originally existed under the 2009 Rules.
Simultaneously, the quota for Limited Departmental Competitive Examination (LDCE) has been enhanced from 10 percent to 25 percent. The move is expected to provide greater opportunities for meritorious Civil Judges (Senior Division) to secure accelerated entry into the Higher Judicial Service through a competitive process.
The eligibility conditions for appearing in the LDCE have also been relaxed. While earlier a judicial officer generally required five years’ service as Civil Judge (Senior Division), the amended rules now permit officers with three years’ service in the cadre, subject to an overall judicial service of seven years, to compete in the examination.
The revised rules further alter the composition of the direct recruitment channel. The 25 percent quota reserved for direct recruitment shall now be accessible not only to eligible advocates but also to qualified in-service candidates possessing the prescribed experience.
According to the amended provisions, recruitment under this category shall be conducted through a written examination followed by viva voce under the supervision of the High Court.
The Government has also introduced a detailed examination pattern for the Limited Departmental Competitive Examination. The selection process will comprise written papers, performance assessment and viva voce carrying a total of 280 marks.
The written examination will include papers on law and procedure as well as judgment writing, while performance assessment shall evaluate annual confidential reports, quality of judgments and disposal of contested cases.
To ensure merit-based selection, the amended rules prescribe minimum qualifying benchmarks. Candidates will be required to secure prescribed minimum marks in each component of the examination as well as in the aggregate for consideration against available vacancies.
In another significant reform, the Government has replaced the existing provisions governing seniority and introduced a new roster-based mechanism for determining inter-se seniority among officers recruited from different sources.
The revised system establishes a four-point roster and lays down detailed norms for regulating seniority in situations involving delayed recruitment processes or unfilled vacancies, aiming to reduce disputes and ensure uniformity in service matters.
Legal observers believe the amendments mark one of the most extensive reforms undertaken in the Higher Judicial Service framework in recent years and are expected to have a long-term impact on judicial administration, career progression and manpower management within the subordinate judiciary of Jammu and Kashmir.(KNC)