COMPETITIVE EXAMINATION FOR DIRECT APPOINTMENT TO HARYANA SUPERIOR JUDICIAL SERVICE - 2019

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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 134–2019/Ext.] CHANDIGARH, WEDNESDAY, AUGUST 7, 2019 (SRAVANA 16, 1941 SAKA) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Notification

The 7th August, 2019

Annexure 'L'

No. 144 Gaz. I/VI.F.2.—

COMPETITIVE EXAMINATION FOR DIRECT APPOINTMENT TO HARYANA SUPERIOR

JUDICIAL SERVICE - 2019

Applications are invited for selection to 11 (Eleven) posts (5 from General category, 2 from Scheduled Caste Category, 2 from Backward Class category (A), 1 from Backward Class category (B) and 1 from Economically Weaker Sections) for appointment to Haryana Superior Judicial Service by way of direct recruitments (i.e. 25% of quota) from amongst the eligible Advocates from the Bar, through competitive examination under Rule 6(1)(c) of Haryana Superior Judicial Service Rules, 2007, in the prescribed Application Format (Annexure-1 page 8-10). The High Court of Punjab and Haryana, Chandigarh reserves the right to alter (on either side) the number of vacancies notified.

Last date for submission of application and eligibility in all respects for the candidates shall be 26.08.2019.

Note.—

• Where in any recruitment year any vacancy earmarked for Economically Weaker Sections (EWS) cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog and will be filled from unreserved category.

• Persons belonging to Economically Weaker Sections (EWS) selected against the quota for persons with benchmark disabilities/Ex-servicemen shall be placed against the roster points earmarked for EWS.

2. AGE:-

• Candidate must have attained the age of 35 years and must not have attained the age of 45 years on 1st day of January, 2019.

Note.—

For SC/ST/BC candidates of Haryana State, the upper age limit is relaxable by 5 years and for Persons with disability shall be relaxable by ten years (15 years for SC/BC).Upper age limit relaxation is available to the candidates belonging to the reserved categories as per instructions issued by the Government of Haryana from time to time in this regard.

(2764)HARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA) 2765

3. ELIGIBILITY/QUALIFICATION:-

A candidate for direct recruitment to the service:

(a) must be a citizen of India; and

(b) must have been duly enrolled as an Advocate and must have been in practice for a period not less than seven years on the last date of submission of application i.e. 26.08.2019;

(bb) must be an income tax assessee for at least three assessment years preceding the date of application, with gross professional income of not less than rupees five lakhs per annum. The applicant shall also be required to attach the proof of his independent engagement and conducting of not less than fifty cases (other than bunch cases) per year in the preceding three years;

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, physically challenged persons and Ex-servicemen, the gross annual income shall not be less than rupees three lakhs per annum and the condition of independent engagement and conducting of cases shall be forty cases (other than bunch cases) per year in the preceding three years.

(c) must have attained the age of thirty five years and have not attained the age of forty five years on the 1st day of January of the year in which the applications for recruitment are invited; and

(d) must have knowledge of basic computer application for usage purposes.

(e) he/she must not have more than one spouse living.

(Provided that the Governor may, if satisfied that there are special grounds for doing so, exempt any person from the operation of this sub-rule).

(f) he/she must have passed matriculation examination with Hindi as one of the compulsory or elective subjects or any other equivalent examination in Hindi language, specified by the Government from time to time.

Note.—

In light of orders dated 10.05.2019, passed by Hon'ble Supreme Court of India in S.L.P. (C) No.14156 of 2015 titled as 'Dheeraj Mor Vs. Hon'ble High Court of Delhi, 'In-service' candidates can not apply for the said posts.

4. DISQUALIFICATION FOR APPOINTMENT:

No person shall be qualified for appointment to the Service or being in Service:

(i) if he/she has more than one spouse living;

(Provided that the High Court of Punjab and Haryana, Chandigarh may, if satisfied that there are special grounds for doing so, exempt any person from the operation of this sub-rule).

(ii) if he/she has been dismissed or removed from service by any High Court, Government or Statutory Body of Local Authority;

(iii) if he/she was or is convicted for any offence involving moral turpitude or has been permanently debarred or disqualified by any State or Union Government, High Court or Union Public Service Commission or any State Public Service Commission from appearing in any examination or interview;

(iv) if he/she, being an Advocate, was found guilty of professional misconduct under the provisions of Advocate Acts, 1961 (Central Act 25 of 1961) or other law for the time being in force.

5. EXAMINATION FEE:

Examination Fee of `1000/- (One thousand only) for General Category candidates and `500/- (Five hundred only) for SC/ST/BC and women candidates by way of Demand Draft in favour of the Registrar General, High Court of Punjab and Haryana, Chandigarh payable at Chandigarh.

6. SYLLABUS AND FORMAT OF EXAMINATION:

(i) The selection would be on the basis of written test of 750 marks and viva voce of 250 marks, to be conducted by the High Court of Punjab and Haryana, Chandigarh.

(ii) The written test and viva-voce shall be conducted in English medium except the language paper.

(iii) Syllabus and format of written test will be as per Annexure-2 (page 11).

(iv) Only the candidates securing 40% or more marks in each paper will be called for viva-voce. But merely securing 40% or more marks would not confer any right to be called for viva voce. The High Court of Punjab and Haryana, Chandigarh shall have the discretion to shortlist the candidates equal to three times the number of vacancies for viva-voce. Further, no candidate will be considered to have successfully qualified the Haryana Superior Judicial Service Examination unless he/she obtains 50%2766 HARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA) marks (read 45% marks for the SC/ST/BC category candidates) in the aggregate out of the total marks fixed for the written test and viva-voce. It is also made clear that no candidate will get the right to be appointed even if he/she obtains 50% marks (read 45% marks for the SC/BC category candidates) in the aggregate of the written test and viva-voce. However, candidates will be appointed strictly in the order of merit (category wise) in which they are placed after the result of written test and viva-voce.

7. OTHER IMPORTANT INFORMATION:

1. 'No Objection Certificate' of the employer (for those candidates who are in government service such as in prosecution department, Advocate General office etc.) is not required at the time of applying. Candidates are directed to only intimate their employer at this stage. No Objection Certificate on the format Annexure-3 (page no. 12) from the Competent Authority will have to be produced at the time of the viva-voce.

2. The last date for submission of application forms for the Advocates enrolled with the District/ Sub-Divisional Bar Associations of Punjab, Haryana and U.T., Chandigarh is 26.08.2019 till 5:00 PM. All such Advocates will submit the application forms in the office of District and Sessions Judges concerned on or before the last date i.e. 26.08.2019 till 5:00 PM. Ld. District & Sessions Judge must forward the same immediately to the O.S.D.(Recruitment), High Court of Punjab and Haryana, Chandigarh, mentioning the date of receipt of each application.

All others will send/submit the application forms directly to the O.S.D. (Recruitment), High Court of Punjab and Haryana, Chandigarh through Co-ordination Branch, High Court of Punjab and Haryana, Chandigarh in an envelope superscribed as "Application for the post of Additional District Judge in the State of Haryana" on or before 26.08.2019 till 5:00 PM. Incomplete applications and applications received after 26.08.2019 shall not be entertained.

3. The reservation and eligibility for SC/ST/BC/PH (Differently Abled Persons)/Ex-servicemen candidates shall be admissible in accordance with the Policy/Rules/Instructions issued by the Government of Haryana from time to time.

4. The benefit of reservation is admissible only to bonafide domiciles/residents of State of Haryana.

5. The candidates belonging to the Backward Classes apart from Backward Class certificate are also required to attach a declaration (Annexure-4 page 13) that no change occurred in their status and they do not fall in the section of creamy-layer as per Haryana Government instructions dated 15.07.2014 and letter dated 31.08.2010.

6. Physically Handicapped (Differently Abled Persons), Haryana: The benchmark disabilities as mentioned in the Rights of Persons With Disabilities Act, 2016 for purpose of reservation in employment, are as under:-

(a) blindness and low vision;

(b) deaf and hard hearing;

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims

and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness

in the posts identified for each disabilities:

7. The decision of the High Court of Punjab and Haryana, Chandigarh regarding the eligibility of the candidates for admission to the examination shall be final.

8. Success in the examination does not confer any right to appointment unless the Government in consultation with the High Court of Punjab and Haryana, Chandigarh is satisfied after such enquiry as may be considered necessary that the candidate is suitable in all respects for appointment.

9. Candidates shall attach the self attested copies of requisite certificates alongwith the Application Form.

10. The original certificates alongwith the self attested copies will also have to be produced at the time of viva-voce.

11. Candidates should ensure that they fulfill all the eligibility conditions for admission to the examination. Their admission to the examination will be purely provisional subject to the fulfillment of eligibility criteria of age, educational qualification, nationality etc. as per relevant Rules and Instructions issued by the Government from time to time. If on verification at any stage, it is found that they do not fulfillHARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA) 2767 any of the eligibility conditions, their candidature will be cancelled. If any of their claim(s) is found to be incorrect at any stage, they shall also render themselves liable to disciplinary action by the High Court of Punjab and Haryana, Chandigarh.

12. No claim that an application form has been lost or delayed in the post office/courier service will be considered nor any representation against its rejection due to late receipt will be entertained.

13. All communications in respect of the applications should be addressed to the O.S.D. (Recruitment), High Court of Punjab and Haryana, Chandigarh through Co-ordination Branch, High Court of Punjab and Haryana, Chandigarh and should contain the following particulars:-

Name of examination:

Month and year of examination:

Roll No. (if communicated to the candidate)

Name of the candidate:

Father's Name:

Address as given in the application form:

Communications not containing these particulars shall not be attended to. Envelopes containing correspondence with the High Court of Punjab and Haryana, Chandigarh concerning this examination should always carry the words "Haryana Superior Judicial Service Examination- 2019".

15. Each application must also be accompanied by:-

(a) Three recent and identical passport size photographs duly signed by the candidate and attested by a Gazetted Officer (one to be pasted on the top right hand corner of the application form and others to be tagged with the application form).

(b) Two character certificates from two respectable persons, (one of which must be issued by the President/Secretary of the Bar Association where the candidate is practicing).

16. Instructions to the candidates for the written test are enclosed as Annexure-5 (page 14).

17 Candidates shall attach proof of Gross Professional Income and List of Number of Court cases conducted as per the proforma enclosed as Annexure-6 (page 15-16).

18. The category of reservation and all other information once filled in the application form, shall not be allowed to be changed.

19. No travelling expenses or allowances will be payable to any candidate for appearing in written test/viva-voce. However, the Scheduled Caste candidates, if called for written test/viva-voce shall be entitled for travelling allowance, as per relevant instructions of the Haryana Government. 20. Any other terms and conditions not specifically mentioned above shall be governed in accordance with the Haryana Superior Judicial Service Rules, 2007 and rules/resolutions/instructions issued by the Government of Haryana from time to time.

21. All announcements/information regarding this recruitment process will be notified on the official website of this Court i.e. www.highcourtchd.gov.in. All the candidates are advised to regularly visit the website in their own interest. High Court of Punjab and Haryana, Chandigarh shall not be responsible for missing or non-receipt of any information on account of his/her failure to checkup with the official website from time to time.

22. The candidature of the applicants would be provisional subject to the fulfillment of eligibility criteria of age, educational qualification, nationality etc. as per relevant Rules and instructions issued by the Government of Haryana from time to time.

23. The candidates dismissed by the Central or any State Government or their Board or Corporations, shall not be eligible to apply for this post.

8. HOW TO APPLY:

Any person, who fulfills the above said conditions, may apply to the O.S.D. (Recruitment), High Court of Punjab and Haryana, Chandigarh through Co-ordination Branch, High Court of Punjab and Haryana, Chandigarh in an envelope superscribed as "Application for the post of Additional District Judge in the State of Haryana" on or before 26.08.2019 till 5:00 PM. Application Form should be got typed and completed.

BY ORDER OF HON'BLE THE CHIEF JUSTICE AND JUDGES.

O.S.D. (RECRUITMENT) for Registrar General.

Annexure-1

APPLICATION FOR THE POST OF ADDITIONAL DISTRICT & SESSIONS JUDGE IN THE

STATE OF HARYANA.

1. Please read the notification carefully before filling the application form

2. No column be left blank.

(i) Name :

(In Block Letters)

Paste your recent (ii) Father's/Husband's Name:

attested passport (iii) Nationality :

(iv) Date of Birth :

size photograph (Self attested copy of Matriculation or equivalent examination certificate to be

here attached.)

(v) Actual age as on 01.01.2019 i.e. ______years_____months_____days

(vi) Academic qualifications, with distinctions attained, if any (Self attested copies of relevant certificates to be attached).

Detail of Academic Qualifications

Sr. No. Year Examination Percentage of

Marks

Name of Board/

University

(vii) Date of enrollment as an Advocate:

(Attach self attested copy of Enrollment Certificate under the Advocates Act.)

(viii) Details of practice as an Advocate.

(Attach certificate of experience at the Bar issued by the President/Secretary of the Bar concerned and counter signed by the District Judge in case of District and Sub-Division Bar. In the case of candidates practicing in the High Court, no counter signatures are necessary.)

(ix) Are you in Government Service. Yes / No

If yes, give the following details:

Name of Department Post held Post held since Remarks

(x) In case the candidate has remained out of practice for some time after passing law, he/she must give detail of the activities performed during the said period.

(xi) Give details of fee:-

Name of the Bank______________________

Bank Draft No.____________ dated ___________ Amount ____________

(xii) Complete Postal Address (In Block Letters),

(Mentioning Post Office, Sub-Division, District, State and PIN Code).

(a) Permanent:

(b) Present:

(c) E-mail address, if any:

(Please ensure that the E-mail is active)

(d) Mobile Number, if any:

(e) Landline Number, if any

(xiii) (a) Are you married?:

(b) If the answer to (a) is 'Yes', Do you have more than one living spouse?

(xiv) Marks obtained in matriculation examination in the language paper i.e. Hindi (In Devnagri Script) (Self attested copies of the relevant certificates be attached).

(xv) Do you belong to Scheduled Caste/Scheduled Tribe/Backward Classes recognized by the Government, if so, (i) mention your Caste, (ii) Designation of the issuing authority of SC/ST/BC certificate, (iii) state specifically the category under which you claim reservation.

(xvi) Are you a bonafide domicile of State of Haryana. (In case candidate claims reservation under any category, he/she must furnish domicile certificate issued by the State of Haryana).

(xvii) Have you ever been convicted/acquitted/discharged by any Court of law? If yes, give details of the case and mention the punishment/sentence awarded, if any. Copy of the judgment be also attached.

(xviii) Whether any criminal case is pending/registered against you? If yes, give complete details of the case and its present status with relevant documents.

(xix) Whether you have ever been suspended, discharged, terminated, removed, reduced in rank or dismissed from service by the Central or the State Government or the Boards or Corporation? If 'Yes', give details and mention reasons/circumstances of such dismissal etc. with relevant documents.)

(xx) The candidate may furnish any other information in support of his/her candidature (e.g. membership of Professional Societies, conferences/seminars attended, papers published and annual professional income).

(xxi) (a) Attach copies of Income Tax returns for at least three assessment years.

(b) State Gross Professional Income:________________

(xxii) State and attach proof of Independent engagement and conducting of not less than fifty cases (other than bunch cases) for general categories and forty cases for the Scheduled Castes, Backward Class and physically challenged persons, per year in the preceding three years.

(xxiii) Whether two recent duly attested passport size photographs are attached?_________________.

(xxiv) Whether list of Documents is enclosed?_________________.

Place:_____________

(Signature of the Candidate) Date:______________

with address for correspondence.

Declaration

(I) I hereby declare that all the statements made in this application form above are true and correct to the best of my knowledge and nothing has been concealed or misrepresented. In the event of any information being found false/incorrect/ concealed or misrepresented at any stage, my candidature shall be liable to be cancelled and I shall also be liable for appropriate legal action including dismissal, removal etc. even after appointment.

(II) I have perused and accepted the Terms and Conditions mentioned in the Notification as well as in the Annexures 2 to 6.

Place:_____________

(Signature of the Candidate), Date: _____________

(In Full)

with address for correspondence.

__________________________

__________________________ (Thumb impression of the Candidate) L.T.I (for male) / R.T.I. (for female)2770 HARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA)

Annexure-2

SYLLABUS FOR WRITTEN TEST FOR DIRECT RECRUITMENT OF ADDITIONAL DISTRICT & SESSIONS JUDGES IN THE STATE OF HARYANA.

CIVIL LAW-I

1. Indian Contract Act, 1872

2. Code of Civil Procedure, 1908

3. Registration Act, 1908

4. Specific Relief Act, 1963

5. Transfer of Property Act, 1882

6. Limitation Act, 1963

CRIMINAL LAW

1. Indian Penal Code, 1860

2. Narcotic Drugs and Psychotropic Substances Act, 1985

3. The Prevention of Corruption Act, 1988

4. Code of Criminal Procedure, 1973

5. Indian Evidence Act, 1872

CIVIL LAW-II

1. Constitutional Law

2. Interpretation of Statutes

3. Hindu Law

4. Rent Law

(LANGUAGE PAPER) (MEANT FOR HARYANA)

1. English (Consisting of Essay and Precis)

2. Hindi (Consisting of Essay and Precis)

PAPER-V (GENERAL KNOWLEDGE)

Objective type multiple choice 100 questions.

FORMAT OF THE WRITTEN TEST (HARYANA)

1. PAPER I

3 hours 200 marks

Subjective/narrative type questions

2. PAPER II

3 hours 200 marks

Subjective/narrative type questions

3. PAPER III

3 hours 200 marks

Subjective/narrative type questions

4. PAPER IV

3 hours 100 marks

English (Consisting of Essay and Precis)

(50 marks)

Hindi (Consisting of Essay and Precis)

(50 marks)

5. PAPER V

2 hours 50 marks

General knowledge

100 Objective type multiple choice questions -------------

Total 750 marks

-------------

Note:-

i. "Keeping in view the number of applications received, the High Court of Punjab and Haryana,

Chandigarh may hold a preliminary examination for short listing the candidates, consisting of

objective type questions from the syllabus as prescribed for the written test."

ii. High Court reserves the right to decide ratio for shortlisting the candidate for written test.

Annexure-3

"NO OBJECTION CERTIFICATE"

(To be issued by the Head of the Department in case the candidate is serving in any Government Departments/Semi-Government Departments or in any Corporations/ Boards)

No.___________

Dated:_____________ It is certified that Shri/Ms. ___________Son/Daughter of Shri______________ is serving in this office and the undersigned has no objection if he/she appears in the test for the post of Additional District & Sessions Judge', in the State of Haryana. The service particulars of the candidate are asunder:-

1. Office where employed:

______________________________________ 2. Date of initial appointment:

______________________________________ 3. Date of present employment:

______________________________________ 4. Total length of service:

______________________________________ 5. Present Designation:

______________________________________ 6. Pay Scale:

______________________________________ 7. Regular/ Temporary/ Ad-hoc/ Deputation/ Transfer basis (please Specify)

______________________________________ 8. If on deputation/transfer, give details of the parent office and information about his lien etc.

______________________________________ 9. Lien retained on any post. If yes, Give details ______________________________________ 10. Whether any department proceedings Initiated or likely to be initiated or Minor/ major punishment imposed? ______________________________________ If so, give details:

11. Any other relevant information:

______________________________________

Dated:Signature of the Authority Designation: _______________ Seal2772 HARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA)

Annexure-4

FORM OF DECLARATION REGARDING BACKWARD CLASS STATUS

I, ____________________________________________ S/o D/o Sh. _____________________________ R/o _______________________________________________ belong to backward class (________________Caste) which has been declared as backward class by Government of Haryana. That no change occurred in my previous status and I do not fall in the section of creamy layer as per Haryana Government Instructions dated 15.07.2014 and letter No. 213-SW(1)-2010 dated 31.08.2010.

Signature of CandidateHARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA) 2773

Annexure-5

Instructions for the Candidates

All the candidates are directed to observe the following instructions strictly at the time of written test:

(a) Candidates shall read all the instructions printed on the answer-sheet and question paper and instructions incorporated hereunder carefully and comply with the same strictly. Disobedience may lead to disqualification.

(b) No candidate will be admitted to the examination unless he holds a certificate of Admission/Admit Card from the High Court of Punjab and Haryana, Chandigarh.

(c) No candidate will carry any paper, note-book, writing material, help book having any nexus with the examination. Possession of a mobile phone or any other electronic device in the examination hall is also strictly prohibited.

(d) No candidate will write his/her roll number at a place other than the one prescribed on the answer-sheet.

(e) Any mark including any religious mark on the answer-sheet, whereby an answer-sheet can be identified to be of a particular candidate, is prohibited. Highlighting/underlining of the answers would also be deemed to be identification marks, which will entail disqualification.

(f) Candidates are required to attempt questions in the same order in which they are in the question paper.

(g) Candidates will not talk to each other during the course of the examination.

(h) No candidate will be permitted to leave the examination room before half time of the examination. Half time of the examination will be indicated with the ringing of a bell.

(i) The answer-sheet of the candidate using unfair means will be confiscated and such candidate will stand disqualified. In case of copying, the Invigilator will bring the factual position to the notice of the Floor Incharge, and Floor Incharge will bring the matter to the notice of the Block Incharge, whose decision will be final.

(j) Canvassing in any form or at any stage shall be considered a disqualification.

Undertaking of Instructions

I undertake to abide by the afore-mentioned conditions.

Signature of the candidate ______________________________________

Name (in capital letters) _______________________________________

Roll Number ________________________________________________2774 HARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA)

Annexure-6

Haryana Superior Judicial Service Examination 2019

Self Declaration regarding Eligibility

Name of the Candidate___________________________

Father's Name _________________________________

Category in which applied ________________________

Income Details:-

Note.— Gross income assessed by the Income Tax Department shall be taken into consideration.

Detail of Number of Court Cases:-

Certified that I have attached proof of Gross Professional Income and List of Number of Court Cases conducted, as per rule 11 (bb) of the Haryana Superior Judicial Service Rules, 2007.

Signature of the Candidate with dateHARYANA GOVT. GAZ. (EXTRA.), AUG. 7, 2019 (SRVN. 16, 1941 SAKA) 2775 Case No. Title Case Filed in the Appeared for Status Sr. No.

Court

57265—C.S.—H.G.P., Chd.