PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATIONS

(1)

No. A5-24908/2011.

1st September 2011.

Ref:

(1) High Court Notification No. D1 (A) 76126/2005

dated 5-11-2005.

(2) Rule 3 I(c) of the Kerala High Court (Right to

Information) Rules, 2006.

In modification of the High Court Notification refered

to above, the Honourable the Chief Justice, in exercise of

the powers conferred under the rule read above, is

pleased to designate the Assistant Public Relations Officer

of the High Court as the Public Information Officer for the

High Court to deal with the requests for information

received in the High Court under the Right to

Information Act, 2005.

(2)

No. A5-67851/2006.

17th October 2011.

In exercise of the powers conferred by Article 229 of

the Constitution of India, the Honourable the Acting

Chief Justice hereby makes the following amendment to

the Kerala High Court Service Rules, 2007, namely:

Amendment (C.S. No. 15)

In the Rules,

In Annexure 1, in the methods of appointment

prescribed for the category of Superintendent (Vehicles)

(ie.Category 1 under Sub Division 11 of Division 1), the

words “or recruitment by transfer” shall be inserted after

the words “Government Service” occurring in Column 4.

The above amendment shall come into force with

immediate effect.

By order,

A. V. RAMAKRISHNA PILLAI,

Kochi.

Registrar General.

KERALA GAZETTE

PUBLISHED BY AUTHORITY

Government of Kerala

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22nd Nov. 2011]

JUDICIAL DEPARTMENT

106

THE HIGH COURT OF KERALA

NOTIFICATION

No. A1-47320/2009(2).

17th October 2011.

THE KERALA HIGH COURT SERVICE

[CONDUCT OF JUDICIAL TEST (HIGHER)] RULES,

2009]

In exercise of the powers conferred by Article 229 of

the Constitution of India and in implementation of the

provisions of Rule 38 of the Kerala High Court Service

Rules, 2007, the Chief Justice hereby makes the following

rules for the prompt and proper conduct of the Judicial

Test (Higher).

1. The Rules may be called the Kerala High Court

Service [Conduct of Judicial Test (Higher)] Rules, 2009. It

shall come into force at once.

2. Definitions:—The words and the phrases defined

in the Kerala High Court Service Rules, 2007 shall have

the same meaning when used in these rules also. In

these rules, unless the context otherwise requires,—

(a) “Board of Examiners” means the Board of

Examiners in-charge of the conduct of Judicial Test

(Higher), consisting of the Registrar General and Registrar

(Recruitment & Computerisation) of the High Court and

the Director and the Additional Director of the Kerala

Judicial Academy;

(b) “Judicial Test (Higher)” means the test treated

as equivalent to the qualification of possessing the Law

Degree for promotion/appointment by transfer, as provided

in rule 38 of the Kerala High Court Service Rules, 2007;

General of the Hgh Court of Kerala;

(d) “Service” means the Kerala High Court

Service.

3. The High Court shall conduct the Judicial Test

(Higher) Examination every year, preferably during the

summer vacation of the High Court.

4. A member of the Service, who is the holder of a

Degree in any discipline other than Law awarded or

recognised by any of the Universities in Kerala, shall be

eligible to apply for and write the Test, subject to the

further stipulations made in these rules.

5. The applicants will be required to remit an

applications fee of ` 20 and an examination fee ` 150

for each paper of the examination or at such higher rates,

as may be fixed by the Chief Justice from time to time.

The fee shall be paid by Demand Draft drawn in favour

of ‘The Registrar General, High Court of Kerala’ payable

at Ernakulam. Fees once paid will not be refunded.

6. The Test will have three parts, viz., Parts I, II and

III and each part will consist of five papers. The syllabus

shall be as prescribed in the Annexure to these rules.

7. An applicant may opt to appear for one of the

three parts in one year and complete the three parts in

three successive years. It shall be optional for an

applicant to apply for and write the whole of the

examination in three parts in one year or to write the

papers in each part compartmentally.

8. Maximum marks for each paper shall be 100 (as

prescribed in the annexure) and the minimum marks for a

pass in each paper shall be 40. Those membrs of the

service who clear each of the 15 papers with not less

than the stipulated minimum marks shall be declared as

having passed the Test and on such declaration, he (if

otherwise found eligible and suitable) shall be considered

for promotion/appointment by transfer to the categories

for which Judicial Test (Higher) is prescribed as a

qualification.

9. The Examination Wing working under the

Registrar (Recruitment & Computerisation) shall make

necessary arrangements for the conduct of the Test, and

it shall maintain all Registers and Accounts required to be

maintained in connection with the conduct of the Test.

The Accountant of the High Court shall be responsible

for the maintanance of accounts and the financial

transactions pertaining to the conduct of the Test.

10. The Examination Wing will publish on the Notice

Board and in the website of the High Court, during

January every year, a notification inviting applications in

the prescribed format from eligible members of the Service

for the Test to be conducted during that year. Filled in

applications shall be submitted along with the priscribed

fee during the month of February. Applicants need not

submit copies of certificates or testimonials, and their

eligibilities shall be decided on the basis of their service

records maintained by the High Court.

11. Setting of question papers, conduct of the Test,

valuation of answer papers, declaration of results and all

other matters connected with the conduct of the Test

shall be done under the authority and control of the

Board of Examiners. Copying or any other form of

malpractice shall be prohibited. The Board of Examiners

may debar any candidate found to be indulging in any

malpractice from appearing for the Judicial Test (Higher)

permanently.

Provided that the Chief Justice may review the

decision/order and permit any such candidate so debarred,

to appear for the Test after a period of two years.

12. The board of Examiners shall decide the schedule

of examination during the first week of March. As soon

as the schedule is fixed, the Examination Wing will issue

Admission Tickets to the admitted candidates.

13. A panel of serving/retired Law College Lecturers

and or practising Advocates will be maintained for

preparing question papers. Question banks shall be

prepared on various subjects for setting the question

papers. The Board of Examiners shall get two sets of

question papers on each paper set by any member of the

panel and shall select one of the two sets for the test.

After the test, the answer papers shall be collected and

allotted false numbers. Valuation of answer scripts of

each paper shall be entrusted to a member of the panel,

preferably the one who set the question paper. The

remuneration for the members on the panel will be left

open to be decided by the Chief Justice, depending upon

the nature of work in each case.

22nd Nov. 2011]

JUDICIAL DEPARTMENT

107

14. The Board of Examiners shall engage a member

of the Panel or an experienced Officer of the High Court as

the Chief Superintendent and another as the Assistant

Superintendent. The Board of Examiners may also

engage any Officer of High Court as an Invigilator. It shall

be the responsibility of the aforesaid officers to comply

with all procedural formalities required for the conduct of

the test including identification of the candidates,

verification of their signature and compilation of answer

scripts. The Chief Justice may order payment of a

reasonable amount as remuneration to the Examiners, the

Superintendents and the Invigilator.

15. On completion of the examination, the

Superintendent shall record the number of the Main

Answer Book and the Additional Sheets used and shall

hand over the answer books in a sealed cover to the

Registrar (Recruitment & Computerisation).

16. The Board of Examiners shall ensure that there is

no scope for any malpractice or any allegation of

malpractice in the conduct of the test, valuation and

declaration of result.

ANNEXURE

JUDICIAL TEST (HIGHER)

SYLLABUS

Division of Marks

Part I

Jurisprudence &

Jurisprudence—85%

Legal Language

Legal Language—15%

Constitutional Law

Penal Laws

Principles of Criminology

& Penology—5%.

Indian Penal Code—80%.

Principles

adopted

specific Criminal Legisla-

tions like NDPS Act,

Abkari Act,Prevention

of Food Adulteration Act,

etc.—15%.

Law of Torts

Principles of Torts—80%.

Specific Torts like Motor

A c c i d e n t s

C l a i m s ,

C o n s u m e r C l a i m s

(Consumer Protection

Act), Workmen’s Compen-

sation, Fatal Accidents,

Railway Claims—20%.

Law of Contracts

C o n t r a c t

A c t — 7 0 % .

Sale of Goods Act—10%.

Negotiables Instruments

Act—10%.

Specific Relief Act—10%.

Part II

Administrative Law ..

Principles of Administrative

Law and Principles of

Judicial Review—70%.

High Court Act & Rules—

20%.

Ombudsman, Tribunals—10%.

Company Law

Companies Act &Rules—

80%.

SEBI & related Legislations

20%.

Property Laws

Transfer of Property Act—

70%.

Land Acquisition Act—10%.

Land Assignment Act—10%.

Registration Act—5%.

Stamp Act—Central &

State—5%.

Service Laws

Constitutional Principles

(Articles 309-312)—10%.

Kerala Service Rules—20%.

Kerala State & Subordinate

Service Rules

Part I &II —20%.

Kerala Government Servants’

Conduct Rule—10%.

Kerala

Civil

Services

(Classification, Control &

Appeal) Rules—20%.

Kerala High Court Service

Rules—10%.

High Court Office Manual

— 10%.

10.

Family Law

Law of Marriage & Divorce

(Hindu,

Muslim

Christian)—40%.

Law of Succession (Hindu,

Muslim & Christian)—40%.

Law of Guardianship &

Adoption—10%.

Law of Maintenance—10%.

Part III

11.

Law of Elections

Law

Elections

Legislative Assembly &

Parliament—85%.

Law of Elections to Local

Self Government Institu-

tions—15%.

22nd Nov. 2011]

JUDICIAL DEPARTMENT

108

12.

Civil Procedure

Civil Procedure Code—70%.

Kerala Court Fees & Suits

Valuation Act—15%.

Kerala Civil Rules of

Practice—15%.

13.

Criminal Procedure

Criminal Procedure Code

—80%.

Criminal Rules of Practice

—20%.

14.

Law of Evidence & ..

Evidence

Act—80%.

Limitation

Limitation Act—20%.

15.

Interpretation of

Interpretation of Statutes

Statutes

—60%.

General Clauses Act—10%.

Legal Drafting, Pleading &

Conveyancing—30%.

Note.—The above syllabus has been prepared taking into

consideration the syllabuses of various

Universities, nature of work of High Court

employees and the recommendations of the Rule

Committee. The syllabus of the 3 year LL.B

Course conducted in Government Law Colleges is

mainly followed. In Government Law Colleges, the

3 year LL.B Course is conducted in 6 semesters

with 36 papers and each paper with 100 marks. In

these 36 papers, some are combined to form a

single paper, some are conveniently grouped and

some others are excluded in order to make the

above 15 papers. When papers are combined/

grouped some topics have been excluded in order

to ensure balance in the workload. Besides this,

the following papers of LL.B have been excluded:

Consumer Protection Law

Human Rights Law

Environmental Law

Banking Law

Public Interest Lawyering, Legal Aid and Paralegal

Services

Public International Law

Private International Law

Labour Law—I

Labour Law—II

10.

Taxation Law—I

11.

Taxation Law—II

12.

Principles of Legislation, Legislative Drafting,

Professional Ethics & Advocacy

13.

Arbitration, Conciliation & ADR Systems

14.

Moot Court, pre-trial preparations and participation

in trial proceedings.

C. AMBIKA,

Ernakulam.

Deputy Registrar.

District Court, Kasaragod

No. A1-6690/2011.

25th October 2011.

Read:—(1)

Proceedings Order No. A1 6690/2011

dt. 12-9-2011 of this Court.

(2)

High Court Circular No. 9/1986 dt. 9-7-1986.

(3)

G. O. (P) No. 154/2009/Fin. dt. 1-4-2009.

ORDER

As per the paper read 1st above, Sri. P. Kunhikannan,

Sheristadar, Sub Court, Hosdurg has been sanctioned

commuted leave for 152 days from 1-11-2011 to 31-3-2012

as Leave Preparatory to Retirement subject to the eligibil-

ity under Rule 84 Part-I, K.S.R.

He is directed to hand over the charge of the office

to the Junior Superintendent or to the substitute

appointed by the Hon’ble High Court as the case may be

and will forward the report of transfer of charges as

usual.

T. V. MAMMOOTTY,

Kasaragod.

District Judge.