Tamil Nadu government's recent order to effect a significant amendment to the Tamil Nadu State Judicial Service (Cadres and Recruitment) Rules 2007 to enable “any law graduate” working in various courts in Tamil Nadu to participate in the selection process of Civil Judge (Junior Division) of Tamil Nadu State Judicial Services, has created a controversy within the legal fraternity.
The order allows court staff who are law graduates but without enrolment in the Tamil Nadu Bar Council to participate in Civil Judge examination.
Based on the proposal of the Registrar General of Madras High Court following the 2008 recommendation of the Full Court, the State, in its GO dated September 13, 2011, has effected a change in Rule 5, Column (3) against the entry of “Civil Judge” of the Tamil Nadu State Judicial Service (Cadres and Recruitment) Rules 2007, thus facilitating “any law graduate working in Group A, B and C categories in any court of law in Tamil Nadu or an equivalent post such as Grade I, II and III posts in any court of law in the Union Territory of Puducherry, to participate in the selection process of vacant Civil Judge posts on condition that such degree is recognised by Bar Council of India and completed three years of service after completing the course.
Calling the GO an ‘infringement on the rights of hundreds of practising lawyers,' P. Pramasivam, chairman of the Federation of District and Subordinate Courts Bar Associations of Tamil Nadu and Pondicherry, told The Hindu , that the 2008 full court recommendation, based on the representation of Madras High Court Officers and Staff Association, had not been made effect till today.
“It was not pursued when the government appointed 203 civil judges in 2008. It is quite surprising why the same is being taken up now,” he claimed. Only those who are enrolled in Tamil Nadu Bar Council and practising alone should be entitled to appear for the civil judges examination, he added.
Saying that practising lawyers have been opposing the recommendation on the issue, Mr. Paramasivam and a team of senior advocates, who recently met Chief Justice M Y Eqbal and State Law Minister Senthamil Selvan, pointed out that about 25,000 practising and eligible lawyers in district and subordinate courts and Madras High Court “are awaiting'' to get selected whereas the court staff “are already better placed and ensured of a steady income.”
