On 23-6-2023, the Governor of Madhya Pradesh, in consultation with the High Court of Madhya Pradesh, made amendments in the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994.
Key Points:
1. Rule 5-A has been inserted relating to Duration of validity of the select list. It provides that for Civil Judge (Entry Level), the select list of the successful candidates in the examination in any recruitment year will be valid upto 12 months from the date of declaration of the select list.
2. Earlier, Rule 6 dealt with Reservation of posts for Scheduled Castes, Scheduled Tribes and Other Backward Classes. Now, it also covers reservation of Posts for Persons with Disabilities.
3. Rule 6-A has been inserted which only at time of initial recruitment reserves 6% posts for persons suffering from locomotor disability including leprosy cured, dwarfism, muscular dystrophy and acid attack victims (excluding cerebral palsy). In the event such reserved posts are not filled in the given recruitment year, due to the non-availability of suitable candidates, then such vacant seats will be carried forward into the next succeeding recruitment year.
4. Rule 6-B specifically says that any Person with Benchmark Disability not having domicile of Madhya Pradesh will come under the ambit of general category.
5. Rule 7 relating to Eligibility has been revised which specifies the conditions for appointment by direct recruitment in Civil Judge (Entry Level):
• The upper age limit for Specially abled person is also relaxed up to a maximum of 3 years.
• Any person with the bachelor’s degree in law will be eligible in either of the following cases:
✓ If he has continuously practiced as an advocate for not less than 3 years on the last fixed date for submission of application.
✓ That person is an outstanding law graduate and has passed all exams in the first attempt by securing at least 70% marks in aggregate (General/Other Backward Classes category) and 50% marks in aggregate (Scheduled Castes and Scheduled Tribes).
✓ For Specially Abled Persons- for getting the benefit under this provision, the certificate issued by the Medical Board of Central/State Government will be only valid. The applicant will only get benefit if at the time of submission of application, that person’s Specially Ableness is not less than 40%.
6. Rule 8 now lays down that any candidate will render himself liable to criminal proceedings, debarred and will be Disqualified by Recruiting/Appointing Authority in case of impersonation/submitting fabricated or tempered documents/making false statements/suppressing material information/using or attempting to use unfair means in examination or interview. Other reasons that will be considered as the reason for Disqualification:
• Having more than 1 spouse.
• Has been removed/dismissed from service by High Court, Central/State Government, Stautory or Local Body.
• Has been convicted of an offence involving moral turpitude.
• Has been involved in other criminal cases.
• Has been found guilty of professional misconduct.
• Has accepted dowry at the time of his marriage.
7. Rule 16-A and 16-AA relating to “Resignation with Lien” and “Oath” respectively have been omitted.
8. Rule 18 has been revised which deals with Deputation. Earlier, it allowed any member of the High Court having its concurrence to be appointed on deputation, for a period of 4 years maximum, to perform duties of the Central/State Government. Now, post/services of any organization which is wholly or partly owned or controlled by the Central/State Government also comes under the ambit of this provision.
9. In case any question arises relating to the interpretation of these rules, the decision of High Court will be final.
Note: The Madhya Pradesh Judicial Service (Classification, Recruitment and Conditions of Service) Rules, 1955 are now repealed.
