Azad Jammu and Kashmir Civil Service (Judicial Branch) Rules 1984
THE AZAD JAMMU AND KASHMIR CIVIL SERVICE
(JUDICIAL BRANCH) RULES, 1984.
[Dated April 10, 1984]
No. S&GAD/JS/16/263‑82/84. In exercise of the powers conferred by Section 23 of the Azad Jammu and Kashmir Civil Servants Act, 1976, the Government is pleased to make the following Rules, namely :‑--
These rules may be called the Azad Jammu and Kashmir Civil Service (Judicial Branch) Rules, 1984.
These rules shall come into force at once.
The method of recruitment, minimum qualifications, age limit and other matters related thereto for the posts shall be as per Annexure "A" alongwith its Schedule "A".
The provisions of the Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, and the Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, issued vide Notification No. S&GAD/ 8216‑8300/77 dated 8‑5‑77 and No. S&GAD/R‑80/77 dated 30‑11‑1977 respectively, shall apply, mutatis mutandis in addition .to the aforesaid Departmental Rules.
High Court Establishment. (Appointment and Conditions of Service) Rules, 1975 are hereby repealed.
(Issued vide Notification No. S&GAD/JS/16/263‑82/84, dated the 10th April, 1984)
THE AZAD JAMMU & KASHMIR CIVIL SERVICE (JUDICIAL BRANCH) RULES. 1984.
**1. Constitution and composition of Service.‑---**The Service shall comprise of the following posts, and such other posts, as may be determined by the Government in consultation with the High Court from time to time :‑
(i) District and Sessions judge.
(ii) Registrar High Court.
(iii) Additional District and Sessions Judge.
(V) Deputy Registrar High Court.
(Vi) Secretary to the Chief Justice of High Court.
**2. Appointing Authority.‑----**Appointment to the posts shall be made by the Government.
**3. Method of Recruitment.**The recruitment to the posts shall be made as under :
(A) The post of District and Sessions Judge B‑19 shall be filled by promotion on the basis of selection on merit‑cum seniority and fitness from amongst Judicial Officers holding the post of Additional District and Sessions judge or equivalent post in B‑18 with 13 years service in B‑17 and above in the Judicial Department.
(B) The post of Registrar of High Court shall be filled by transfer of an officer holding the post of District and Sessions Judge in the Judicial Department.
(C) The recruitment to the post of Additional District and Sessions Judge; B‑18 shall be made by promotion on the basis of selection on merit‑cum‑seniority and fitness from amongst judicial Officers holding the post of Sub‑Judge in B‑17 with seven years service as such.
(D) (i) 90% of the posts of Sub‑Judge shall be filled by initial recruitment from Law Graduates having three years experience of legal practice.
(ii) 10% of the posts of Sub‑Judge shall be filled by promotion from law graduate Officers in B‑16 in the Judicial Department with 5 years service as such, or by transfer from Law Graduate Deputy Registrar /Secretary to the Chief Justice in B‑17.
(E) (i) 50% of the posts of Deputy Registrar/ Secretary to the Chief Justice High Court shall be filled by initial recruitment from Law Graduates with 3 years experience of Legal practice.
(ii) 50 % of the posts of Deputy Registrar/ Secretary to the Chief Justice of High Court shall be filled by promotion on the basis of selection on merit‑cum seniority and fitness from amongst Officers holding the post of Superintendent /Judgement writer‑cum‑Personal Assistant in B‑16 with 5 years service as such.
(F) The recruitment to the posts of B‑17 in the service shall be made on the recommendations of the Azad Jammu and Kashmir Public Service Commission who, would select the candidate according to the syllabus and standard as given vide Schedule "A" to these rules. However conditions for the reserved post vide 3‑E (ii) above shall not be required to undergo test as per Schedule "A".
4. Age.‑ Except in the case of departmental candidates, no person who is more than 35 years of age or less than 25 years shall be appointed to the service by initial recruitment.
(See Rule 3‑F)
SYLLABUS AND STANDARD FOR THE AZAD JAMMU AND KASHMIR
CIVIL SERVICE QUDICLAL BRANCH) COMPETITIVE EXAMINATION.
Civil Law Paper‑I (i) Civil Procedure Code.
(ii) Transfer of Property Act.
(Marks ‑ 100)
Civil Law Paper‑II (i) Evidence Act.
(ii) Muhammadan Law.
(iii) Registration Act.
(iv) Limitation Act.
(v) Specific Relief Act.
Criminal Law Paper‑III (i) Penal Code.
(ii) Criminal Procedure Code
(iii) Evidence Act.
Islamic Laws Paper‑IV (i) Islami Tazirati Qawanin Nifaz Act, 1974.
(ii) Offence of Zina (Enforcement of Hudood)
(iii) Prohibition (Enforcement of Hadd) Ordinance
(iv) Offence of Qazf (Enforcement of Hadd)
(v) Offences Against Property. (Enforcement of
Marks ‑ 100)
All the papers shall he of 3 hours duration.
(a) A candidate shall answer the papers in English or Urdu.
(b) The object of the examination is to test the practical ability of the candidates rather than the range of their theoretical knowledge. For this purpose, the kind of questions that will be asked will be to give the facts of a typical case and ask the candidates to frame issues to write judgement and to discuss the admissibility of evidence.
(c) Credit will be given for the use of legal phraseology.
(d) Names of candidates who qualify shall be arranged in order of merit according to the aggregate marks obtained in the examination.
(e) No candidate will be called for viva‑voce test unless he obtains 33 percent marks in each paper and 45 percent marks in the aggregate combined total;
(f) Failure in or absence from viva‑voce shall mean that the candidate has failed to qualify for appointment and his name will not be included in the merit‑list.
(g) The viva‑voce will be to test the personal qualities of the candidates. The examination will be in matters of general interest and intended to test the candidates' alertness, intelligence and smart out look. Consideration will also be paid to the bearing and physique of the candidate.
These rules have teen reported from the Azad Jammu and Kashmir Gazette dated 16‑4 1984, see issue No. 123 Vol. XXX.