# Civil Courts shall be 32 years and it shall be deemed to have been raised from 30 years to

- **Citation:** C.L. No. 23 / Admn.(D)
- **Court:** Allahabad High Court
- **Decided:** 1994-11-23
- **Case number:** C.L. No. 23 / Admn.(D)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/civil-courts-shall-be-32-years-and-it-shall-be-deemed-to-have-been-raised-from-162257
- **Pages:** 5

## Text

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Civil Courts shall be 32 years and it shall be deemed to have been raised from 30 years to
32 years under Rule 6 of the U.P. Subordinate Civil Courts Ministerial Establishment
Rules, 1947 and under Rule 8 of the U.P. Subordinate Civil Courts Inferior Establishment
Rules, 1955 w.e.f. 30th March, 1991.
I am, therefore, to request you that the above instructions may be given effect to
while making recruitment.
C.L. No. 23 / Admn.(D) section: Dated 10-07-1999
The cut-off date for the purpose of computing the age-limit for direct recuitment in
the Civil Courts Ministerial Establishment.
I am directed to say that after considering the matter at length the court has been
pleased to observe that the cut-off date for the purpose of computing the age-limit for
direct recruitment in the Civil Courts Ministerial Establishment should be the first day of
July of the Calender year in which vacancies for direct recruitment are advertised.
[iii] Mode of Selection
C.L. No 115/Admn. „G‟ dated November 23, 1994*
Mode of selection and appointment with regard to Class III employees in the
subordinate court
I am directed to inform you that the Court has taken a decision that in the matter of
recruitment of class III employees in the subordinate courts, the selection process shall be
at the Commissioner‟s Division level, meaning thereby that all vacancies in the
Commissioner‟s Division shall be advertised at one time, applications shall be invited for
all such posts, though the selection/interview test may be held at different centers as may
be deemed feasible. Such selection shall be held by a team of not less than 3 District
Judges of the region to be nominated by the Hon‟ble Chief Justice. Necessary instructions
with regard to the conduct of the selection and appointment process may be issued from
time to time by the Hon‟ble Chief Justice as may be deemed appropriate.
C.L. No. 138/Admn.(G) dated December 21,1994
Withdrawal of Circular Letter No. 115/Admn.(G) dated 23.11.1994 regarding mode
of selection and appointment with regard to Class III employees in the Subordinate
Court
Hon‟ble the Chief Justice and Judges have been pleased to direct to withdraw the
Court‟s C.L. No. 115/Admn (G) dated 23.11.94 regarding mode of selection and
appointment with regard to Class III employees in the subordinate courts.
C.L. No: 27/Vllb-104/Admn. (D) dated May 24, 1996*
Holding of examination for recruitment of Class III employees under the existing
Uttar Pradesh Subordinate Civil Courts Ministerial Establishment Rules, 1947 and
the Uttar Pradesh Rules for the recruitment of Ministerial Staff of the Subordinate
Offices in Uttar Pradesh 1950 on the guidelines evolved by the Court.
In supersession of the Circular Letter No. 14, dated 14.2.1995,1 am directed to
convey the decision of the Hon‟ble High Court for strict compliance in the matter of
recruitment and selection of Class III employees on the guidelines evolved by the Court

*
Withdrawn by Hon'ble Court through C.L.No. 138/Admn. (G) Dt. 21.12.1994
*
Wthdrawn by C.L. No. 9/viib.104/Admn.-D/dt. 29.12.1998
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as detailed below without disturbing the qualifications provided under Rules 4, 5, 6, 7 &
8 of U.P. Subordinate Civil Courts Ministerial Establishment Rules, 1947 and also the
syllabus applicable to the post of Class III employees of the Civil Court provided in the
U.P. Rules for the recruitment of Ministerial Staff of the Subordinate Offices in Uttar
Pradesh 1950:-
(a) The District Judge should take into consideration the vacancies up to the date
of examination and the vacancies which will occur in the year immediately
following the date of examination.
(b) In counting the vacancy the District Judge should take into account the
existing vacancies and the vacancies which may likely to occur due to the
retirement of the officials in the strength of the Judgeship. No other
consideration shall be given by the District Judge in calculating the vacancy.
(c) The District Judge shall inform the Hon‟ble Inspecting Judge about the
number of vacancies calculated by him before advertising the examination.
(d) An advertisement shall be issued by the District Judge in the local newspaper
and in a Hindi daily newspaper having a wide circulation in the district in
which the examination is being held and also in a Hindi daily newspaper
having a wide circulation in the State of Uttar Pradesh. The publication shall
be issued soon after the decision of calculating the vacancy. The
advertisement shall also provide the date fixed for the examination. The date
of availability of application forms, the date of receipt of the application form
duly filled in by the candidate and all other particulars shall be given by the
District Judge.
After the close of the date of receipt of the application forms duly filled in by the
candidate, the District Judge shall examine the application forms.
All these application forms which are incomplete and are submitted by the
applicants who are not eligible shall be rejected by the District Judge by speaking order.
When these procedures are complete, the procedure for preparing the question
paper, examination of the copies shall be adopted. In order to check the leakage in
question paper, tampering in answer books and manipulation in the examination of the
copies, following checks and balances are introduced:
 (A)
The whole of the State of Uttar Pradesh is divided in three zones, shown
by the alphabets „A‟, „B‟ & „C‟. If the examination is held in Zone „A‟
then the District shown in „B‟ & „C‟ shall be zones for preparing question
paper and examining answer books. Similarly if the examination is held in
Zone ‟B‟ then rest job shall be performed by districts of Zone „A‟ & „C‟
and so on.
 (B)
The Court also decided that a separate Cell, headed by a Hon‟ble Judge
will be created in the Registry for supervising the examination. This Cell
shall perform the job of selecting the districts in different zones for
preparing the examination paper and the district for the examination of the
answer books.
 (i)
The examination cell shall place the code numbers on the answer
books so received from the districts in which the examination has
been held. After the answer books are examined, the examined
copies shall be received back in the High Court and correct roll
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numbers shall be placed on the answer books and mark-sheet shall
be prepared on the basis of the marks obtained by the candidates.
 (ii)
The District Judge of the Zone „B‟ or as the case may be, which
has been allotted the work of preparing the question papers shall
prepare three examination papers of each subject as per rules and
shall send them to the Registrar, High Court in a sealed cover
within 10 days of the receipt of the letter of the Registrar of the
High Court. The Registrar of the High Court shall keep these
papers with him in a sealed cover and only one paper chosen out of
the three by the Registrar shall be delivered after getting them
printed at place of his choice to the concerned District Judge in
which the examination is going to be held one day before
commencement of the examination through special messenger. The
block of the question papers will be destroyed soon after the
question paper is printed.

(C)
 The answer books shall be printed in the following proforma:
SPECIMEN OF FIRST PAGE OF ANSWER BOOK
Code No.
Rest blank

Signaute of the officer of
Registry at the time of
fixing Code No.
Roll No.
Name of the Candidate

Father‟s Name
Subject

Date of Exam.
Signature of D.J.
.................
.................

..................
............

Signature of Invigilator
After the examination is over, half portion of the first page
of answer book bearing name and roll number etc, shall be
separated from the rest part and code number will be appended on
both the portions in the Examination Cell of the High Court.

(D)
 After the examination is over all the answer books shall be sent in
a sealed bundle by the district in which the examination is held to the High
Court where it shall be received by the Incharge, Examination Cell. The
District Judge shall take proper care that all the pages of answer books
shall be marked by his signature seal and few pages of the answer books
will be signed by the invigilators also. The District Judge shall also take
care that the answer books arc properly sealed and dispatched through
special messenger the same day after the examination is over. The process
of sealing the answer books should take place in the presence of the
observer of the Court sent by the Examination Cell.

(E)
The District Judge of the zone, to whom the job of the examination
of answer books has been assigned, shall return the answer books duly
examined within 15 days from the date of the receipt of the answer books.
The District Judge can take help of his Officers for examining the copies.
The District Judge of the Zone to whom the answer books have been sent
shall return the examined answer books to the Examination Cell of the
High Court, where the rest process of deciding the answer book and
preparation of the mark-sheet shall be completed by the Incharge,
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Examination Cell. The mark-sheet duly signed by the Incharge,
Examination Cell shall be sent back to the District Judge, in which the
examination has taken place for preparation of the final results.

(F)
The District Judge in whose district examination has taken place
will pick up the candidates strictly on the basis of the marks obtained by
the candidates and the result shall be pasted on the notice board within
three days of the receipt of the examined copies and marksheet.

(G)
The District Judge shall prepare a select list as provided in Rule 14
of U.P. Subordinate Civil Court Ministerial Establishment Rules, 1947.
The District Judge shall follow the directions given in Rule
14 mutatis-mutandis. The District Judge shall prepare a select list
on the basis of the marks obtained by the candidates. Separate
merit list for each category i.e. general candidates and for reserved
categories shall be prepared in equal number of vacancies and not
beyond it.

(H)
The select list shall be taken into consideration as the list of
seniority of the candidates selected on the basis of the examination. The
select list so prepared for all purposes will be a list for seniority. The
appointments shall, howsoever, be made as per the roster provided in
government notification out of the aforesaid merit list. The gradation list
shall be prepared separately strictly in accordance with the merit and in the
light of the government notification issued from time to time.

(I)
The roster shall not be an evidence of seniority list and would not
be used for any other purpose than using it for appointment as per
reservation rules.

(J)
The District Judge shall make appointment strictly in order of the
seniority. If a candidate has seniority in the list of serial No. 6 or 7 there
after, shall not be given appointment in any clear vacancy unless the claim
of the candidate senior to him is not settled on a clear vacancy. The clear
vacancy available should go to the candidate who is senior in order of
seniority and to none else.
(K)
No ad hoc appointment under Rule 269 of General Rules (Civil)
shall be made without the previous permission of Hon‟ble the Chief
Justice.

(L)
No appointment under Rule 269 of General Rules (Civil) will be
for more than two months at a time and beyond a maximum period of
three months.

This appointment too will be made with the previous
sanction of Hon‟ble the Chief Justice. In any case the appointment
under this Rule will not continue for more, than three months.

(M)
All other rules relating to probation, confirmation, seniority and
promotion shall remain the same as has been provided in U.P. Subordinate
Civil Courts Ministerial Establishment Rules, 1947.
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(N)
All expenses of printing, stationery etc. shall be borne by the
District Judge conducting the examination and any clarification in the
matter shall be sought from the Hon‟ble the High Court and none else.

(O)
As soon as there are more than one vacancy, the vacancy shall not
be filled in by any ad hoc appointment but examination for the recruitment
of the vacancy shall be held expeditiously by the District Judge.
1 am further directed to say that the decision regarding the life of the select list of
the candidates shall be intimated later on.
C.L. No. 9 /VIIb-104/Admn.(D) Dated 20th April, 1999
Holding of the examination for the recruitment of Class III employees in the
Judgeship
In supersession of the C.L. No. 27/VIIb-104/ Admn. (D) dated Allahabad, May
24,1996 on the above subject I am directed to convey the following decision of the
Hon‟ble Court for strict compliance in the matter of recruitment and selection of Class
III employees.
The Hon‟ble Court directs that the aforesaid circular dated 24th May, 1996 issued
by the High Court has been withdrawn and be not given effect any further
Appointment of Class III staff are to be made as per the provisions contained in
U.P. subordinate Civil Courts Ministerial Establishment Rules 1947, U.P. Recruitment of
Ministerial Staff of the Subordinate offices in Uttar Pradesh Rules 1950 and also in
terms of the following suggestions of the Court.
(1)
The life of the select list shall be for one year from the date of its
publication.
(2) The select list shall not be prepared by the District judges for more than
the double of the vacancies, advertised.
(3)
In counting the vacancies the District Judge shall take into account the
existing vacancies and the vacancies which may likely to occur within a
year due to the retirement of the officials.
(4)
No Ad-hoc appointments under Rule 269, General Rule (Civil) or
otherwise shall be made without the prior permission of Hon‟ble the Chief
Justice.
It is further directed that the persons who have already been appointed as per the
aforesaid circular letter dated 24.6.l996 their services will not be affected in any way and
those who have already appeared in the examination which have already been held but
result have not been published and those who have applied for but the examination not
held, shall be allowed to appear in the next examination on the same application.
I am, therefore, directed to communicate you the aforesaid direction of the Court
for strict compliance.
C.L.No. 14/Admn. (D) dated 14th March, 1995
Recruitment test of Class-Ill employees of Subordinate Civil Courts.
Hon‟ble the Acting Chief Justice has been pleased to direct that no examination
will be held for recruitment of class-III employee till further orders from the Court, in