Difficulties in filling up of posts of Munsiffs in both UTs
MHA to be consulted on proposed changes
Mohinder Verma
JAMMU, May 9: In order to overcome the difficulties in filling up of vacant posts of Munsiffs in both the Union Territories, the Common High Court of Jammu and Kashmir and Ladakh has recommended amendments in the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules, 1967 and the same are being examined by the Department of Law, Justice and Parliamentary Affairs of the Union Territory of J&K.
Official sources told EXCELSIOR that large number of posts of Munsiffs are presently lying vacant in both the Union Territories because of promotions ordered by the Common High Court of Jammu and Kashmir and Ladakh and creation of new posts in the recent past.
The recruitment to the posts of Munsiffs is governed by the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules, 1967, which read: “Recruitment to the service shall be made on the basis of the competitive examination conducted by the Jammu and Kashmir Public Service Commission”.
Following bifurcation of erstwhile State of Jammu and Kashmir into two Union Territories, the J&K Public Service Commission doesn’t have powers to make recruitments in respect of Union Territory of Ladakh but High Court has jurisdiction over both the Union Territories.
“Though the vacant posts of Munsiffs in the Union Territory of Jammu and Kashmir can be easily filled through the J&K Public Service Commission yet the Common High Court doesn’t want disparity with the Union Territory of Ladakh in filling up of vacant posts of Munsiffs in Leh and Kargil districts”, sources said, adding “moreover, such a move will deprive the eligible candidates of Union Territory of Ladakh from exercising their democratic right of participating in the recruitment process”.
In order to overcome the difficulties, the Common High Court has recommended some changes in the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules, 1967 to the Government of Union Territory of Jammu and Kashmir, they disclosed, adding “the proposed amendments are presently being examined in the Department of Law, Justice and Parliamentary Affairs of J&K Government”.
“A provision is required to be incorporated in these Rules to facilitate the J&K Public Service Commission in filling up of vacant posts of Munsiffs in the Union Territory of Ladakh”, sources said, adding “the J&K Government has also decided to bring this difficulty to the notice of the Union Ministry of Home Affairs and it would be only after the approval of the Ministry that amendments will be carried out in the Rules”.
In response to a question, sources said that following amendments in the Rules, the Government of Union Territory of Jammu and Kashmir and administration of Ladakh Union Territory, in consultation with the Common High Court, will refer the vacant posts of the Public Service Commission for initiating the recruitment process.
They further said, “the amendments are required to be carried out in the method of recruitment, resident status and appointments shall be notified in the Jammu and Kashmir Government Gazette as well as Gazette of Union Territory of Ladakh”.
It is pertinent to mention here that a Bachelor of Law of any University established by law in India, or a Barrister of England or Northern Ireland or a member of the Faculty of Advocates in Scotland or holds any other equivalent law degree recognized by the Government of India is eligible to participate in the selection process of the posts of Munsiffs.
Further, a candidate for recruitment to the service must have put in at least three years actual practice at the bar by the date on which he submits his application for such recruitment and must produce a certificate to this effect from the District Judge within the local limits of whose jurisdiction he has practiced at the bar.
The examination for selection of candidates shall consist of written examination in such legal and allied subjects including procedure as may be included in the syllabus prescribed under Rule 11 and viva-voce, the objective of which is to assess the candidate’s intelligence, general knowledge, personality, aptitude and suitability.
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