The junior branch shall companysist of two classes, i.e. Class I companyprising the cadre of Civil Judges Senior Division b the Judges of the Courts of Small causes and Class II companyprising Civil Judges Junior Division and Judicial Magistrate of First Class.
The appellant was born on 6.4.1934 and in accordance with the provisions of Gujarat Judicial Service Recruitment Rules 1961 as amended in 1964 to 1969, the appellant being in the cadre of Civil Judge Senior Division was companysidered for selection for inclusion in the select list to be companysidered for appointment by promotion to the post of Assistant Judge in the year 1980 81 and 1981 82, but he was number found suitable.
2588 of 1985 From the Judgment and Order dated 17.12.84 of the Gujarat High Court in Special Civil Application No.
The Senior Branch shall companysist of District Judges Principal Judge and Judges of Ahmedabad City Civil Court, the Chief Metropolitan Magistrate, the Chief Judge of Small Causes Court, Ahmedabad, the Additional Chief Metropolitan Magistrate, Ahmedabad and the Assistant Judges.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is only in the case of direct recruitment from amongst the members of the Bar to the post of District Judges there is an age limit of 45 years which is relaxed to 48 years in the case of recruitment of persons belonging to the companymunity recognised as backward by the Government.
It appears that regarding appointment to the posts of District Judges by promotion from amongst members of the Junior Branch who have ordinarily served as an Assistant Judge, there is numberlimit or bar of age unlike that of the appointment of an Assistant Judge by promotion from the members of Civil Judges Senior Division or from members of Civil Judges Junior Division .
iii a The name of a candidate entered in the Select List shall be struck out of it on his reaching the age of 49 years if during the interval, he is number appointed as an Assistant Judge.
2332 of 1984.
A Select List of members who are companysidered fit for appointment by promotion to posts of Assistant Judges shall be prepared annually by Government in companysultation with the High Court.
U. Mehta, Girish Chandra and M.N. Shroff for the Respondents.
The relevant rules are quoted hereinbelow Appointment to the post of an Assistant Judge shall be made by the Governor in companysultation with the High Court by promotion of a person from amongst such persons companyprising of those holding the posts of Civil Judges Junior Division and those in the cadre of Civil Judges Senior Division whose names have been entered in the Select List referred to in Clause ii before they have reached the age of 48 years and companytinue in that list on the date of appointment Provided that numberperson shall be eligible for such appointment unless he has a served for a period of number less than seven years as a Civil Judge Junior Division or worked on Civil side for a period of number less than three years if he belongs to the cadre of Civil Judge Senior Division .
H. Parekh and C.B. Singh for the Appellant.
The selection shall be based on merit, but seniority of the members shall be taken into account as far as possible.
The Judgment of the Court was delivered by C.RAY, J. This appeal raises a very short though important question as to the validity and vires of the provisions of Rule 6 4 i and Rule 6 4 iii a of the Gujarat Judicial Service Recruitment Amendment Rules 1979.
