SANJAY KISHAN KAUL,J. - (1.) The Jharkhand Judicial Service (Recruitment) Rules, 2004 (hereinafter referred to as the Rs.2004 Rules') dated 31.3.2005 were published in the Gazette of 4.4.2005, having been framed in the exercise of powers conferred by Article 234 read with Article 309 of the Constitution of India. The relevant portion of the preamble is extracted as under: "Now therefore in exercise of the powers conferred by Article 234 read with Article 309 of the Constitution of India and all provisions of law enabling him in that behalf, and in supersession of all earlier Rules on the subject, the Governor of Jharkhand, after consultation with the High Court of Jharkhand and Jharkhand State Public Service Commission, is pleased to make the following Rules so as to select, recruit and appoint Members of the Jharkhand Judicial Service and regulate terms and conditions of their service:-"
(2.) Thus, the Rules specifically provided that they were in supersession of all earlier Rules on the subject. The earlier Rules of 2001 were specifically repealed in terms of Rule 27 of the 2004 Rules, which reads as under: "27. Repeal and Savings: (i) Jharkhand Judicial Service (Recruitment) Rules, 2001 issued vide notification no.185 dated the20thAugust, 2001 are hereby repealed. (ii) Notwithstanding such repeal, anything done or any action taken under the2001 Rules shall be deemed to have been taken under these Rules and any selection process initiated or appointments made pursuant to 2001Rules shall be deemed to have been done under these Rules."
(3.) The appointment was to be made after due process and in terms of Rule 21 of the 2004 Rules, a mandatory one year training period was envisaged with the Judicial Academy whereafter the trainees were to appear in an examination to be conducted by the Judicial Academy under the directions and guidance of the High Court. The relevant clause 21(b)of the 2004 Rules is as under: "21 (b). For a period of one year from the date of appointment, or from such other date as the High Court may prescribe, that the Civil Judge, Junior Division (Munsif)/Civil Judge, Senior Division (Subordinate Judge) shall be admitted in the one year training course at the Judicial Academy of Jharkhand at Ranchi or such other place as the High Court may prescribe. After completion of one year training course, the Civil Judge, Junior Division (Munsif) trainee Civil Judge, Senior division (subordinate Judge) - trainee shall appear in the examination to be conducted by the Judicial Academy under the directions and guidance of the High Court and the successful passing of this Examination shall alone be the condition precedent for confirmation of the trainees as Civil Judges, Junior Division (Munsif)/Civil Judges, Senior Division (subordinate Judges)." (emphasis supplied);