- (1.) By this petition, challenge is made to the order dated 2nd September, 2015, whereby candidature of the petitioner for direct recruitment in the District Judge Cadre was rejected in reference to Rule 33(iii) of Rajasthan Judicial Service Rules, 2010 (as amended) (in short "Rules of 2010").
(2.) It is stated that an advertisement was issued by the respondents inviting applications for the post in District Judge Cadre. The petitioner applied for the post. He was allowed to appear in written examination. The result of the written examination was declared on 20.08.2015 and petitioner qualified for interview. The respondents thereafter passed impugned order rejecting candidature of the petitioner. It is precisely on the ground that petitioner has not been an Advocate preceding seven years on the last date of submission of application form. It is by giving erroneous interpretation to Rule 33(iii) of the Rules of 2010. Para 7.2 of the application form requiring preceding seven years as an advocate was contrary to Rule 33(iii) of the Rules of 2010. One is not required to be an Advocate or Pleader preceding seven years from the last date of submission of the application form. What has been provided under Rule 33(iii) is that one must have been an Advocate for a period of seven years. Para No.7.2 of the application form was thus contrary to the Rules of 2010.
(3.) The petitioner was enrolled as an Advocate in the year 1999 and continued till joining of judicial services on 10.03.2008. The petitioner has been an Advocate for seven years by that time itself. The petitioner resigned from judicial services on 21.04.2010 and enrolled again as an Advocate on 22.04.2010 thus he is eligible for appointment in the District Judge cadre. The period of two years as Judicial Officer can also be counted towards required seven years period as an Advocate if it is to be preceding seven years on the last date of submission of application form. It is because petitioner had discharged judicial work during that period which adds to the required experience.;