DELHI HIGHER JUDICIAL SERVICE RULES, 1970

(As amended upto 26.12.2019)

DELHI HIGHER JUDICIAL SERVICE RULES, 1970 NOTIFICATION

DELHI, THE 27TH AUGUST, 1970

No.F.1(1)/70-JUDICIAL (I):- In exercise of the power conferred by the proviso to Article 309 of the Constitution read with the Government of India, Ministry of Home Affair’s Notification No.1/2/70/DH(S), dated the 29th May, 1970 as amended by Notification No.F.1/2/70-DH(S), dated the 25th July, 1970 and all other powers enabling him in this behalf, the Lieutenant Governor of Delhi in consultation with the High Court of Delhi is pleased to make the following rules, namely :-

PART I GENERAL

1. SHORT TITLE AND COMMENCEMENT: – These rules may be called the Delhi Higher Judicial Service Rules and they shall come into force from the date of publication in the Delhi Gazette.

1[2. Definition: – In these rules, unless the context otherwise requires,-

(a) “Administrator” means the Lieutenant Governor of the National Capital

Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution;

(b) “cadre post” means any post specified in the Schedule and includes a temporary post carrying the same designation as that of any of the posts specified in the Schedule and any other temporary post declared as cadre post by the Administrator;

(c) “direct recruit” means a person who is appointed to the Service from the Bar;
(d) “High Court” means the High Court of Delhi;

(e) “initial recruitment” means the first recruitment and appointment made to the Service after the commencement of these rules;

(f) “Member of the Service” means a person appointed to the Service under the provisions of these rules;

(g) “promoted officer” means a person who is appointed to the Service by promotion from the Delhi Judicial Service;

(h) “Roster” means the Roster appended to these rules;

(i) “Schedule” means the Schedule as amended from time to time and appended to these rules;

(j) “Service” means the Delhi Higher Judicial Service.]

3. CONSTITUTION OF THE SERVICE: – (a) On and from the date of commencement of these rules, there shall be constituted a Civil Service to be known as the Delhi Higher Judicial Service.

2[(b) The posts included in the Service shall be Central Civil Posts, Group ‘A’, Gazetted.]

PART II – AUTHORISED STRENGTH

3[4. Strength of the Service: – (1) The authorized strength of the Service and the posts included therein shall be as specified in the Schedule which shall stand automatically amended simultaneously with the creation or abolition of cadre post.

(2) The Administrator may create from time to time on the recommendations of the High Court as many cadre posts as may be necessary.]

1 Rule 2 substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008.

2 Rule 3(b) substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008.

3 Rule 4 substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008.

PART III- METHOD OF RECRUITMENT

5. METHOD OF RECRUITMENT: – (1) The recruitment of persons to the service from the Delhi Judicial Service shall be made by the Administrator in consultation with the High Court.

(2) In regard to the persons not already in the Delhi Judicial Service, appointment to service shall be made by the Administrator on the recommendation of the High Court.

6. (1) For initial recruitment to the service, the Administrator shall, in consultation with the High Court, appoint persons to the service substantively from amongst the following:-

(a) District Judges and Additional District Judges functioning as such in the Union Territory of Delhi on deputation from other States.

(b) District Judges and Additional District Judges whose names may be recommended by their respective States for appointment.

(3) The High Court may in its discretion examine the character rolls and hold such other tests as may be deemed fit.

(4) The seniority of the candidates appointed at the initial constitution shall be in accordance with the length of service rendered by them in the cadre to which they belong at the time of their initial recruitment to the service provided that the inter-se seniority as already fixed in such cadres shall not be altered.

(5) The number of officers to be appointed from the States of Punjab and Haryana shall not, subject to availability, be less than the number of posts borne on the cadre of such states for the purpose of Union Territory of Delhi.

4[7. Regular recruitment: – (1) Recruitment to the posts in the cadre of District Judge at
Entry Level shall be as under:-

(a) 65 percent by promotion from amongst the Civil Judges (Senior Division), having a minimum ten years service in the cadre of Delhi Judicial Service, on the basis of principle of merit-cum-seniority;

(b) 10 percent by promotion strictly on the basis of merit through limited competitive examination of Civil Judges (Senior Division) having not less than five years qualifying service; and

(c) 25 percent of the posts shall be filled by direct recruitment from amongst the persons eligible as per rule 7C on the basis of the written and viva voce test, conducted by the High Court.

(2) The posts will go to the above three categories, within the quota prescribed under this rule, in the order as given in the roster appended to these rules.

Provided that the posts of category (b) remaining vacant on account of non-availability of eligible candidates or candidates having not been able to qualify the examination as provided under rule 7B, shall be filled up in accordance with sub-rule 1(a).]

5[7A. Selection for Promotion on the basis of 6[merit-cum-seniority]: – Recruitment by promotion under clause (a) of sub-rule (1) of Rule 7 above shall be made by selection on the basis of merit-cum-seniority.]

4 Rule 7 substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008 and further substituted vide Govt. of NCT of Delhi’s Notification No.F.6/11/2011-Judl./1487-1491 dated 22.12.2011 (made effective w.e.f. the 1st day of January, 2011).

5 Rule 7A substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008 and further substituted vide Govt. of NCT of Delhi’s Notification No. F.6/17/09-Judl./1922-25 dated 27.10.2009.

6 Substituted for the words “merit and suitability” vide Govt. of NCT of Delhi’s Notification No.F.6/11/2011-Judl./1487-1491 dated 22.12.2011.

7[7B. Selection for promotion by holding limited competitive examination: –

(1) The High Court shall hold a limited written competitive examination for promotion of member of the Delhi Judicial Service as per clause (b) of sub-rule(1) of rule 7 in the following manner :-

(i) Written Examination – 600 marks
(ii) Assessment of Record – 150 marks
(iii) Viva voce – 250 marks.

(2) For the Assessment of Records, the ACRs of the candidate for the preceding five years, carrying weightage of 30 marks for each year will be taken into account. The criteria for awarding of marks for each ACR shall be as under:-

Provided that any officer having grading as „C‟ (Integrity doubtful) in any year shall not be eligible to appear in the limited competitive examination.

Provided further a candidate shall be eligible to appear in viva voce only in case he secures 50% marks each in the Written Examination and the Assessment of Record in the case of candidates of General Category and 45% in the case of candidates of reserved categories.

Provided also that a candidate of general category must secure a minimum of 50% marks and candidates of reserved categories must secure a minimum of 45% marks in viva voce to be eligible for being recommended for appointment to the service.]

8[7C. Selection for appointment by direct recruitment.- The High Court, before making recommendations to the Administrator, shall invite applications by advertisement and may require the applicants to give such particulars as it may prescribe and shall hold written examination(s) and viva voce test in the manner as prescribed in the Appendix to the Rules and in the subjects with the syllabi as prescribed by the High Court from time to time.]

7 Rule 7B substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008 and further substituted vide Govt. of NCT of Delhi’s Notification No. F.6/11/2011-Judl./877-881 dated 09.11.2016.

8 Rule 7C substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008 and further substituted vide Govt. of NCT of Delhi’s Notification No.F.6/50/2019-Judl./Suptlaw/2461-2465 dated 26.12.2019.

9[8. Seniority.-

(1) The inter se seniority of members of the Delhi Judicial Service promoted under clause (a) of sub-rule (1) of rule 7 shall be the same as in the Delhi Judicial Service.

(2) The inter se seniority of the members of Delhi Judicial Service promoted under clause (b) of sub-rule (1) of rule 7 shall be the same as in the Delhi Judicial Service.

(3) The inter se seniority of the direct recruits to the Service under clause (c) of sub-rule
(1) of rule 7 shall be the same as determined by the High Court at the time of recruitment.

(4) The inter-se seniority position of the officers appointed to the Service under rule 7 shall be determined on the basis of continuous length of service, i.e., date of appointment.

(5) In case of officers appointed from different sources on the same date, the officer(s) recruited by promotion under clause (a) of sub- rule (1) of Rule 7 shall take precedence over the officers promoted under clause (b) of sub-rule (1) of Rule 7 and the officers appointed under clause (c) of sub-rule (1) of Rule 7; and the officers promoted under clause (b) of sub-rule (1) of Rule 7 shall take precedence over officers appointed under clause (c) of sub-rule (1) of Rule 7.

(6) A promoted officer who is promoted on an ad-hoc basis in the vacancy/position to be held by an officer in clause (c) of sub-rule (1) of rule 7 shall not have any right to the position held by him and his position in the seniority list shall be determined as per his position in clause (a) of sub-rule (1) of rule 7.]

9. The qualifications for direct recruits shall be as follows:-

(1) must be a citizen of India.

(2) must have practised as an Advocate for not less than seven years.

10[(3) must have not attained the age of 45 years on the 1st day of January of the year in which the applications for appointment are invited.]

10. [11]

11. DISQUALIFICATIONS:-

(1) No person who has more than one wife living shall be eligible for appointment to the service.

Provided that the Administrator may, if satisfied that there are special grounds for doing so, exempt any person from the operation of this sub-rule.

(2) No woman who is married to any person who has a wife living shall be eligible for appointment to the Service.

Provided that the Administrator may, if satisfied that there are special grounds for doing so, exempt any such woman from the operation of this sub-rule.

PART IV – APPOINTMENT, PROBATION AND CONFIRMATION

12. (1)Persons appointed to the service at the initial recruitment shall stand confirmed with effect from the date of appointment.

12[(2) All other candidates on appointment to permanent post shall be on probation for a period of two years.]

9 Rule 8 substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008 and further substituted vide Govt. of NCT of Delhi’s Notification No.F.6/11/2011-Judl./1487-1491 dated 22.12.2011 (made applicable retrospectively w.e.f. 01.01.2007 in view of the fact that inter se seniority of officers of the Delhi Higher Judicial Service upto the year 2006 has already been settled).

10 Rule 9(3) substituted vide Delhi Admn Notification No.F.6/10/87-Judl dated 21.5.1990 and further substituted vide Govt. of NCT of Delhi’s Notification No.F.6/20/2018-Judl./Suptlaw/147-151 dated 25.01.2019.

11 Rule 10 omitted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008.

12 Rule 12(2) substituted vide Delhi Admn Notification No.F.6/10/87-Judl. dated 21.5.1990

EXPLANATION: – The period during which an officer holds a temporary post will be counted towards probation but he will be confirmed only when a permanent post is available.

13. All persons appointed to the service on probation shall be confirmed at the end of the said period of two years.

Provided that the Administrator may, on the recommendation of the High Court, extend the period of probation, but in no case shall the period of probation extend beyond the period of three years.

14. The services of a person appointed on probation are liable to be terminated without assigning any reason.

15. After successful completion of the period of probation the officer shall be confirmed in the service by the Administrator in consultation with the High Court and the same shall be notified in the 13[Delhi] Gazette.

PART V – TEMPORARY APPOINTMENTS

16. (1)The Administrator may create temporary posts in the service.

14[(2) Such posts shall be filled by Administrator, in consultation with the High Court, from amongst the members of Delhi Judicial Service and by direct recruitment from the Bar.]

15[Explanation – Rule 5, 7, 7A, 7B, 7C, 8, 9, and 11 shall apply to appointment made under this rule.]

16[17. Notwithstanding anything contained in these rules, the Administrator may, in consultation with the High Court, fill substantive vacancies in the service by making temporary appointments thereto from persons appointed under rule 16.]

PART VI – PAY AND ALLOWANCE

¹⁷[18. The pay scales of the Service shall be as follows:-

1. District Judges Entry level Time Scale (Addl. Rs.16750-400-19150-450-20500 District Judges)

 19.  The initial pay of a direct recruit shall be the initial pay in the time scale mentioned in rule 18.

13 Added vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/1993-95 dated 22.10.2008.

14 Rule 16(2) substituted vide Delhi Administration notification No.F6/10/87-Judl., dated 17.3.1987.

15 Explanation substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/ 1993-95 dated 22.10.2008.

16 Rule 17 substituted vide Delhi Administration notification No.F6/10/87-Judl., dated 17.3.1987.

17 Rule 18 substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05Judl./Pt.file/Suptlaw/ 1993-95 dated 22.10.2008.

Provided that the Administrator may, on the recommendation of the High Court, give advance increments to suitable candidates appointed to the service.

20. The pay of a promoted officer shall be fixed in the aforesaid time scale in accordance with the financial rules, regulations, orders, or directions, applicable from time to time, to members of the IAS.

21. The number of selection grade and super-time scale posts shall be as shown in the schedule.

PART VII – OTHER PROVISIONS

18[22. Recruitment made to the service by direct recruitment shall be subject to provisions regarding reservation and other concessions (except age relaxation) for the Scheduled Castes, Scheduled Tribes and Persons with Disability candidates {suffering from any of the disabilities mentioned in sub section(1) of Section 34 of the Rights of Persons with Disabilities Act, 2016} as provided by law or orders issued by the Central Government from time to time.

Provided that the Persons with Disability candidates should be capable of efficiently discharging their duties as Judicial Officer as per the satisfaction of the Medical Board that may be constituted before or after their names are recommended for appointment.]

23. The Administrator may make regulations not inconsistent with these rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect of these rules.

24. Every member of the service unless he has already done so, shall be required to take oath of allegiance to India and to the Constitution of India as established by law.

25. The initial recruitment shall be subject to the consent of the officer selected and consent of the parent Government.

26. Direct recruits will have to produce before appointment a certificate of physical fitness in accordance with the standards prescribed for the IAS.

19[26A. Administrative control over Members of the Service.- The administrative control over the Members of the Service except their appointments, promotions and disciplinary matters involving major penalties, shall vest in the High Court but nothing in this rule shall be construed as taking away from such person any right of appeal which he may have under the law regulating the conditions of the service or as authorizing the High Court to deal with him otherwise than in accordance with the conditions of the service prescribed under such law.]

20[26B. Age of superannuation.- A Member of the Service shall retire from service in the afternoon of the last day of the month in which he attains the age of sixty years:

Provided that the High Court shall assess and evaluate the service record of a Member of the Service for his continued utility well within the time before he attains the age of 58 years by following the procedure for compulsory retirement under the service rules applicable to him before he is allowed to continue beyond the age of fifty eight years:

Provided further that an existing Member of the Service may exercise his option in writing before he attains the age of fifty seven years to retire at the age of fifty eight years:

18 Rule 22 substituted vide Govt. of NCT of Delhi’s Notification No.F.6/13/2018-Judl./Suptlaw/839-843 dated 03.05.2019.

19 Rule 26A substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/ 1993-95 dated 22.10.2008.

20 Rule 26B substituted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/ 1993-95 dated 22.10.2008.

Provided also that the Administrator may, in consultation with the High Court, re-employ retiring or retired judicial officers upto the age of sixty two years if there are vacancies in the cadre of District Judge.]

21[Provided also that in the computation of the total period of service qualifying for pension and other benefits, a period of ten years or actual practice at the Bar, whichever is less, shall be added to the service of a member directly recruited from the Bar, subject to the condition that the weightage of practice at the Bar will be given only if the direct recruit actually works for minimum ten years in the service before retiring.]

26C. [22]

27. RESIDUARY MATTERS: In respect of all such matters regarding the conditions of service for which no provision or insufficient provision has been made in these rules, the rules, directions or orders for the time being in force, and applicable to officers of comparable status in the Indian Administrative Service and serving in connection with the affairs of the Union of India shall regulate the conditions of such service.

28. INTERPRETATION: If any question arises as to the interpretation of these rules, the same shall be decided by the Administrator in consultation with the High Court.

29. On the recommencement of these rules and until persons are appointed to hold cadre posts in accordance with the provisions of these rules, such posts may continue to be held by officers appointed thereto on deputation either before or after the commencement of these rules as if these rules have not come into force.

²³[SCHEDULE

(See Rule 4)

1. District and Sessions Judges 11
2. District & Sessions Judge – cum –

3. District Judge (Commercial Courts)

5. Additional District and Sessions Judges (including Special Courts/Industrial Tribunal/

21 Added vide Govt. of NCT of Delhi’s Notification No. F.6/14/05-Judl./1912-1914 dated 26.10.2009 (Corrigendum No. No. F.6/14/04-Judl./Pt.File/2012-2019 dated 6.11.2009 [Deemed to have come into force with effect from the 24th day of February, 2006]

22 Rule 26C omitted vide Govt. of NCT of Delhi’s Notification No.F.6/14/05-Judl./Pt.file/Suptlaw/ 1993-95 dated 22.10.2008.

23 Substituted vide Govt. of NCT of Delhi’s Notification No. F.6/25/04-Judl/Suptlaw/88-93 dated 29.01.2010 and further substituted vide Govt. of NCT of Delhi’s Notification No. F.6/25/04-Judl/Suptlaw/168-172 dated 15.02.2013 and further substituted vide Govt. of NCT of Delhi’s Notification No. F.6/25/04-Judl/Suptlaw/2059-2063 dated 11.10.2019 (notification will be effective w.e.f. date of creation of posts as per the provisions of rule 4(1) of Delhi Higher Judicial Service Rules, 1970 in respect of one post of District & Sessions Judge-cum-Special Judge (PC Act)(CBI) in Super time Scale w.e.f. 28.03.2019 and in respect of 22 posts of District Judge (Commercial Courts) in Super Time Scale and 18 posts of Additional District & Sessions Judge for Fast Track Courts w.e.f. 08.08.2019.

²⁴ROSTER

[see Rule 7(2)]

ROSTER INDICATING THE ORDER OF POSTS GOING TO THE SHARE OF THREE CATEGORIES WITHIN THE QUOTA PRESCRIBED:

24 Inserted vide Govt. of NCT of Delhi’s Notification No.F.6/11/2011-Judl./1487-1491 dated 22.12.2011 and Corrigendum No. F.6/11/2011-Judl./Suptlaw/163-167 dated 28.02.2012.

25[APPENDIX

(See Rule 7C)

I. Delhi Higher Judicial Service Examination will be held in three successive stages:-

(i) DHJS Preliminary Examination (Objective type with 25% negative marking) for selection for the main examination which shall be a screening test of qualifying nature, and

(ii) DHJS Main Examination (Written) for selection of candidates for calling for viva-voce.

(iii) Viva-voce.

PRELIMINARY EXAMINATION

II. The Preliminary Examination will be a screening test of qualifying nature and will consist of one paper of multiple choice based objective type questions carrying a maximum of 150 marks. There shall be 150 questions with each question carrying one mark with 25% negative marking for each wrong answer.

III. Minimum qualifying marks for Preliminary Examination:

IV The number of candidates to be admitted to the Main (Written) Examination shall not be more than twenty times the total number of advertised vacancies in each category.

MAIN (WRITTEN) EXAMINATION

V. The Main (Written) Examination shall consist of the following four papers with the maximum marks specified against it:-

Inserted vide Govt. of NCT of Delhi’s Notification No.F.6/50/2019-Judl./Suptlaw/2461-2465 dated 26.12.2019

VI Minimum qualifying marks for the Main (Written) Examination:

VIVA VOCE

VII. Viva-Voce will carry 250 marks. A candidate of general category must secure minimum 50% marks and a candidate of reserved category i.e. Scheduled Castes, Scheduled Tribes and Persons with Disability must secure minimum 45% marks in viva-voce to be eligible for being recommended for appointment to the service.

GENERAL

VIII. The syllabi for the Preliminary Examination and the Main Examination shall be as prescribed by the High Court from time to time.

IX. The fee for the examination to be charged from the candidates shall be as specified by the High Court from time to time.

X. The marks obtained in the preliminary examination by the candidates who are declared qualified for admission to the Main (Written) Examination shall not be counted for determining their final order of merit.

XI. The final merit list will be prepared on the basis of assessment of marks obtained in the Main (Written) Examination and Viva Voce.

XII. RE-EVALUATION OF ANSWER SHEETS

There shall be no re-evaluation of answer sheets in respect of Preliminary Examination and Mains Examination. No request for re-evaluation of answer sheets shall be entertained and the same shall be liable to be rejected without any notice to the candidates.

XIII. USE OF UNFAIR MEANS IN THE EXAMINATION

The candidature of candidates found using unfair means of any nature by exercising or attempting to influence the result of the examination at any stage of the Examination, i.e., Preliminary Examination, Mains Examination or Viva Voce, shall be summarily rejected without any further notice to the candidates. Moreover, such candidate shall be debarred from the future Examination for such a period as may be decided by the High Court, which shall ordinarily be not less than three years.

XIV. DESTRUCTION OF EXAMINATION MATERIAL

All Examination material including OMR answer sheets relating to Preliminary Examination, answer sheets of Main Examination, award sheets of viva voce, etc. in relation to each recruitment examination for Delhi Higher Judicial Service (25% direct recruitment quota) will be destroyed one year after the declaration of the final result.

However, if any litigation pertaining to any examination is pending before any Court, and the question / issue involved in the lis touches upon the answer sheets of the candidate (s) i.e. totalling, evaluation, re-evaluation, etc., the Registry shall preserve such answer sheets before initiating the process of destruction in terms of the above decision.

XV. TIME LIMIT FOR JOINING SERVICE

(i) All selected candidates shall join the service within a period of one month from the date of issuance of notification of appointment by the competent authority.

(ii) Upon sufficient justification, the competent authority i.e. the High Court may extend the abovementioned period of one month for joining service on a written application made by the candidate concerned. Such extension, if granted, shall be for a period of two months only. Extension of period of joining beyond this period may be granted by the High Court in rare and exceptional circumstances but in no case shall such further extension be granted for a period of more than six months from the date of issuance of notification of appointment.

(iii) Upon failure of the selected candidate to join service either within one month of the date of notification of appointment or upon expiry of such extended period as may be granted by the High Court, the appointment of the selected candidate shall lapse and the vacancy so created on account of such lapse may be offered to the next candidate, as per order of merit in the select list.

(iv) The clauses of this Rule shall form part of the notification of appointment of the selected candidates.]