HP Public Service Commission

Himachal Pradesh Judicial Services
Competitive Examination 2005

Advertisement No. I/2005

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Corrigendum
Competitive Examination Time Table

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Applications are invited on the proforma given below, from the citizens of India, for admission to the H.P. Judicial Service Competitive Examination, 2005, to be conducted at Shimla and Dharamshala in Kangra District (in case adequate No. of candidates opt for Dharamshala centre) for appointment to 13 vacancies of Civil Judges, (Junior Division) in the pay scale of Rs.9000-14550. . Out of these vacancies 01 is reserved for Scheduled Tribes and 04 for other Backward Classes candidates of Himachal Pradesh. This examination is proposed to be conducted by the Commission tentatively w.e.f. 11^th June to 13^th June, 2005 in accordance with H.P. Judicial Service Rules, 2004 amended from time to time and Himachal Pradesh Judicial Services (Syllabus and allocation of Marks) Regulation,2005 and also according to the order of Hon’ble H.P. High Court passed on 28.02.2005 in connection with a CWP.333/2003 titled Anil Chauhan Vs. State of H.P. & others.

Note:-

i) The number of vacancies in the service together with proportionate reservation to various categories in respect of this examination may vary on the directions of the Hon’ble High Court, H.P. in CWP 333/2003.

ii) Five candidates shall be called for viva voce strictly in order of merit obtained in the written examination for each vacancy.

iii) The centre of examination at Shimla / Dharamshala stations will be intimated in the admission letter.

iv) The candidates are advised to carefully read the instructions contained in this advertisement, in H.P. Judicial Service Rules, 2004 amended from time to time and Himachal Pradesh Judicial Services (Syllabus & Allocation of Marks) Regulations,2005 to ensure that they are eligible for admission to this examination in terms of said rules, instructions and conditions. The eligibility of candidates will be determined on the basis of HPJS Rules, 2004 amended from time to time; H.P.Judicial Services(Syllabus and Allocation of Marks) Regulations,2005. The candidates who appear in the aforesaid examination if found ineligible subsequently, their candidature will stand cancelled. The eligibility of candidates called for the interview will be determined on the basis of original documents and the Commission will not be responsible if the candidature of any candidate is rejected at that stage, on that account or at the time of verification by the appointing authority. As such, admission to the examination / interview shall be purely provisional.

The candidates are required to submit complete applications on the prescribed form alongwith examination fee and copy(s) of following certificates duly attested in support of their claims.

a) Matriculation certificate or its equivalent showing the date of birth of a
candidate.

b) Copy of Graduation Degree / detailed marks certificate, issued by a recognised University.

c) Copy of Degree in Law recognised by the Bar Council of India .

d) Copies of certificates furnished by two respectable persons unconnected with candidate explicitly testifying to his character, good behavior as well as antecedents .

e) The scheduled castes, Scheduled Tribes and Other Backward Classes candidates of H.P. are also required to enclose attested copies of certificates prescribed by the Government with application form.

The Scheduled Castes, Scheduled Tribes and Other Backward Classes candidates of States other than Himachal Pradesh will be treated as general candidates. Therefore, examination fee and age limit as is applicable to general category candidate will remain applicable to them. The benefit of upper age relaxation to aforesaid reserved categories is permissible, as mentioned in the subsequent para related to ‘qualifications and age limit’.

The incomplete application will be rejected straightway and no correspondence will be entertained subsequently. No examination fee will be refunded in any case. The complete application alongwith examination fee and requisite documents in support of claims thereof must reach in the Commission’s office on or before the last date prescribed for receipt of such applications.

The centre at Dharamshala will be allotted in case the number of candidates opting for Dharmshala Centre is adequate. The Commission reserves the right to allot any centre of examination. No request for change of centre will be entertained.

THE LAST DATE FOR RECEIPT OF APPLICATIONS COMPLETE IN ALL RESPECTS FOR ADMISSION TO THIS EXAMINATION IN THE OFFICE OF THE COMMISSION IS 2nd MAY, 2005 (17^TH MAY, 2005 FOR THE CANDIDATES RESIDING IN ANDAMAN AND NICOBAR ISLANDS, LAKSHDWEEP, LADAKH DIVISION OF J&K STATE, SIKKIM, ASSAM, TRIPURA, MEGHALAYA, NAGALAND, MANIPUR, MIZORAM, ARUNACHAL PRADESH, LAHAUL & SPITI DISTRICT, PANGI AND BHARMOUR SUB DIVISIONS OF CHAMBA DISTRICT; KALPA; POOH AND NICHAR TEHSILS OF KINNAUR DISTRICT AND DODRA-KWAR SUB DIVISION OF SHIMLA DISTRICT OF HIMACHAL PRADESH), WHOSE APPLICATIONS ARE RECEIVED BY POST/ SPEED POST ONLY FROM THESE AREAS. IN CASE APPLICATIONS ARE RECEIVED BY HAND OR THROUGH COURIER SERVICE, BENEFIT OF EXTENDED TIME SHALL NOT BE AVAILABLE, REGARDLESS OF THE PLACE OF RESIDENCE OF THE APPLICANT. AFTER THESE DATES THE APPLICATIONS WILL BE REJECTED STRAIGHTWAY.

QUALIFICATIONS AND AGE LIMIT:-

)                   A candidate must be a holder of degree in Law as recognised by the Bar Council of India.

)                   A candidate must have attained the age of 22 years but must not be more than

30 years of age as on the last date prescribed for receipt of applications in the Commission’s Office.

)                   A candidate must be a citizen of India .

)                   The upper age limit is relaxable by 3 years for Scheduled Caste, Scheduled Tribes and Other Backward Classes candidates of Himachal Pradesh.

The knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Himachal Pradesh is a desirable qualification.

DISQUALIFICTIONS FOR ADMISSION TO THE EXAMINATION.- (1) No person shall be eligible for admission to the examination:-

(a) If he/ she has been dismissed from any previous service:

(b) If he/ she has been convicted of any offence involving moral turpitude or has been bound down for good conduct under the provisions contained in Chapter VIII of the Code of Criminal Procedure, or has been permanently debarred / disqualified from appearing in any examination or selection.

(d) If he is a man having more than one wife living and if a woman, has married a man already having another wife; or If he / she is an undischarged insolevent.

THE SUBJECTS AND SYLLABUS FOR THE WRITTEN EXAMINATION AND MARKS FOR EACH PAPER SHALL BE AS UNDER:-

PAPER-I

CIVIL LAW-I Code of Civil Procedure. Indian Evidence Act, Himachal Pradesh Stamp
Act, Himachal Pradesh Courts Acts, 1976 and Specific Relief Act.

PAPER-II.

CIVIL LAW-II: Indian Contract Act, Hindu Law, Indian Limitation, Transfer of
Property Act and H.P. Urban Rent Control Act.

PAPER-III.

CRIMINAL LAW:     Indian Penal Code, Criminal Procedure Code, Chapter-XVII (section
                             138 to 143) of the Negotiable Instruments Act, Punjab Excise Act as
                             applicable to the State of H.P. , Wild Life Protection Act and Indian Forest Act.

PAPER-IV.

ENGLISH

COMPOSITION : A Choice from three Essays on General Subjects.

                                       ESSAY:                                          150 Marks.
                                       Translation of Hindi
                                       Passage into English:                        50 Marks.
                                     ````````````````````````````````````````````````````````````
                                        Total:                                              200 Marks.
                                     ````````````````````````````````````````````````````````````

PAPER-V.

LANGUAGE Hindi( in Devnagri Script) No books prescribed. The paper of Hindi
will comprise of the following:-

Translation of English passage 30 Marks.
into Hindi.

Essay in Hindi on any topic 50 Marks.
out of three.

                                        Composition (Idioms and                    20 Marks.
                                        Corrections etc.).
                                     ```````````````````````````````````````````````````````````````
                                          Total:                                                 100 Marks.
                                      ```````````````````````````````````````````````````````````````

VIVA–VOCE. 100 Marks.

NOTE:- ( i ) Bare copies of legislative enactments only will be supplied.

(ii ) Each paper will last for three hours. Paper I to IV will carry 200
marks each and Paper V 100 marks. Viva-Voce will carry 100 marks.

The object of the examination is to test practical ability of the candidate, rather than the range of their theoretical knowledge. For this purpose, the paper shall include questions giving facts of a given case requiring candidates to frame issues, to write a judgement and to discuss the admissibility of evidence. Except in case of Paper-V, questions shall be set in English and the candidates shall answer questions in English. The questions in case of Paper-V shall be set in Hindi in Devanagri Script and the candidates shall answer questions in Hindi in Devanagri Script.

No candidate shall be credited with any marks in any paper unless he obtains at least 45 percent marks in that paper, except Hindi language paper (paper-V) in which candidate should obtain atleast 33 percent marks. The standard for language paper shall be that of Matriculation examination of the Himachal Pradesh Board of School Education. The standard for English paper shall be that of Graduation examination of H.P. University .

No candidate shall be considered to have qualified the written test unless he obtains 50 percent marks in aggregate in all papers and atleast 33 percent marks in language paper i.e. Hindi in Devanagri script.

Candidates who have qualified the written examination, will be required to attend at such place, as may be fixed by the Commission, for a viva-voce test. The maximum marks for the viva-voce shall be 100. The marks obtained in the viva-voce will be added to the marks obtained in the written examination for purpose of selection of the candidates.

The summoning of the candidates for viva-voce test conveys no assurance whatsoever that will be selected or recommended. Appointment orders to the selected candidates will be issued by the Government.

The inclusion of a candidate in the list of successful candidates shall not confer any right to appointment unless the Government is satisfied after such inquiry as may be considered necessary whether candidate is suitable in all respects for appointment in service before an actual offer for appointment is made. The selected candidates will also be subjected to a Medical Examination in accordance with guidelines prescribed by the Hon’ble High Court under Rule- 9 of H.P. Judicial Service Rules, 2004 read with Regulation ‘8’ of H.P. Judicial

Service (Syllabus and Allocation of Marks) Regulations, 2005.

The candidates, who may be admitted to the examination, will have to write in their own hand. In no case can an amanuensis be allowed.

The Commission does not supply any articles of stationary except authorised answer books, continuation sheets and blotting paper for use in the examination. Items such as pen, Ink, whatsoever needed have to be brought by the examinees themselves.

Re-evaluation or rechecking of Answer Books (Scripts) is not permissible nor the Commission enters into correspondence in this behalf.

The candidates are also advised to go through the H.P. Judicial Service Rules, 2004 amended from time to time and Himachal Judicial Service (Syllabus and Allocation of Marks) Regulations, 2005 and to ensure their eligibility for this examination.

It may be ensured by the candidates before submitting the applications that furnishing of false information and documents or suppression of any factual information in the application form would entail disqualification. If the fact that false information / document(s) has been furnished or that there has been suppression of any factual information in the application comes to notice at any time during the service of a person his service, would be liable to be terminated. No columns should be left blank in the application form.

The candidates are advised in their own interest to go through HPJS Rules, 2004, and the H.P. Judicial Service (Syllabus and Allocation of Marks) Regulations, 2005 alongwith this advertisement, which may be available on the Website of this Commission.

Application on the specimen form duly completed should be accompanied by examination fee of Rs. 200/- (Rs.50/- for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of Himachal Pradesh only), through Bank Draft payable in any branch of a Bank at Shimla to the Secretary, H.P. Public Service Commission, Shimla-171002.

NOTE-I DISPUTES, IF ANY SHALL BE SUBJECT TO THE JURISDICTION OF COURTS AT SHIMLA.

NOTE-II IN CASE CANDIDATE HAS ANY DOUBT ABOUT ANY QUESTION(S) IN THE QUESTION PAPER, HE IS ADVISED TO GIVE A REPRESENTATION, IN WRITING IMMEDIATELY AFTER THE EXAMINATION IS OVER TO THE SECRETARY, H.P. PUBLIC SERVICE COMMISSION AND NO REPRESENTATION SHALL BE ENTERTAINED THEREAFTER.

(RAJESH SHARMA), HAS
JOINT SECRETARY,

FORMAT

APPLICATION FORM FOR H.P. JUDICIAL SERVICE COMPETITIVE EXAMINATION,2005.
(Newspaper cutting of application/ photo copy thereof shall not be entertained )

1. Name of the applicant. Space for dully attested latest
Passport size Photograph

2. Father’s Name.

3. Sex.

4. Date of Birth (attach proof in the form of copy of Matric or equivalent certificate).

5. State to which he / she belongs.

6. Permanent Home Address.

7. Complete Correspondence Address alongwith PIN.

8. Telephone and Mobile Phone Nos., if any:-

9. Name of Category i.e.Gen. or (SC, ST, and OBC of H.P.)
(Reserved categories candidates to attach proof.)

10. Academic Qualifications:- ( After Matric onwards)

Sr.No. Exam. Passed. Subjects % of Marks. Year of Passing. Board/Uni..

1
2
3
4 (Attach Proof)

NOTE:- Degree in Law should be recognised by the Bar Council of India.

11. Name and complete address ( for Correspondence purposes) and telephone numbers of two respectable persons unconnected with the candidate for verification of candidate’s credentials.

NOTE:- Attach the credential certificates in original issued by these two persons.

12. Particulars of Bank Draft.

Bank Draft No. Date of issue. Name of Bank. Amount.
`````````````````` ````````````````` `````````````````` ````````````

13. Details of documents enclosed:-

1.
2.
3.
4.
5.

14. Centre of Examination.

Declaration

I hereby declare that I am an Indian National and the statements made in this application are true, complete and correct to the best of my knowledge and belief. I undertake that in the event of any information being found false or incorrect at any stage, my candidature is liable to be cancelled and if appointed, appointment itself shall be liable to be cancelled. I also solemnly declare that I do not suffer from any of the disqualifications shown in the advertisement, Himachal Pradesh Judicial Service Rules, 2004 or Himachal Pradesh Judicial Service (Syllabus and Allocation of Marks) Regulations 2005 and that I am eligible in all respects according to eligibility criteria prescribed.

Signature of applicant.
Place:
Date:

Corrigendum

It is informed for the information of all the concerned that the words Himachal Pradesh Stamp Act appearing under the heading Paper-I, CIVIL LAW-I in the advertisement No. I/2005 published on 03.04.2005 shall be read as “Indian Stamp Act.”
                                                                                                            Sd/-
                                                                                              Onkar Sharma, IAS
                                                                                                       Secretary

Competitive Examination Time Table

With reference to advertisement No.I/2005 published on 3/4/2005 read with Corrigendum published on 25/5/2005 it is notified for the information of all concerned that the H.P. Judicial Service Competitive Examination, 2005 shall be conducted at Shimla and Dharamshala from 11^th June 2005 to 13^th June, 2005 as per time table mentioned as under :-

Sr.No. Date Name of Paper Timing

1 11/06/05 Civil Law Paper-I 10.00 am to 01.00 pm

2 11/06/05 Civil Law Paper-II 02.00 pm to 05.00 pm

3 12/06/05 Criminal Law 10.00 am to 01.00 pm

4 12/06/05 English Composition 02.00 pm to 05.00 pm

5 13/06/05 Language Hindi 10.00 am to 01.00 pm

The Admission Letter to all the provisionally admitted candidates have been dispatched. The Candidate who do not receive the same by 8^th June, 2005 shall contact Commission’s Office during working hours thereafter.

                                                                                                           Sd/-
                                                                                              Onkar Sharma, IAS
                                                                                                       Secretary