A recent notification issued by the Madras High Court inviting applications from those aiming to become District Judges for Puducherry has raised a few questions..After the Supreme Court has decriminalised adultery, can persons be prevented from applying for judicial services solely because s/he has a relationship or is living with a person outside marriage?.The notification issued on Tuesday ostensibly aims at barring candidates who are engaged in such adulterous relationships. The first disqualification clause in the said notification states as under:.“No person shall be qualified for appointment to the Service or being in service:-.(i) Who has entered into, or contracted marriage or living in relationship with a person having a spouse living, or who, having a spouse living, has entered into or contracted a marriage or living in relationship with any person;”.Thereby, apart from those in bigamous relationships, two more categories of people are disqualified from applying to write the judicial services exam to become a District Judge under the said notification, i.e..Married persons with living spouses having a relationship or living with a person other than her/his spouseUnmarried persons having a relationship or living with a person married to another living person..It is not uncommon to find that candidates are barred from applying for judicial services on grounds of being in bigamous relationships. Notifications issued by various High Courts, including those of Karnataka, Kerala, Chhattisgarh, Jammu and Kashmir and Gujarat, in the previous years have express clauses barring applications by candidates who are in a bigamous relationship. However, the instant Madras High Court notification may be the first to bar candidates in adulterous relationships after the decriminalisation of adultery last year..Other eligibility conditions in the Madras High Court notification include the furnishing of conduct endorsement certificates from at least three responsible persons not related to the candidate, one of whom should be a Senior Counsel. If any dispute were to arise as regards the suitability of a candidate for joining the judicial services, the Madras High Court’s decision on the same would be final..Inter alia, the notification also places restrictions on persons with disabilities applying for the post. As stated in the notification,.“No person shall be appointed as a member of the Service unless he is in good mental and physical health and is free from any disability, except a person who is claiming reservation under The Right of Persons with Disabilities Act, 2016. Before appointment, candidates with disability shall be required to appear before the Medical Board constituted for assessment which will examine them and certify whether they are fit for appointment to the service and their disability will not affect the effective performance of duty as a member of the service.“.The notification goes on to state that even those differently-abled candidates who apply for the post should be able carry out work performed by sitting, standing, walking, seeing, and hearing, apart from being able to communicate verbally and non-verbally..“Differently abled candidates who perform the following physical activities In addition to the medical fitness certificate produced will alone be eligible to be appointed;.Work performed by SittingWork performed by StandingWork performed by WalkingWork performed by SeeingWork performed by HearingWork performed by Reading and WritingCommunicating (Communicating would also include verbal or non-verbal communication).“.Further, such candidates are also expected to clear the exam and the vice voce test without the assistance of a scribe..“Differently Abled candidates should attend the Preliminary/Main Examination and Viva Voce Test on their own without any assistance of scribe.“.Read the Notification:
A recent notification issued by the Madras High Court inviting applications from those aiming to become District Judges for Puducherry has raised a few questions..After the Supreme Court has decriminalised adultery, can persons be prevented from applying for judicial services solely because s/he has a relationship or is living with a person outside marriage?.The notification issued on Tuesday ostensibly aims at barring candidates who are engaged in such adulterous relationships. The first disqualification clause in the said notification states as under:.“No person shall be qualified for appointment to the Service or being in service:-.(i) Who has entered into, or contracted marriage or living in relationship with a person having a spouse living, or who, having a spouse living, has entered into or contracted a marriage or living in relationship with any person;”.Thereby, apart from those in bigamous relationships, two more categories of people are disqualified from applying to write the judicial services exam to become a District Judge under the said notification, i.e..Married persons with living spouses having a relationship or living with a person other than her/his spouseUnmarried persons having a relationship or living with a person married to another living person..It is not uncommon to find that candidates are barred from applying for judicial services on grounds of being in bigamous relationships. Notifications issued by various High Courts, including those of Karnataka, Kerala, Chhattisgarh, Jammu and Kashmir and Gujarat, in the previous years have express clauses barring applications by candidates who are in a bigamous relationship. However, the instant Madras High Court notification may be the first to bar candidates in adulterous relationships after the decriminalisation of adultery last year..Other eligibility conditions in the Madras High Court notification include the furnishing of conduct endorsement certificates from at least three responsible persons not related to the candidate, one of whom should be a Senior Counsel. If any dispute were to arise as regards the suitability of a candidate for joining the judicial services, the Madras High Court’s decision on the same would be final..Inter alia, the notification also places restrictions on persons with disabilities applying for the post. As stated in the notification,.“No person shall be appointed as a member of the Service unless he is in good mental and physical health and is free from any disability, except a person who is claiming reservation under The Right of Persons with Disabilities Act, 2016. Before appointment, candidates with disability shall be required to appear before the Medical Board constituted for assessment which will examine them and certify whether they are fit for appointment to the service and their disability will not affect the effective performance of duty as a member of the service.“.The notification goes on to state that even those differently-abled candidates who apply for the post should be able carry out work performed by sitting, standing, walking, seeing, and hearing, apart from being able to communicate verbally and non-verbally..“Differently abled candidates who perform the following physical activities In addition to the medical fitness certificate produced will alone be eligible to be appointed;.Work performed by SittingWork performed by StandingWork performed by WalkingWork performed by SeeingWork performed by HearingWork performed by Reading and WritingCommunicating (Communicating would also include verbal or non-verbal communication).“.Further, such candidates are also expected to clear the exam and the vice voce test without the assistance of a scribe..“Differently Abled candidates should attend the Preliminary/Main Examination and Viva Voce Test on their own without any assistance of scribe.“.Read the Notification:
