THE HIGH COURT DEPARTMENTAL EXAMINATION RULES, 1995
No. Exam. 1102/95. - In exercise of the powers conferred by Article 229 of the Constitution of India and all other enabling powers in that behalf and in suppression of the existing Rules for the Lower and Higher Standard Departmental Examinations for the Members of the Staff of the High Court at Bombay and its Banches at Nagpur, Aurangabad and Panji-Goa the Hon'ble the Chief Justice is pleased to make the following Rules :-

1.     These Rules any be called "The High Court Departmental Examinations Rules, 1995.

2.     These Rules shall come into force from 1st August, 1995.

3.     There shall be two Examinations; namely "Lower Standard Departmental Examination." and "Higher Standard Departmental Examination."

4.     The Examinations on the Appellate Side shall ordinarily be held in the month of September every year, at Bombay, Nagpur, Aurangabad and Panji (Goa), simultaneously.

5.     The examinations on the Original Side shall ordinarly be held in the month of January every year.

6.     The dates of the examinations, as the Honourable the Chief Justice may be pleased to fix, shall be notified normally four month in advance.

7.     Candidates desirous of appearing at the Examinations shall apply in writing to the respective Secretary of Examinations through their Heads of Offices within one month from the date of Notice for conducting the Examinations.

8.     No member of the Staff shall be eligible for being promoted to the post of Assistant or other equivalent posts on the Original or Appellate Side as the case may be unless he/she has passed the Lower Standard Departmental Examination.

9.     No member of Staff shall be eligible for being promoted to the post of Section Officer  unless he/she has passed the Higher Standard Departmental Examination.

10.    The members of Staff who have completed the age of 45 years on the date of Notice of Examination or on their attaining the age of 45 years shall be exempted from passing such examinations.

        But the Seniority lost by an employee for his failure to pass the examination shall not be restored to him on account of exemption from passing the same .

11.    No member of the Staff who has not completed 7 years of service and has not passed the Lower Standard Departmental Examination shall be eligible to appeal for the Higher Standard Departmental Examination.

12.    A member of the Staff from the subordinates Court having passed the Departmental Examinations in the subordinate Court, shall be exempted from passing Paper II and III, as the case may be, of the Lower Standard Departmental Examination.


13.    A member of Staff who secures 45 per cent marks in any the Paper shall be exempted from passing the said Paper, in his or her next attempt, if he or she is required to re-appear for the said Examination;

       (i)   Provided that he she/shall avail of this Concession within next three successive Examinations.

       (ii)   The above concession will be available to the Candidates who will appear for Departmental Examinations, after these Rules come into force.

14.     The Examination Committee on the Appellate Side shall consist of (i) Registrar (ii) Additional Registrar (Administration) and (iii) Additional Registrar (Estt.).  The Additional Registrar (Admn.) shall act as the Secretary to the said Examination Committee.

15.    The Examination Committee on the Original Side shall consist of (i) Prothonotary and Senior Master (ii) Official Assignee and (iii) Additional Prothonotary and Senior Master .  In case, any of the above mentioned Officers is not available for any reason whatsoever, an Officers of equivalent cadre will take his place.  The Officer in charge of the Examination Cell, not below the rank of Assistant Prothonotary as may be nominated by the Prothonotary and Senior Master, shall act as the Secretary to the said Examination Committee.

16.     The Question Papers for the Lower and Higher Standard Departmental Examination on the Appellate and the Original Side will be set, alongwith the key Answers thereof, by the Hon'ble Judges to be nominated by the Hon'ble Chief Justice and the Answer Papers will be examined as far as possible, by the same Judges.

17.     The Paper setters/Examiners and the Supervisory staff shall be entitled to get such remuneration as may be fixed from tim to time by the Hon'ble the Chief Justice.


18.        The Answer Books duly evaluated may be over to the respective Secretary in a sealed cover within a month.

19.        Only those candidates who have secured minimum 40 marks in each of the three papers of the Higher Standard Departmental Examinations shall be eligible for the viv-voce examination.

20.        The viv-voce of the Higher Standard Departmental Examination on the Appellate Side and the same on the Original Side shall be conducted by the such Honourable Judges as may be nominated by the Honourable the Chief Justice, at Bombay on such dates as would be notified, with the approval of the Honourable the Chief Justice.

           The formats in which marks of viv-voce examinations are entered shall be duly sealed immediately after the examinations and shall be made over to the respective Secretary of Examination Committee.


21.       Every candidate shall be required to obtain 35 per cent marks in individual Paper and in aggregate 45 per cent of marks for passing the Examinations.

22.        The syllabi for the Examinations on the Appellate Side shall be as per Schedule 'A'.

23.        The syllabi for the Examinations on the Original Side shall be as per Schedule 'B'.

24.        Language of medium for the Examinations shall be English.

25.       Each Paper of Lower and Higher Standard Departmental Examinations shall carry 100 marks.

The number of questions the examinees will be required to answer in each paper shall be limited to 8 and the time allowed will be three hours.

26.       No grace marks or re-assessment of Papers shall be allowed.

 27.      No member of the Staff shall be confirmed in any of the posts unless he/she has passed the Lower Standard Departmental Examination, or until he/she completes the age of 45 years, as the case may be.

28.      In the matter of promotion/seniority and passing of Departmental Examinations the following Principles shall be followed :-

          (i)     A Clerk or any Assistant, senior in service, who has qualified himself/herself for promotion by passing the Lower or the Higher Standard Departmental Examination shall not be promoted by reverting a person junior in service who is already officiating in the respective higher cadre by reason of the fact that he/she had qualified himself/herself earlier.

          (ii)    The Seniority of Section Officers or Assistants in their respective cadres shall be determined from the date of their appointments in that cadre and not by reference to the seniorty, in the lower cadre.


29.      Nothing contained in these Rules affect the powers of the Honourable the Chief Justice to give such directions or taken such decisions or to issue such ordersin general or in any individual case, as the exigencies of the administration may require.


SCHEDULE ' A '
The Syllabi for Lower and Higher Standard Departmental Examination
for the Members of the Staff on the Appellate Side,
High Court, Bombay.


LOWER STANDARD DEPARTMENTAL EXAMINATION
Written
 General English

 Marks
Paper I          
(The Paper will include Questions on Grammer and  Idioms, Precis-writing,
Drafting and Letters Writing).
(Without Books)

 100
Paper II
 The Code of Civil Procedure, The Civil Manual, The Limitation Act,and
the Bombay Court Fees Act,
(With Books)

 100

For Panji Bench

The Code of Civil Procedure, Civil Manual, The Goa Daman and Diu,
Civil Court's Act, 1965, The Limitation Act and The Court Fees Act, 1870
(With Books)

 100
Paper III
 The Criminal Procedure Code and The Criminal Manual

 100
Note: --
 The Chapter from C.P.C. and Cri.P.C. selected as syllabus for the Lower Standard Examination are as under :-

C. P. C.

Section
 		1 to 150
Order Nos.
 		I, II, III, IV, V, VI, VIII, IX, XVI, XVI-A, XIX,  XX-A, XXIV, XXV, XXVI, XXXII, XXXIII, XXXVII, XXXVIII, XXXIX, XLI, XLII, XLIII, XL-IV, XLV, XLVI, XLVII, XLVIII, AND XLIX.


CRI.P.C.
CHAPTERS
 I, II, III, V, VI, VII,IX, XIII, XV, XVI, XIX, XX, XXI, XXII, XXVII, XXVIII, XXIX, XXX, XXXIII, XXXIV, XXXVII.




     HIGHER  STANDARD DEPARTMENTAL EXAMINATION
A. Written
Marks
Paper I
 The High Court, Appellate Side, Rules, Letters Patent, the Act and Rules relating to the conditions of Service of the High Court Judges. (With Books)

 100
Paper II
 The Maharashtra Civil Services Rules 1981 -
(i) General Condition   (ii) Pay     (iii) Leave   (iv) Joining Time   (v) Pension
(vi) Commutation of Pension, Accounts Code, Contingent Expenditure Rules,
Printing and Stationery Manual and Budget Manual. (With Books)

 100
Paper III
 Practical Knowledge of forms and Precedents such as drawing different decrees,
drafting of writs, Notices, Orders, etc. General English Composition viz. Precis-Writing and Drafting. (Without Books)

 100
B. Oral :
 Questions relating to accounts rules for maintenance, preservation and destruction of records and general questions connected with current rules and practice.
(Without Books)

SCHEDULE B

The Syllabi for Lawer and Higher Standard Departmental Examinations
for the Members of the Staff on the Original Side, High Court


LOWER STANDARD DEPARTMENTAL EXAMINATION

Written
Marks
Paper I
 General English, Questions to test examinee's General English. (The paper will include questions on grammer and idioms).  There will also be a test in precis writing, drafting and letter writting .

 100
Paper II
 (a) Question to test the examinee's knowlege of such parts of the High Court Original Side Rules, 1980 alongwith the Rules made by the High Court under Section 122 of the Code of Civil Procedure, 1908, the Limitation Act, 1963, the Bombay Court Fees Act, 1959, the Rules made under the High Court Judge's (Conditions of Service) Act, 1954, as relate to the matters falling within the scope of a Clerk's duties
(With Books)

 100

(b) Question to test the examinee's knowledge of such parts of the Office Manual, Volume I of the Office of Court Receiver as referred to the matters coming within the scope of a Clerk's duties
(With Books)

(c) Questions to test the examinee's knowledge of Rule Nos. 1, 4, 7,8,9,11,13,15,16,18,19,21,22,23,26,27,35,37,42,43,44,46,48,49,52,52A, to 52B, 53, to 55, 57,58,59, 59A, 61 to 63, 71 to 74, 80 to 87, 89, 91 to 94, 101 to 125, 130,134, 136, 136A, 143 to 146, 151 to 155, 196, 171 to 180, 182, 183A,188, 196 and 199 framed under the Presidency Twons Insolvency Act,1909, including the Forms wherever referred to int the said Rules.
(With Books)

HIGHER  STANDARD DEPARTMENTAL EXAMINATION
 A. Written  

Marks
Paper I
 (a) The Code of Civil Procedure,1908 (With Books) as relate to the matters falling within the scope of the examinee's duties.

 100

(b) Letters Patent, Company Rules, Limitation Act, 1963 and Indian Succession Act, 1925 (With Books)

(c) The Presidency Towns Insolvency Act, 1990 including the Rules and forms prescribed thereunder as relate to the matters falling within the scope of the examinee's duties (With Books.)

(d) Office Manuals of the Office of the Court Receiver (With Books)

(e) The High Court Judges' (Conditions of Service) Act, 1954 (With Books)




Paper II
 (a) The Maharashtra Civil Service Rules (Leave) 1981 and the Maharashtra Civil Services (Pension) Rules, 1982 ; The Bombay High Court (Conduct) Rules,1989; The Bombay High Court (Conduct) Rules,1989; The Bombay High Court (Discipline and Appeal) Rules, 1984 (With Books)

 100

(b) Accounts Code.

(c) Contingent Manaul.

(d) Budget Manaul and



(e) Stationary Manaul (With Books).
Paper III
 (a) Question to test practical knowledge of Forms and Precedents such as drawing of different decrees, drafting of writs, Notices, Orders etc., and to test General English Composition viz. precis-writing and drafting.

 100
B. Oral
 Questions relating to accounts rules for maintenance, preservation and destruction of records and general questions connected with current rules and practice.
100



                                                                                                                                                                         

                                                                                                                                                                           A.R. BAPAT.
                                                                                                                                                                             Prothonotary and Senior Master.






                                                                                                                                                                                            V.R. DATAR,
                                                                                                                                                                                              Registrar
High Court of Judicature at Bombay.
Dated 12th July 1995.




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