LexASHOK KUMAR & ORS. versus THE STATE OF JHARKHAND & ORS.
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A B C D E F G H 755 ASHOK KUMAR & ORS. v. THE STATE OF JHARKHAND & ORS. (Civil Appeal No. 877 of 2018) MAY 11, 2018 [J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.] Jharkhand Judicial Service (Recruitment) Rules, 2004 – rr.21, 22 and 27 – Benefit of increment denied to the Judicial Officers till clearance of “higher grade” Hindi examination – Challenged – Held: r.22 of 2001 Rules referred to the requirement of passing examinations from time to time prescribed by the Departmental Examination Rules – When the 2004 Rules were enacted, they were in super-session of all earlier Rules and the 2001 Rules were specifically repealed by virtue of r.27 of the 2004 Rules – Thus, the earlier position stood obliterated from the commencement of the 2004 Rules – The 2004 Rules also made it clear that the said Rules shall prevail for the purposes of selecting, recruiting and appointing Members of the Jharkhand Judicial Service and regulating the terms and conditions of their service – r.21(b) of the 2004 Rules also made it abundantly clear that the successful passing of the examination to be conducted by Judicial Academy under the directions and guidance of High Court “shall alone” be the condition precedent for confirmation of the trainees – Thus, there is no doubt qua the 2004 Rules, i.e., that they alone prevail and they in turn had not provided for the requirement of clearing the “higher grade” Hindi examination – The legal position prevalent as per the 2004 Rules does not require passing of the Hindi examination as the 1963 Bihar Rules cannot be read into the 2004 Rules – Therefore, order of High Court holding that passing of Hindi Examination is mandatory is set aside – Jharkhand Judicial Service (Recruitment) Rules, 2001 – Judicial service. Allowing the appeal, the Court HELD: The reasoning of the impugned order cannot be sustained nor can it be read into the 2004 Rules a mandatory requirement of clearing the “higher grade” Hindi examination. [2017] 7 S.C.R. 755 755 A B C D E F G H 756 SUPREME COURT REPORTS [2018] 7 S.C.R. There is no quibble with the position till the 2001 Rules prevailed. This is so in view of the 1963 Bihar Rules applying on the creation of the Jharkhand State vide Act of 2000. The 2001 Rules also envisaged the clearance of the Hindi Departmental Examination, which was a reference to the 1963 Bihar Rules. However, when the 2004 Rules were enacted, they were in supersession of all earlier Rules and the 2001 Rules were specifically repealed vide Rule 27 of the 2004 Rules. Thus, the earlier position stood obliterated from the commencement of the 2004 Rules. This does not imply that such a prescription cannot be made. The appointment Notifications also, as per para 2, referred to the requirement of qualifying the test as prescribed in Rules 21 & 22 in the Jharkhand Service (Recruitment) Regulations, 2005, which should actually read the 2004 Rules, which were, however, published on 31.3.2005. These Rules in turn prescribed that the successful passing of the examination “shall alone” be the condition precedent for confirmation of the trainees. No doubt there is a further condition that the High Court may prescribe any examination to be passed but then there is no such examination required to be passed by the High Court but rather then High Court sought to interpret the Rules as if the provision contained qua the passing of the Hindi examination under the 1963 Bihar Rules as per the provision of the 2001 Rules should also be read into the 2004 Rules. Such a course of action is unsustainable. [Paras 21, 22 and 23][762-G-H; 763-B-D] Rattan Lal & Co. and Anr. v. Assessing Authority, Patiala & Anr. [1969] 2 SCR 544 – referred to. Case Law Reference [1969] 2 SCR 544 referred to Para 15 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 877 of 2018. From the Judgment and Order dated 03.03.2016 of the High Court of Jharkhand at Ranchi in W. P. (S) No. 5186 of 2014. Amit Gupta, Ms. Mansi Kukreja (For M/s. Mitter & Mitter Co.), Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Singh, Chandra Bhushan Prasad, Advs. for the appearing parties. A B C D E F G H 757 The Judgment of the Court was delivered by SANJAY KISHAN KAUL, J. 1. The Jharkhand Judicial Service (Recruitment) Rules, 2004 (hereinafter referred to as the ‘2004 Rules’) dated 31.3.2005 were published in the Gazette of 4.4.2005, having been framed in the exercise of powers conferred by Article 234 read with Article 309 of the Constitution of India. The relevant port
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