2.6.2 Later on, in view of the importance of the commercial City of Ahmedabad and its special requirements, Ahmedabad City Civil Court, in the prototype of Bombay City Civil Court, has been established with effect from November 4, 1961. Consequently, City Civil and Sessions Court, Ahmedabad, Small Causes Court, Ahmedabad and Courts of City Magistrate at Ahmedabad came into existence. These Courts replaced the District and Sessions Courts, Provincial Small Causes Court and Courts of Judicial Magistrates of Ahmedabad.

2.6.3 The jurisdiction of the City Civil Court was confined to the City of Ahmedabad only. The remaining territory of the former District of Ahmedabad was termed as Ahmedabad (Rural) District with its headquarters at Narol.

2.6.4 On June 1, 1964, the Judicial District of Surat was abolished and in its place two new Districts, namely Surat and Valsad, with headquarters at Surat and Navsari were created.

2.6.5 On December 10, 1976 the Judicial District at Ahmedabad (Rural) has been bifurcated into two new Judicial Districts namely : (i) Ahmedabad (Rural) with headquarters at Narol and (ii) Sabar Kantha with headquarters at Himatnagar. With effect from 19-10-1988 Ahmedabad (Rural) Courts have since been shifted to Ahmedabad City (at Mirzapur).

2.6.7 In 1961, the State Government made the Rules called Gujarat Judicial Service Recruitment Rules, 1961 regulating the recruitment to the Gujarat Judicial Service, which consists of : (i) Junior Branch and (ii) Senior Branch.

2.6.8 The Junior Branch comprises of the following :

(i) Class I comprising of cadres of Civil Judges (Senior Division) and Judges of the Small Causes Court.

(ii) Class II comprising of Civil Judges (Junior Division) and Judicial Magistrates of First Class.

2.6.9 The said Recruitment Rules came to be amended by the Gujarat Judicial Service Recruitment (Amendment) Rules, 1979 by which the cadre of Civil Judges (Senior Division) includes the following :

(i) All Judicial Officers holding on the said date the post of :

(a) Civil Judge (Senior Division)

(b) Chief Judicial Magistrate and

(c) Metropolitan Magistrate.

2.6.10 The Senior Branch consisting of the following cadres :

(i) District Judges.

(ii) Principal Judge, City Civil Court, Ahmedabad.

(iii) Judges of the City Civil Court , Ahmedabad.

(iv) Chief Judge of the Small Causes Court, Ahmedabad.

(v) Chief Metropolitan Magistrate.

(vi) Addl. Chief Metropolitan Magistrate.

1. Assistant Judges.

2.6.11 Civil Judges (Junior Division) / Judicial Magistrates, First Class in the Junior Branch - Class II – are recruited from :

2.6.12 The recruitment to this cadre is made by the High Court of Gujarat.

2.6.13 The recruited candidates would be on probation for a period of two years. They are in the pay scale of Rs. 8000-275-14050.

2.6.14 There are 291 posts of such Civil Judges (Junior Division) / JMFCs.

2.6.15 The posts of Civil Judges (Senior Division)/Metropolitan Magistrates / Chief Judicial Magistrates are on the scale of Rs. 10000-325-15200. This is a mixed cadre consisting of promotees from the cadre of Civil Judges (Junior Division) and Judicial Magistrates, First Class and also direct recruits. The direct recruitment is made by the Public Service Commission as well as by the High Court.

2.6.16 The High Court selects the officers for the posts for promotion amongst the Civil Judges (Junior Division) and J.M.F.C. The Public Service Commission selects the candidates for the posts from amongst the Advocates with 5 years practice or from the cadre of Civil Judges (Junior Division) and J.M.F.C. 50% of sanctioned posts of the Metropolitan Magistrates at the relevant time is also selected by the Public Service Commission in the above manner.

2.6.17 The High Court selects the candidates from amongst the members of the Bar with the requisite qualification of 5 years Bar experience. One half of the total twelve posts of Civil Judges (Senior Division) created under Government Resolution, Legal Department No. CJM 1079/2525/D dated October 4, 1979 shall be filled up by the High Court by direct recruitment in the above manner from amongst the members of the Bar.

2.6.18 In case of direct recruits to the cadre of Civil Judges (Senior Division) / Metropolitan Magistrates / Chief Judicial Magistrates, the appointment is made by the Governor. The direct recruits appointed from the Bar will be on probation for two years.

2.6.19 There are 167 posts in the cadre of Civil Judges (Senior Division)/ Metropolitan Magistrates / Chief Judicial Magistrates at present.

2.6.20 The Judges, Small Causes Court (Mofussil) are promotional posts from the cadre of Civil Judges (Senior Division)/ Metropolitan Magistrates/ Chief Judicial Magistrates. There are 7 such posts carrying the pay scale of Rs. 10000-325-15200.

2.6.22 However, the number of posts of Judges of Small Causes Courts at Ahmedabad to be filled up by promotion and also by direct recruitment from the cadres of the Civil Judges (Senior Division) and Civil Judges (Junior Division) / JMFCs should not be less than 50% of the total number of posts in the cadre including the post of the Chief Judge, Small Causes Court.

2.6.23 The Judges of the Small Causes Courts who are directly recruited from the Bar will be on probation for a period of two years.

2.6.24 In the case of direct recruitment from amongst the members of the Bar to any post in the cadres of Civil Judges (Senior Division) and Judges of Small Causes Courts, the candidate must be less than 45 years of age in general category and 48 years of age in the case of Backward Community.

2.6.25 One post of Chief Metropolitan Magistrate and one post of Additional Chief Metropolitan Magistrate at Ahmedabad are in the pay scale of Rs. 10000-325-15200 with a special payof Rs. 200/- per month. They are promotional posts from the cadre of Civil Judges (Senior Division) / Metropolitan Magistrates / Chief Judicial Magistrates, or they can be filled up by transfer from the cadre of Assistant Judges.

2.6.26 There are 84 posts of Assistant Judges in the pay scale of Rs. 10000-325-15200 which are promotional posts from the cadre of Civil Judges (Junior Division) with 7 years of service and Civil Judges (Senior Division) with minimum 3 years of service on the civil side. The Assistant Judges shall be on probation for a period of two years.

2.6.27 The Chief Judge, Small Causes Court at Ahmedabad in the pay scale of Rs. 10000-325-15200 with a special pay of Rs. 200/- per month is a promotional post from the cadre of Judges, Small Causes Court at Ahmedabad, or it can be filled up by transfer from the cadre of Assistant Judges.

2.6.28 The posts of Chief Metropolitan Magistrate / Additional Chief Metropolitan Magistrate and Chief Judge, Small Causes Court at Ahmedabad can also be filled up by transfer of Assistant Judges.

2.6.29 There are 40 posts of the District Judges carrying a pay scale of Rs. 14300-400-18300. 50% of these posts are to be filled up by direct recruitment from amongst the members of the Bar who have practiced as advocates or pleaders for not less than 7 years. Those who are selected at the age of less than 45 years in the General Category and 48 years in the case of Backward Community are appointed in the first instance as Assistant Judges for such period as prescribed by the High Court.

2.6.30 The remaining 50% of the posts are filled up by promotion from the cadre of Assistant Judges.

2.6.31 The City Civil Court for Ahmedabad city has been constituted as per provisions of the Ahmedabad City Courts Act, 1961. The City Court is subordinate to the High Court and every decree and such specified orders are appealable to the High Court of Gujarat.

2.6.32 Appointment to the post of City Civil Court Judge shall be made by the Governor on the recommendation of the High Court.

2.6.33 The City Civil Court Judges constitute a separate cadre. Selection is made to the cadre either by direct recruitment from amongst the members of the Bar with minimum 7 years' Bar practice and from amongst the District Judges, Chief Judge of Small Causes Court, Ahmedabad and Chief Metropolitan Magistrate, Ahmedabad or from amongst the District Judges by transfer.

2.6.34 There are in all 26 posts of Judges, City Civil Court with fixed salary of Rs. 18,300/- per month.

2.6.35 The Principal Judge of the City Civil Court, Ahmedabad is selected from amongst the Judges of the City Civil Court or from the District Judges or from the members of the Bar and the appointment is made by the Governor in consultation with the High Court.

2.6.36 There are two posts in that cadre carrying the pay scale of Rs. 18400-500-22400. One post is that of Principal Judge and another post is that of Additional Principal Judge.

2.6.37 JURISDICTION

City Civil Court, Ahmedabad exercises unlimited original jurisdiction, to try Civil Suits wherein the value of the subject matter exceeds Rs. 5,000/-.

The District Judges and Assistant Judges in the District Court are having jurisdiction over the entire district concerned; while Civil Judges posted for Taluka places have jurisdiction over the Taluka limit.

The pecuniary jurisdiction for Civil Judges (Junior Divn.) is Rs.50,000/-.

All other cadres on civil side are having unlimited pecuniary jurisdiction to try Civil Suits wherein the value of the subject matter exceeds Rs. 50,000/-.

The Judges, Small Causes Courts, Ahmedabad and Mofussil are having pecuniary jurisdiction upto Rs. 5,000/-. The proposal of the High Court to raise the pecuniary jurisdiction from Rs.5,000 to Rs.50,000 is under consideration of the Government.

2.6.38 At present, training is given at the induction level for two months to the new entrants as per the rules framed by the Judicial Academy of the Gujarat State.

* * * * *