Tag Archives: Judicial Service

CIVIL

Lower Judicial Services Examination

Judicial services for the post of Munsif or Judicial Magistrate generally conducted by every state in India and usually called subordinate judges examination or lower judicial examinations.

General pattern of the syllabus is more or less common to all states 
such as :-
  1. Preliminary [Objective types]
  2. Main [descriptive types]
  3. Personality Test

Judicial Services conducted by the following States

Arunachal Pradesh Judicial Service
Assam Judicial Services
Bihar Judicial Services
Chattisgarh Judicial Services
Delhi Judicial Services
Goa Judicial Service
Haryana Judicial Services
Himachal Pradesh Judicial Services
Jammu & Kashmir Judicial Services
Jharkhand Judicial Services
Karnataka Judicial Service
Kerala Judicial Service
Madhya Pradesh Judicial Services
Maharashtra Judicial Service
Manipur Judicial Service
Mizoram Judicial Services
Nagaland Judicial Service
Odisha Judicial Service
Punjab Judicial Services
Rajasthan Judicial Services
Sikkim Judicial Service
Uttarakhand Judicial Services
Uttar Pradesh Judicial Services
West Bengal Judicial Services

Delhi High Court Judicial Services Exam Pattern 2018

  • Delhi High Court Judicial Service Prelims Exam is of Objective Type.
  • DJS Mains Exam is of Conventional Type.
  • Prelims Exam is conducted for 200  Marks & Mains examination os for 850 Marks.
  • There is a negative marking of 0.25 marks for every incorrect answer in the Prelims Exam.
Delhi Judicial Service  Prelims Exam Pattern
S.No Type of The Test Name of the Subjects No of Questions Total No of Marks
1. Objective Type Exam General Knowledge 200 200
2. English
3. Constitution of India
4. Code of Civil Procedure
5. Code of Criminal Procedure
6. Indian Penal Code
7. Contract Act
8. Partnership Act
9. Principles Governing Arbitration Law
10. Specific Relief Act
11. Limitation Act
12. Evidence Act 
Delhi High Court Judicial Services Exam Mains Test Pattern
S.No Type of The Exam Name of the Subjects Maximum Marks
1. Conventional Type General Knowledge & Language 250
2. Civil Law I 200
3. Civil Law II 200
4. Criminal Law 200
Total 850 Marks 
 Syllabus  Prelims Exam[ Objective types]
  • English.
  • Constitution of India.
  • General Knowledge.
  • Code of Civil Procedure.
  • Code of Criminal Procedure.
  • Specific Relief Act.
  • Indian Penal Code.
  • Contract Act.
  • Principles Governing Arbitration Law.
  • Limitation Act.
  • Partnership Act.
  • Evidence Act.

 General Knowledge

  • Geography.
  • Economic Scene.
  • Sports.
  • Scientific Research.
  • Current Events.
  • History.
  • Culture.
  • General Polity including Indian Constitution.
  • Sports & Games.
  • Countries and Capitals.
  • National & Internation affairs.
  • States & Capitals.
  • Countries & Currencies.
  • Daily News.
  • Famous Personalities.
  • Art & Culture.
  • Current GK

 English

  • Idioms & Phrases.
  • Antonyms.
  • Adverb.
  • Adjectives.
  • Para Jumbles.
  • Synonyms.
  • Reading Comprehension.
  • Sentence Corrections.
  • Error Spotting/Phrase Replacement.
  • Unseen Passages.
  • Cloze Test.
  • Fill in the Blanks.
  • Verb.
  • Missing Verbs.
  • Phrase Replacement.
  • Meanings.
  • Word Formations.
  • Sentence Rearrangement.
  • Subject-Verb Agreement.
  • Articles.
  • Grammar.
GENERAL KNOWLEDGE AND LANGUAGE-----------PAPER 1
  1. General knowledge [100 marks]
  2. English Language[150 Marks]– Essay + Translation+ Precis writing
 Civil Law I- conventional or descriptive types[200 MARKS]---------PAPER 2
  • Indian Sale of Goods Act.
  • Specific Relief Act.
  • Indian Contract Act.
  • Mohammedan Law.
  • Indian Partnership Act.
  • Delhi Rent Control Act        &        Law of Torts.
 Civil Law II[200 MARKS]--------------------PAPER 3
  • Law of Evidence.
  • Civil Procedure Law.
  • Law of Limitation.
  • Law of Registration.
 Criminal Law[200 MARKS]---------------PAPER 4
  • Indian Penal Code.
  • Criminal Procedure Code.
  • Indian Evidence Act.
VIVA VOCIE [150 MARKS]

____________________________________________________________________

West Bengal Judicial Service Examination Syllabus

It is a three stage examination:
(i) Preliminary Examination (Multiple Choice Objective Type)
(ii) Final Examination (Conventional Type – Written)
(iii) Personality Test

Preliminary Examination

The Preliminary Examination will consist of one paper of Objective Type consisting of 200 Multiple Choice Questions. The paper will carry 200 marks and will be of 21/2 hours’ duration.
The Standard of the paper will be of the level of knowledge as expected of a graduate in Law of a recognized University. The paper will include questions covering the following fields of knowledge :

  1. English Composition 30 marks
  2. General Knowledge, Current Affairs and Test of Reasoning 40 marks
  3. Indian Constitution 20 marks
  4. Law of Contracts and Torts 20 marks
  5. Laws of Evidence 20 marks
  6. Civil Procedure Code 20 marks
  7. Criminal Procedure Code and Indian Penal Code 20 marks
  8. Personal Law 10 marks
  9. Law of Limitation 20 marks

Questions on English Composition will cover:

  1. Synonyms
  2. Antonyms
  3. Idioms and phrases
  4. Vocabulary test
  5. Phrasal verbs
  6. Same words bearing more than one meaning
  7. Use of appropriate and qualifying words etc.

Final Examination

The Final examination will consist of eight compulsory papers and three papers on optional subjects to be chosen by the candidates from the list of Optional Subjects. Each compulsory and Optional paper will carry 100 marks and will be of three hours’ duration.Compulsory Papers:

  1. English Composition, Essay and Précis writing
  2. Bengali / Hindi / Urdu / Nepali Composition, Essay and Translation from English into Bengali / Hindi / Urdu / Nepali
  3. General Knowledge and Current Affairs
  4. Civil Procedure Code
  5. Criminal Procedure Code and Indian Penal Code
  6. Indian Evidence Act
  7. Law of Contracts and Torts
  8. Transfer of Property Act.

Optional Papers

  1. Hindu Law
  2. Muhammadan Law
  3. Jurisprudence and Principles of Legislation
  4. Indian Law relating to Companies and Insurance
  5. Principles of Equity including the Law of Trusts and Specific Relief
  6. Partnership Act
  7. Law of Limitation and Law of Prescription
  8. The Indian Constitution and Constitutional Law.

Personality Test (100 marks)

The final merit list will be prepared on the basis of total marks obtained in the Final Examination and the Personality Test.

_______________________________________________________________

 

CIVIL, State Legislation

Assam District and Sessions Judges Establishment (Ministerial) Services Rules, 1987

Notification No. JDJ. 282/84/123, dated 26th October, 1987.
1. Short title and commencement.
2. Definitions.
3. Service.
4. Status of the service.
5. Strength of Service.
6. Recruitment.
7. Conditions of eligibility.
8. Reservation.
9. Gradation list.
10. Confirmation.
11. Discharged or reversion before confirmation.
12. Seniority.
13. Right of appeal.
14. Pay.
15. Leave, pension, etc.
16. Power to dispense with or relax any rule.
17. Establishment of Special Judge.
18. Interpretation.
19. Power of transfer.

The Assam District and Sessions Judges Establishment (Ministerial) Services Rules, 1987

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is pleased to make the following Rules regulating recruitment and conditions of service of persons appointed to the Assam District and Sessions Judges Establishment (Ministerial) Service, namely:

Preliminary

1. Short title and commencement. – (1) These Rules may be called “The Assam District and Sessions Judges Establishment (Ministerial) Service Rules, 1987”.

(2) They shall come into force at once.

2. Definitions. – In these Rules unless there is anything repugnant in the subject or context-

(1) “Appointing authority” means the District and Sessions Judge ;

(2) “District and Sessions Judge” means the District and Sessions Judge of the District;

(3) “District and Sessions Judges Establishment” means and includes all non-gazetted ministerial staff in the office of the District and Sessions Judge Additional District and Sessions Judge Assistant District and Sessions Judge, Special Judge and Munsiffs of the District;

(4) “Government” means Government of Assam;

(5) “Members of the Service” means a member of the Assam District ana Sessions Judges Establishment (Ministerial) Service;

(6) “Additional District and Sessions Judge” means officer appointed as such and holding the post under the Assam Judicial Service Rules, 1967;

(7) “Special Judge” means an officer appointed as such under the Criminal Law (Amendment) Act, 1953;

(8) “Assistant District and Sessions Judge” means an officer appointed as such and holding the post under the Assam Judicial Service Rules, 1967;

(9) “Munsiff” means an officer appointed as such and holding the post under the Assam Judicial Service Rules, 1967;

(10) “Service” means the Assam District and Sessions Judges Establishment (Ministerial) Service;

(11) “Year” means the English Calendar year; and

(12) “Board” means the Selection Board consisting of a Chairman and two other Members.

Cadre

3. Service. – (1) The Service shall comprise of the following categories of posts:

(i) Sheristadar of District and Sessions Judge

(ii) Sheristadar of Additional District and Sessions Judge.

(iii) Sheristadar of Assistant District and Sessions Judge.

(iv) Head Assistant.

(v) Supervisory Assistant/Sheristadar of Munsiff/Upper- Division Assistant.

(vi) Lower Division Assistant.

(2) Each of the categories of posts in sub-rule (1) shall form an independent Cadre. Members of a lower cadre shall have no claim for appointment to any of the higher cadres except in accordance with the provisions made in these rules.

4. Status of the service. – The Status of the members of the Service shall be that of class III non-gazetted ministerial service.

5. Strength of Service. – The number of posts, permanent as well as temporary, under each of the categories mentioned in sub-rule (1) of Rule 3 shall be such as may be determined by Government from time to time.

Recruitment

6. Recruitment. – Recruitment to the Service shall be made by the appointing authority according to the procedure laid down below:

(1) Sheristadar of District and Sessions Judge. – By selection from amongst the persons who must have served continuously as Sheristadar of Additional District and Sessions Judge or as Head Assistant in the District and Sessions Judges Establishment at least for 5 years.

(2) Head Assistant and Sheristadar of Additional District and Sessions Judge. – By selection from amongst the persons who must have served as Supervisory Assistant or a Sheristadar of Munsiff or a Sheristadar of Assistant District and Sessions Judge or Upper Division Assistant continuously for 3 years in the District and Sessions Judges Establishment.

Note. – For the purpose of promotion of Supervisory Assistant, Sheristadar of Assistant District and Sessions Judge, Sheristadar of Munsiff and Upper Division Assistant, the District and Sessions Judge shall prepare a select list at the beginning of each year taking into account the number of vacancies likely to occur during the year in question. The District and Sessions Judge shall associate the Additional District and Sessions Judge, Assistant District and Sessions Judge and Munsiff in the selection. The criterion for selection shall be on the basis of seniority-cum-merit and the Select list shall remain valid for one year from the date of recommendation of the Selection Board. It shall be reviewed after one year and all those eligible shall again be considered.

(3) Sheristadar of Assistant District and Sessions Judge, Supervisory Assistant, Sheristadar of Munsiff. – By promotion from amongst the Upper Division Assistants of the District and Sessions Judges Establishment (Ministerial) concerned on the basis of seniority-cum-merit who have rendered not less than 7 years of service in the District and Sessions Judges Establishment (Ministerial) concerned out of which at least 3 years shall be of continuous service as Upper Division Assistant on the 1st day of the year in which the promotion is made.

Note. – For the purpose of promotion of the Upper Division Assistant, the District and Sessions Judge shall prepare a select list at the beginning of each year taking into account the number of vacancies likely to occur during the year in question. The District and Sessions Judge shall associate the Additional District and Sessions Judge, Assistant District and Sessions Judge and Munsiff in the selection. The criterion for selection shall be on the basis of Seniority-cum-merit and the select list shall remain valid for one year from the date of recommendation of the Selection Board. It shall be reviewed after one year and all those eligible shall again be considered.

(4) Upper Division Assistant. – By promotion on the basis of seniority-cum-merit from amongst the Lower Division Assistants of the District and Sessions Judges Establishment who have rendered not less than 5 years of service on the 1st day of the year in which the promotion is made.

Note. – For the purpose of promotion the District and Sessions Judge shall prepare a select list at the beginning of each year taking into account the number of vacancies likely to occur during the year in question. The District and Sessions Judge shall associate the Additional District and Sessions Judge(s). Assistant District and Sessions Judges and Munsiffs in the selection. The criterion for selection shall be on the basis of seniority-cum-merit. The select list shall remain valid for one year. It shall be reviewed after one year and all those eligible shall again be considered.

(5) Lower Division Assistant. – (a) By direct recruitment on the basis of a competitive examination to be conducted by the District and Sessions Judge at the beginning of each year unless otherwise directed by Government in this behalf.

Note. – At the beginning of each calendar year the District and Sessions Judge shall call for applications to fill up up temporary vacancies of any kind of posts which are likely to occur in course of the year in their respective establishments. On receipt of applications by a specified date, a test shall be held and list of all candidates suitable for appointment to the posts of Lower Division Assistant shall be prepared in order of merit by the District and Sessions Judge. The list shall remain valid for one year unless it is extended earlier and one such list shall be prepared every year. The District and Sessions Judge shall make all appointments during the year from such a select list. The syllabus for such tests shall be as specified in the Schedule I.

(b) By selection strictly on the basis of merit from amongst the copyists, Typists of the District and Sessions Judges Establishment having educational qualifications as required for direct recruitment of Lower Division Assistants who have rendered not less than 7 years of service on the first day of the year in which the selection is made.

(c) By selection on the basis of seniority-cum-merit from amongst Grade IV staff of the District and Sessions Judges Establishment concerned who have passed the High School Leaving Certificate or equivalent examination and have rendered at least 7 years of continuous service in the District and Sessions Judges Establishment on the 1st day of the year in which selection is made.

Note. – (i) The proportion of vacancies to be filled up in any year according to Clauses (a), (b) and (c) of sub-rule (5) of this rule shall be 80 : 10 : 10 respectively. In the event of sufficient number of qualified or suitable persons not being available in category (b) and (c) the balance shall be made up from category (a), i.e. through direct recruitment. Here vacancies shall include both permanent and temporary vacancies.

(ii) Appointment by selection under Clauses (b) and (c) of sub-rule (5) of this rule shall be made by the District and Sessions Judge from amongst the eligible Grade IV staff.

7. Conditions of eligibility. – In order to be eligible for competing in the examination for appointment as Lower Division Assistant, a candidate must satisfy the following conditions:

(i) Nationality. – He must be a citizen of India.

(ii) Age limits. – He must not be less than 18 Years of age and more than 30 years of age on the first day of the year in which the examination is held:

Provided that in the case of candidates belonging to special categories, the upper age limit shall be subject to such relaxation as may be made by Government from time to time.

Explanation. – “Special categories” means persons belonging to Scheduled Castes/Scheduled Tribes, Political Sufferers, War Service candidates and such other persons or class of persons as may be notified by Government from time to time.

(iii) Educational Qualification. – He must have passed the High School Leaving Certificate Examination from a recognised University/Board or any examination declared equivalent thereto by the Government.

Note. – Pending conversion of all the existing Schools into Higher Secondary Schools and during the transitional period when both the old courses and the new courses continue together the instruction issued by Government from time to time in this regard shall be followed.

(iv) He must not have more than one wife living; provided the Government may for good and sufficient reasons exempt any candidate from the operation of this condition.

(v) No candidate shall be eligible for appointment if he, after undergoing such medical examination as Government may specify, is found to be not in good mental or bodily health and not free from any mental or physical defect likely to interfere in the discharge of his duties.

(vi) Inclusion of a candidate’s name in the list shall confer no right to appointment unless the appointing authority is satisfied after such enquiry as he may consider necessary that the candidate is suitable in all respects for appointment.

8. Reservation. – In all cases of appointment by direct recruitment as well as by promotion, there shall be reservation in case of candidates belonging to the member of Scheduled Caste/Scheduled Tribe as per provision of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and Rules framed thereunder. There shall also be reservation for candidates belonging to Other Backward Classes including More Other Backward Classes as per Government Instructions contained in O.M. No. ABP. 338/83/14, dated 4-1-1984 for direct recruitment only. General orders in respect of reservation in favour of other categories of candidates as may be in force for the time being, shall also be followed.

9. Gradation list. – A gradation list of the staff of the amalgamated establishment shall be prepared every year and the same shall be approved by the District and Sessions Judge and published once a year.

Confirmation, Seniority, etc.

10. Confirmation. – (1) Subject to availability of a permanent vacancy every member of the service shall be confirmed in the grade to which he is appointed if he-

(a) has completed at least one year of service to the satisfaction of the appointing authority; and

(b) is considered fit for confirmation by the appointing authority.

(2) Subject to the aforesaid conditions, confirmation shall be made on the basis of seniority as determined under Rule 11.

11. Discharged or reversion before confirmation. – At any time before confirmation a member is liable to be reverted to his next lower rank or to a lower post on which he holds a lien or be discharged from the service in case he is a direct recruit, if he cannot qualify for such confirmation even after a second chance or if his performance of duty has not been satisfactory and/or if the appointing authority finds him otherwise unfit to hold the post.

12. Seniority. – (i) In the Lower Division Cadre, the seniority shall be according to the date of appointment, if the persons join the appointments within 15 days of the receipt of the order of appointment:Provided that in case a persons is prevented from joining within the said period of 15 days by circumstances of a public nature or for reasons beyond his control, the appointing authority may extend it for a further period of 15 days. If the period is not so extended, his seniority shall be determined in accordance with the date of joining. Where however more than one person are appointed on the same date their inter-se seniority shall be determined according to their position in the merit list prepared by the District and Sessions Judge as mentioned in Note below Clause (a) of sub-rule (5) of Rule 6:

Provided further that the inter-se-seniority among Lower Division Assistants appointed under Clauses (a), (b) and (c) of sub-rule (5) of Rule 6 on the same date shall be according to the following order:

(a) Assistants appointed under Clause (a) of sub-rule (5) of Rule 6.

(b) Assistants appointed under Clause (b) of sub-rule (5) of Rule 6

(c) Assistants appointed under Clause (c) of sub-rule (5) of Rule 6.

(ii) In the Upper Division (including Sheristadar of Munsiff) Cadre, the seniority shall be according to the position in the select list from which the promotion to posts of Upper Division Assistant is made.

(iii) In the Head Assistant Cadre, the seniority shall be according to the date of promotion to the post of Head Assistant.

(iv) In the Sheristadar of District Judge Cadre, the seniority shall be according to the date of appointment.

(v) If confirmation of a member of the service in a Cadre is delayed on account of his failure to qualify for such confirmation, he shall lose his position in order of seniority in that Cadre vis-a-vis such of his juniors as may be confirmed earlier than him. His original position in that particular Cadre shall, however, be restored on his confirmation subsequently.

13. Right of appeal. – Every member of the service shall have the right to appeal from the orders of the District and Sessions Judge to the Government, i.e., Secretary to the Government of Assam, Judicial Department.

14. Pay. – The scale of pay admissible to members of different cadres shall be as shown in Schedule II subject to such revision as may be made by Government from time to time.

Miscellaneous

15. Leave, pension, etc. – Except as provided in these rules, all matters relating to pay, allowances, leave, pension, discipline and other conditions of service shall be regulated by general rules framed by Government from time to time.

16. Power to dispense with or relax any rule. – Where the appointing authority is satisfied that the operation of any of these rules may cause undue hardship in any particular case,it may dispense with or relax the requirement of that rule to such extent and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner:Provided that the case of any person shall not be dealt with in any manner less favourable to him than that provided in any of these rules.

17. Establishment of Special Judge. – (1) The recruitment and conditions of service of the members of the Ministerial staff in the establishment of the Special Judge will be regulated mutatis-mutandis in accordance with these rules.(2) The Special Judge shall exercise the same powers as are vested in the District and Sessions Judge in relation to the Ministerial staff in his establishment.

18. Interpretation. – If any question arises relating to the interpretation of these rules, it shall be referred to the Government in the Judicial Department whose decision thereon shall be final.

19. Power of transfer. – The power of transfer and posting of staff from one District to another District vest with the Government in the Judicial Department.

20. Repeal and savings. – Any rules corresponding to these rules in force immediately before the commencement of these rules are hereby repealed.Notwithstanding such repeal any order made or any action taken under the rules so repealed shall be deemed to have been validly made or taken under the corresponding provisions of these rules.

Schedule I

[See Rule 6 (5)]

The syllabus for test for direct recruitment

Subject
Marks
1.
General English
75
2.
Official Language
75
3.
Drafting (English and Official language)
100
4.
Interview
50
Total
300
Schedule II
[See Rule 14]

Post

Scale of pay
1. Sheristadar of District Judge Rs. 875-40-1075-EB-40-1275-45-1500/- p.m.
2. Head Assistant Rs. 700-30-850-EB-35-1200/- p.m.
3. Sheristadar of Additional District and Sessions Judge Rs. 700-30-850-EB-35-1200/- p.m.
4. Sheristadar of Asstt. District and Sessions Judge Rs. 675-25-800-EB-30-1100/- p.m.
5. Supervisory Asstt./Sheristadar of Munsiff/Upper Division Assistant Rs. 675-25-800-EB-30-1100/- p.m. (special pay of Rs. 30/- p.m. is allowed to Sheristadar of Munsiff and Supervisory Assistant).
6. Lower Division Assistant

Rs. 470-12-530-EB-12-590-EB-15-680-20-800/- p.m.
CIVIL

Sivanandan C.T. & Ors. Vs. High Court of Kerala & Ors[SC 2017 November]

Keywords: Higher Judicial Service

sc

Referred to larger bench

Date: November 14, 2017

SUPREME COURT OF INDIA

Sivanandan C.T. & Ors. Vs. High Court of Kerala & Ors.

[Writ Petition (Civil) No. 229 of 2017] [Writ Petition (Civil) No. 232 of 2017] [Writ Petition (Civil) No. 379 of 2017] [Writ Petition (Civil) No. 618 of 2017]

O R D E R

1. The selection of District & Sessions Judges in the Kerala Higher Judicial Service in the year 2015 has given rise to this litigation. As per the Notification dated 30.9.2015 the selection was to be conducted by written examination and viva-voce. The written examination of two papers carried 300 marks (150 marks for each paper). The viva-voce was for 50 marks. It was stipulated that those general and OBC candidates who secured 50 percent in the written examination without any separate minimum and SC/ST who secured 40 percent were qualified to participate in the viva-voce.

2. In terms of the Resolution of the Full Court dated 13.12.2012, there should be no minimum cut-off marks for the interview. The final merit list was to be prepared in the following manner:- “..The merit list of successful candidates will be prepared on the basis of the total marks obtained in the written examination and viva-voce.”

As a matter of fact, two selections were held in the years 2013 and 2014 without cut-off marks for the viva-voce. As per the Resolution dated 13.12.2012, after publishing the result of the examination, the candidates were interviewed by the Selection Committee. However, after the viva-voce, the Administrative Committee (consisting of the same members as the Selection Committee) resolved to draw up a list of successful candidates on the basis of same separate minimum percentage of marks in the viva-voce as in the written examination.

According to the Administrative Committee, the fixing of the minimum marks for  the viva-voce was not a deviation from the approved scheme since “it was never the intention of the Full Court to select persons who do not attain the minimum required bench mark for such a responsible post”. The merit list thus drawn by the Administrative Committee on the basis of the minimum marks in the viva-voce was approved by the Full Court and those candidates were appointed accordingly. That selection is challenged in these cases.

3. The main contention is that the rules of the game could not have been changed after the game is played and the result of the game is known to the selectors.

4. Though several other contentions are raised by both sides, we find that the decision in K. Manjusree v. State of Andhra Pradesh and another, squarely applies to the facts of this case. In Manjusree (supra), 75 marks were allotted for the written examination and 25 marks for the interview. The aggregate governed the merit. However, the written examination was conducted for 100 marks. When the Full Court noticed this, a sub-committee was appointed to make the arithmetical correction to scale down the marks in the written examination to 75 instead of 100.

The sub-committee did two things –

(1) it made the arithmetical correction (2) it introduced the same cut-off percentage for the interview as in the written examination and thus revised the merit list, which was approved by the Full Court. In the process, a few candidates were removed from the original merit list including Manjusree. A Bench of three Judges of this Court held that “introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible”. The Bench specifically noted that the Resolution of the Full Court to not specifically stipulate minimum marks for viva-voce was still in force. Yet, when the sub-committee introduced the change, the same was approved by the Full Court.

5. Tej Prakash Pathak and others v. Rajesthan High Court and others has, however, specifically doubted the correctness of Manjusree (supra) on the point whether “….changing the rules of the game after the game was played…. is clearly impermissible” and has made a Reference to a larger Bench for an authoritative pronouncement. It is also relevant in this context to note that Salam Samarjeet Singh v. High Court of Manipur At Imphal and Anr. which dealt with almost a similar issue was heard by a three Judge Bench in view of the difference of opinion and it has also since been posted along with Tej Prakash (supra) by order dated 10.08.2017.

Hence, it is only appropriate to refer this matter also to the larger bench to be heard along with Tej Prakash (supra).

Ordered accordingly.

 (KURIAN JOSEPH)

 (R. BANUMATHI)