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W.P.(C)No.294/2015

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C)No.294 of 2015

Salam Samarjeet Singh .....Petitioner

Versus

High Court of Manipur at Imphal & Anr. .....Respondents

J U D G M E N T

Shiva Kirti Singh, J.

1. I have perused the judgment written by Banumathi, J. Since I am

unable to agree with the same, I hereby record my views on the main

issues involved in the case.

2. As most of the relevant facts including the submissions of the rival

parties as well as relevant provisions of rules have already been

extracted, I will borrow and refer from such facts and statutory

provisions where ever necessary. Only to recapitulate the seminal facts,

it is noted that the relevant advertisement for filling up a single vacancy

in the post of District Judge (Entry Level) by way of direct recruitment

through examination of 2013 was published on 15.5.2013. The

advertisement disclosed that the recruitment shall be governed by the

Manipur Judicial Service (Recruitment and Conditions of Service) Rules,

2005 (for brevity, ‘the Rules’). The duly filled applications were to be sent

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W.P.(C)No.294/2015

to Registrar, High Court of Manipur at Imphal. Inter alia, it was also

indicated, as is the position in the Rules, that for being called for viva

voce test a candidate must secure in the written examination 60% marks

if he is from unreserved category and 50% if he is of reserved category.

The viva voce was to carry 50 marks. The examination was held in July

2013. As per initial notification dated 17.10.2013, the Joint Registrar

notified that none of the candidates was successful in their written

examination. The mark sheet was published on 29.01.2014 in which

petitioner being a scheduled caste category candidate had secured more

than the minimum qualifying marks of 50%. In fact he had secured

52.8% marks. Hence petitioner filed a representation on 04.02.2014 for

reconsideration of his result. On 07.02.2014 the High Court issued a

corrigendum and declared the petitioner as successful in the written

examination. Be it noted that the petitioner was the only successful

candidate for the unreserved single post under contest. For almost a

year the recruitment process remained at a standstill. Through a letter

dated 29.01.2015 the petitioner was informed that viva voce will be held

on 12.02.2015. The petitioner undertook the said test. On 19.02.2015

the petitioner learnt from a notice dated 16.02.2015 issued by the Joint

Registrar of the High Court and placed on the Notice Board of the High

Court that the petitioner had failed to qualify in the interview.

3. The petitioner made a request for certain informations under the RTI Act

from the concerned officer of High Court of Manipur on 21.02.2015. The

informations sought for included queries as to whether there was any

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W.P.(C)No.294/2015

pass mark/cut-off mark out of the total 50 marks for the interview and

also details of the particular rule under which he had failed in the

interview. The information was supplied on 19.03.2015 disclosing that

he had obtained 18.8% marks in the viva voce test and the cut-off

mark/pass mark is 40% out of total 50 marks for the interview. The

High Court did not provide reference to any particular rule under which

petitioner had been found not qualified in the interview.

4. It is not in dispute and it was subsequently discovered that the Full

Court of the Manipur High Court had resolved on 12.01.2015, only a few

days before interviewing the lone candidate- the petitioner, to fix 40% as

the pass mark for viva-voce. Since the petitioner was interviewed by all

the three Judges of the High Court in the viva voce and was declared to

have failed on account of pass marks prescribed for viva voce

examination by the Full Court on 12.01.2015, he did not have much

option but to prefer the present writ petition in this Court mainly to seek

the relief for quashing of his viva voce result dated 16.02.2015 and for

declaration of his result for appointment to MJS Grade I with

retrospective effect from a reasonable date and/or to grant any just and

equitable relief in the facts and circumstances of the case.

5. A perusal of relevant informations given to the candidates in the

advertisement, particularly the general instructions contained in

Appendix ‘A’ of the Scheme of Examination clearly discloses that

scheduled caste candidates shall be eligible for the viva voce examination

on obtaining 50% or more marks in the written examination. It is also

clearly spelt out that selection of candidates shall be made on the basis