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(b) Interview/Viva-Voce.

Minimum qualifying marks in the written examination shall be 55% for General Candidates and 50% for Scheduled Castes and Scheduled Tribes candidates. 

4. The petitioner of each petition submitted application in the prescribed form. They were allotted relevant Roll Nos. A written examination was conducted on March 12, 2006 wherein the petitioners appeared. The written examination was of three hours duration and comprised both multiple questions as well as questions with descriptive answers. The respondent High Court did not declare the result of the written examination at all. However, the petitioners received letter dated June 14, 2006 from the respondent asking them to appear for interview on July 12, 2006. Since the result of the written examination conducted by the respondent was not declared, no merit list of the successful candidates who passed the written test was displayed and therefore it is the case of the petitioners that they were not in a position to find out details about the number of candidates who were declared successful in the written examination or for that matter, the number of candidates who had qualified for viva- voce test. According to the petitioners, the Registrar General of Delhi High Court verified testimonials and other documents submitted by them and informed them that the interview had been deferred and that the next date would be intimated in due course. What is averred by the petitioners is that the respondent issued letter dated September 4, 2006 directing the petitioners to appear for interview on September 20, 2006 at 2.30 P.M., but on September 19, 2006 another letter was issued intimating the petitioners that the interview fixed on September 20, 2006 was deferred. It may be mentioned that no next date of interview was intimated to the petitioners. The respondent High Court issued letter dated November 9, 2006 intimating the petitioners that the interview was fixed on November 29, 2006, but again on November 28, 2006, another letter was issued intimating the petitioners that the interview fixed November 29, 2006 was deferred. This last letter of November 28, 2006 specified that the interviews were to take place on December 7, 2006. According to the petitioners on December 7, 2006 five candidates who had cleared written test gathered in the Office of Registrar General of Delhi High Court for appearing at viva- voce test and all the five candidates were collectively called in a Chamber by the Selection Committee comprising five Honble Judges of Delhi High Court to be informed that the interview had been postponed. Meanwhile, the Selection Commettee met and resolved that as it was desirable to prescribe minimum marks for the viva-voce the matter be placed before the Full Court. Accordingly, the matter was placed before the Full Court for considering the question whether minimum marks should be prescribed for vive-voce test. The Full Court, in its meeting held on December 13, 2006, resolved as under:-

Considered. It was resolved that for recruitment to Delhi Higher Judicial Service from Bar, the minimum qualifying marks in viva-voce will be 55% for General candidates and 50% for Scheduled Castes and Scheduled Tribes Candidates.
The respondent High Court thereafter issued letter dated January 17, 2007 intimating the petitioners that the vive-voce was fixed on January 23, 2007, but on January 22, 2007 another letter was issued intimating that the interview fixed on January 23, 2007 was postponed. Again by letter dated February 2, 2007 the petitioners were intimated that they were required to appear for interview on February 5, 2007, but even on that day also, no interview could be held.

5. The respondent High Court issued letter dated February 23, 2007 fixing the oral interview on February 27, 2007 and on that day viva- voce test was finally conducted by the Selection Committee. Thereafter, the Registrar (Vig.) issued a notice dated April 10, 2007 mentioning that only three candidates were selected and the petitioners had not been selected. This notice was posted on the web-site of Delhi High Court. What is claimed by the petitioners is that the Selection Committee had not drawn final merit list on the basis of combined result of written examination and interview because if the merit list had been drawn on this basis, the petitioners would have obtained fourth or fifth position in the final merit list as only five candidates had qualified for the viva- voce test, and no cut-off marks were prescribed for viva- voce test. The petitioners claim that they filed an application under Right to Information Act before the Public Information Officer of High Court of Delhi on April 28, 2007 seeking information about the result etc. of Delhi Higher Judicial Service Examination 2006. According to the petitioners the Public Information Officer of the High Court did not supply most of the information demanded by them on the pretext of confidentiality, but in reply dated June 20, 2007 only a part of the information was given to the petitioner in Writ Petition No. 490 if 2007 that out of 250 marks for which written test was conducted, she had secured 141 marks and 363 marks out of 750 marks for which viva- voce test, was conducted. The petitioner in Writ Petition Civil No. 491 of 2007 was informed by intimation dated June 20, 2007 that she had obtained 153.50 marks out of 250 marks for which written test was conducted and 316 marks out of 750 marks for which viva- voce test was conducted. What is maintained by the petitioners is that the petitioners have been excluded from being considered for appointment to the post of Higher Judicial Services exclusively on the basis of cut off marks prescribed at the stage of viva- voce test, which is illegal and contrary to the principle laid down by the Supreme Court in Lila Dhar vs. State of Rajasthan AIR 1981 SC 1777. According to the petitioners what weightage should be attached to written test and interview depends upon the requirement of service for which selection is being made, but minimum cut off marks could not have been prescribed for viva- voce test, after process for selection had commenced. It is stressed that the oral interview was the only criteria adopted by the respondent for selection to the posts in question which is illegal and therefore the notice dated April 10, 2007 issued by the Registrar (Vig.), High Court of Delhi should be directed to be amended to include names of the petitioners also as selected candidates for appointment to the posts in question. Under the circumstances the petitioners have invoked extra ordinary jurisdiction of this Court under Article 32 of the Constitution and claimed the reliefs to which reference is made earlier.

6. On service of notice, Mr. Ramesh Chand, Deputy Registrar, Delhi High Court has filed reply affidavit controverting the averments made in the petition. In the reply it is stated that the writ petitions filed against prescription of minimum percentage of marks for qualifying at the viva- voce test, is not maintainable and therefore should be dismissed. It is mentioned in the reply that as far as selection made in the year 2000 was concerned, a candidate was required to get minimum of 55% marks if he belonged to the General Category and 50% marks if he belonged to the Scheduled Castes and Scheduled Tribes category for passing the vive-voce test and as the petitioners who belong to the General Category did not secure the minimum marks stipulated for the vive-voce, but failed, their names were not recommended for appointment. It is mentioned in the reply that another advertisement dated May 19, 2007 was issued for recruitment to the vacant posts in the Delhi Higher Judicial Service wherein the petitioners had appeared but failed and therefore also they are not entitled to the reliefs claimed in the petitions. What is pointed out in the reply is that a candidate is required to secure the stipulated minimum marks in the written examination in order to qualify for the next stage i.e. vive-voce test and therefore the respondent was justified in prescribing cut off marks at the vive-voce test. By filing the reply the respondent has demanded dismissal of the petitions.