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i) As per the notification, the marks obtained in the written examination and viva-voce have to be taken together for the completion of selection process and therefore, after written examination is completed, there is no power on the part of the first respondent to reduce the number of candidates to be called for interview. Even though ultimately he accepts that large number of candidates that is, 2047 in total, have written examination and therefore, it may not be possible for calling each and every one of them for viva-voce examination, according to him, there should be a clear methodology for the purpose of calling the number of candidates for viva-voce examination. He would also submit that since as per the list of candidates for viva-voce, the last candidate has obtained 37.5 marks out of 75, 50% marks have been taken as cut-off marks for which, according to the learned counsel, there is no rational basis. He would rely upon the judgments in Sanjay Singh and another vs. U.P.Public Service Commission, Allahabad and another [(2007) 3 SCC 720] and Durgacharan Misra vs. State of Orissa and others [(1987) 4 SCC 646].
24. The Rules which govern the appointment of District Judges (Entry Level) is the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007. The said Rules apply for the appointment of Judges at various levels and we are concerned with category 3 in Rule 3 viz., District Judges (Entry Level). As far as the appointment of District Judges is concerned, as per Article 233 of the Constitution of India, which has been elicited above, the High Court is the authority to complete the selection process while the appointment is by the Governor of the State.