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20. The discernible ratio in K. Manjusree (supra) is that the criterion for selection is not to be changed after completion of the selection process, though in absence of rules to the contrary the Selection Committee may fix minimum marks either for written examination or for interview for the purposes of selection. But if such minimum marks are fixed, it must be done before commencement of selection process. This view has been followed by another three-Judge Bench of this Court in CIVIL APPEAL NO.2634 OF 2013 Ramesh Kumar v. High Court of Delhi25 wherein the law on the issue has been summarized thus:
21. What is important in K. Manjusree (supra) is that the minimum marks for the interview was fixed after the interviews were over. In that context, it was observed (a) that the game was played under the rule that there was no minimum marks for the interview, therefore introduction of the requirement of 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; and (b) if the interviewers had to proceed on the basis that there were minimum marks to be secured in the interview for being considered for selection and that the marks awarded by them would have the effect of barring or ousting any candidate from being considered for selection, the awarding of marks might have been markedly different. The above observation (b) lends credence to the submission made before us that a change in the eligibility cut off, after evaluation is done, denies the evaluator an opportunity to modulate the marks for placing (2010) 3 SCC 104.

27. In K. H. Siraj v. High Court of Kerala & Ors.28 the High Court of Kerala invited applications for appointment to the post of Munsif Magistrate in the Kerala Judicial Service. Out of more than 1800 candidates who had applied, 1292 applications were found valid. 118 candidates passed the written examination. Out of the said candidates, 88 passed the interview and select list was prepared from amongst these 88 candidates. Candidates who were not selected as they had not secured the prescribed minimum marks in the interview filed writ petitions contending that in the absence of specific legislative mandate prescribing cut-off marks in interviews, the fixing of separate minimum cut-off marks in the interview for further elimination of candidates after a comprehensive written test touching the required subjects in detail, was violative of the statute. The writ petitions were allowed by a single judge of the High Court against which intra-court appeal was filed before division bench of the High Court. The division bench set aside the order of the learned single judge against which appeals came before this Court. While dismissing the appeals upon interpretation of Rule 7 of the Kerala Judicial Service Rules, 199129, this Court held:

28. The decision in K.H. Siraj (supra) makes it clear that if the rules governing recruitment provides latitude to the competent authority to devise its procedure for selection it may do so subject to the rule against arbitrariness enshrined in Article 14 of the Constitution. Even K. Manjusree (supra) does not proscribe fixing minimum marks for either the written test, or the interview, as an eligibility criterion for selection. What K. Manjusree (supra) does is to regulate the stage at which it could be done. This is clear from the decision of this Court in Hemani Malhotra v. High Court of Delhi.31 In Hemani (supra) a contention was raised that the decision in K. Manjusree (supra) should be regarded as per incuriam for not having noticed earlier decisions in Ashok Kumar Yadav v.