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(4) With regard to Clause (c) of same para Their Lordships have also directed to follow the written examination and interview in accordance with the relevant Rules enacted by the States for direct appointment to Higher Judicial Services. When the Hon'ble Supreme Court have not prescribed the minimum pass mark for interview and had directed for following the relevant Recruitment Rules, it must be the Recruitment Rules with regard to the interview have to be followed to comply the directive of the Hon'ble Supreme Court.

Total . .100 marks B. Interview Interview shall carry 30 marks.

Candidates shall be called for interview in the proportion of 1.10 provided that such candidates have obtained at least 50% of marks in each of the written papers.

C. The final merit list shall be prepared on the basis of the marks obtained in the written tests and interview.

Provided that a candidate shall not be included in the merit list unless he secures at least 50% of marks in each of the written papers and a minimum of 40% of marks in interview."

(Underlined for emphasis)

28. From the aforesaid OSJS & OJS Rule, it is clear that there are 200 marks in written examination and 30 marks in interview. The candidate who has secured 50% of marks in each of the written paper shall be called for the interview and a minimum 40% of marks shall be secured in the interview to be included in the merit list. As per the directive of the Hon'ble Supreme Court 200 marks for the written examination have been reduced to 150 marks and the interview marks have been raised to 100 marks. Moreover, there is no any aggregate marks to be secured in the written examination under the Rules whereas the aggregate marks of 40% for General candidates and 35% for SC/ST/OBC candidates have been prescribed by the directive of the Hon'ble Supreme Court. Without prescribing any mark for the interview specifically their Lordships directed to follow the OSJS & OJS Rule so far as the interview and the written examination are concerned for direct recruitment to the post of District Judges. Where the minimum mark for interview is not specifically mentioned but directive is made to follow the OSJS & OJS Rule, obviously their Lordships have directed to follow the Recruitment Rules by keeping the minimum marks in the interview for the candidates who qualify in the written examination by keeping such consolidated aggregate marks in both the papers. The directive in this regard is clearly inferred from the directive of the Hon'ble Supreme Court in Clauses

(Underlined for emphasis)

35. Adverting to the present case, it appears that the directive of the Hon'ble Supreme Court in Brij Mohan case (supra) have directed to follow the concerned Recruitment Rules while conducting the written test and the interview and Their Lordships have categorically directed that while giving the interview mark, one mark per year of service in the Fast Track Court also should be taken into consideration. The OSJS & OJS Rules also prescribe that there should be 40 % marks in the interview. This process has also been adopted by this Court in its Full Court proceeding dated 26.11.2012. Thus, the OSJS & OJS Rule in conjoint reading with the Full Court proceeding of this Court in compliance to the directive of the Hon'ble Supreme Court have rightly issued notice vide Annexure-7 that there should be minimum interview mark as 40% while there will be 100 marks in the interview. So, with due respect to my learned Esteemed brother B.K. Nayak, J., the minimum mark for the interview stipulated by the OSJS & OJS Rule must be adhered to and consequently Clause (iii) in Annexure-7 is legal and proper requiring no interference."