VidhiSangh

Supreme Court of India · 22/08/2024

SALAM SAMARJEET SINGH versus THE HIGH COURT OF MANIPUR AT IMPHAL & ANR

[2024] 8 S.C.R. 885 · 2024 INSC 647

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Summary

Resolving a 2016 split verdict, a three-Judge Bench held that the Manipur High Court could not, by a Full Court resolution passed just before the interviews, impose a 40% minimum in the viva voce for District Judge (Entry Level) recruitment. The unamended Manipur Judicial Service Rules, 2005 required selection on the combined grade value of the written test and viva voce. The Scheduled Caste petitioner, with 50.6% in aggregate, was directed to be appointed.

Issues

  1. Whether a Full Court resolution prescribing minimum qualifying marks for the interview could override statutory recruitment rules framed under Articles 234 and 309 that provided for selection on the aggregate of written and viva voce performance.
  2. Whether introducing the interview cut-off after the written examination, without notice to candidates, frustrated the petitioner's substantive legitimate expectation in violation of Article 14.
  3. Whether the petitioner, having taken part in the interview, was estopped from challenging the selection process.

Provisions considered

Held

Result

Writ petition disposed of: the High Court to declare the petitioner successful and issue him an appointment order within four weeks, with seniority from the date of appointment and no monetary benefits for the earlier period, but notional seniority from 2015 for superannuation benefits only; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 885.