Summary
The Court struck down Bihar’s rule limiting judicial-service mains eligibility to ten per cent of preliminary examinees. That formula arbitrarily narrowed competition and conflicted with the prescribed ratio of ten successful candidates for each vacancy. The current examination was preserved, without retrospectively introducing minimum qualifying marks; reasonable category-wise qualifying marks were to be prescribed for future examinations. The mains examination was directed within six weeks.
Issues
- Whether selection of ten per cent of preliminary examinees for mains was valid.
- Whether absence of prescribed minimum marks invalidated the completed preliminary examination.
Provisions considered
- Rule 5A(3), Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955Struck down the ten-per-cent-of-appearing-candidates formula as arbitrary and inconsistent with the governing vacancy-based ratio. (¶¶ 4, 5, 6, 7, 11, 14)
Held
- The mains shortlist had to follow the prescribed ratio of one vacancy to ten successful preliminary candidates, rather than a fixed percentage of everyone who appeared. The impugned formula unreasonably restricted the competitive field, particularly in reserved categories. (¶¶ 3, 6, 7)
- The ratio presupposes availability of candidates meeting minimum qualifying marks. The stakeholders were to frame reasonable general and reserved-category minimum marks for future examinations, but it was inappropriate to introduce them after the present examination. (¶ 8)
- The provisional cutoffs supplied by the Commission did not invalidate the current examination. Permission for that shortlist did not determine future statutory qualifying marks, which remained for rule-making. (¶¶ 9, 10)
- The High Court was to consider the proposed rule amendment consistently with the governing precedent. The horizontal-reservation grievance did not survive because that reservation was being provided. (¶¶ 11, 12)
- The Commission was to call candidates equal to ten times the vacancies and hold mains within six weeks, with liberty to seek an extension of the overall selection timetable from the appropriate Bench if needed. (¶¶ 13, 14)
Result
Writ petitions allowed; Rule 5A(3) struck down, mains directed within six weeks on the vacancy-based shortlist, and future qualifying-mark rules left for the prescribed process.