Summary
The Jharkhand High Court could not add a 50% aggregate qualifying threshold for District Judge candidates after the recruitment process and marks were complete. The governing Rules required selection by the notified criteria and merit list. The Court quashed the later resolution and directed recommendations for the notified vacancies from the successful select list.
Issues
- Whether the High Court could impose a 50% aggregate qualifying mark after completion of the District Judge selection process.
- Whether the selection resolution was authorized by the 2001 Rules.
Provisions considered
- Rule 2(c)(iii), Jharkhand Superior Judicial Service Rules, 2001The merit list was to be prepared from aggregate marks in the written examination and viva voce; a new threshold could not be added after the selection process. (¶¶ 14-15, 19-25)
- Rule 14, Jharkhand Superior Judicial Service Rules, 2001The rule allows individual verification of a candidate’s suitability or eligibility in a special situation, not a blanket change to the selection criteria after results. (¶ 24-25)
Held
- A recruitment authority cannot change the selection criteria after candidates have participated under the notified rules and the selection process has concluded. The 2017 amendment prescribing a viva voce cut-off did not govern this earlier recruitment. (¶ 14-15)
- Rule 14 authorizes candidate-specific verification, not a blanket change in the eligibility threshold. The Full Court resolution requiring 50% aggregate marks was ultra vires the 2001 Rules. (¶ 24-25)
- Recommendations were directed for candidates successful under the applicable merit/select list against the subsisting notified vacancies, without applying the later 50% aggregate threshold. (¶ 25-27)
Result
The writ petitions were allowed. The Full Court resolution imposing a 50% aggregate threshold was quashed and recommendations were directed under the original criteria.