Summary
Candidates challenged Kerala Higher Judicial Service selection after a separate viva-voce minimum was introduced following interviews, despite the prior scheme using aggregate marks without an interview cutoff. Finding that Manjusree applied but that its correctness was already under larger-Bench consideration, the Court referred these matters to be heard with Tej Prakash Pathak.
Issues
- Whether introducing a viva-voce cutoff after completion of interviews impermissibly changed the selection rules.
- Whether the pending larger-Bench reference required these matters to be referred as well.
Held
- The notified scheme and existing Full Court resolution prescribed written eligibility thresholds and a final merit list based on aggregate written and interview marks, without a separate viva-voce minimum. The later administrative decision introduced an interview threshold after the viva-voce and was approved by the Full Court. (¶ 1–3)
- Manjusree addressed a materially similar post-selection interview cutoff and would squarely apply. However, Tej Prakash Pathak had doubted the relevant proposition and referred it to a larger Bench; a similar Manipur matter was also awaiting that hearing. The appropriate course was a reference rather than final resolution of the selection challenge. (¶ 4–5)
Result
Matters referred to the larger Bench to be heard with Tej Prakash Pathak. Selection challenge not finally decided in this order.