Summary
For absorption of ad hoc Fast Track Court judges, there was no separate viva voce qualifying minimum, but the governing Supreme Court directions required the prescribed aggregate across written examination and interview. Two candidates narrowly short of 100 were treated as qualifying by case-specific rounding. Two others were given one further examination opportunity under Article 142 and continuation pending that process, rather than immediate absorption.
Issues
- Whether absorption required minimum interview marks or a consolidated qualifying percentage.
- What relief was appropriate for the four candidates who fell below the aggregate threshold.
Provisions considered
- Rule 6, read with Brij Mohan Lal directions, paragraph 207.9, Andhra Pradesh Judicial Services Rules, 2007State rules governed written qualification except as modified by the Supreme Court’s special absorption scheme; no independent interview minimum applied, but consolidated 40%/35% qualification remained required. (¶¶ 10, 14–20)
Held
- The advertisement and rules did not prescribe minimum viva voce marks. However, the special scheme required qualification in writing and a consolidated 40% for general candidates or 35% for SC/ST/OBC candidates across the 250 total marks. The High Court overlooked the aggregate requirement. (¶ 14–20)
- Sunitha Busireddy’s 99.7 and S. Sarada Devi’s 99.3 were rounded to 100 in view of long ad hoc service and the qualifying regularisation examination’s character. The Court treated these two as qualified on their aggregate marks. (¶ 21)
- The other two candidates had not met the aggregate threshold and could not be treated as qualified. Given long service and written-test qualification, Article 142 was used to grant another written examination and viva voce opportunity under the governing scheme, to be held within six months, with service continuing during that period. (¶ 22–23)
Result
Appeals disposed of: two candidates treated as qualified by rounding their aggregate marks; other two given a fresh written and viva voce opportunity within six months and continuation in service during that period. No costs.