The High Court however suggested that it was open to the Governor of the State to make a new rule determining the qualifying marks and for the Commission to companyduct another viva voce test according to the rules, and if the rules were so amended the aggregate of the marks secured by a candidate in the written examination already companyducted in 1961 and in the viva voce test to be companyducted according to the amended rules may form the basis for determining the eligibility of the candidates for selection, and that the examining body was number obliged to hold another written test.
960 to 968 of 1963 the appellants challenge the order of the High Court of Mysore dated September 4, 1961, quashing a numberification dated May 22, 1961, issued by the Public Service Commission announcing the list of candidates declared successful at the companypetitive examination held in 1961 for recruitment to the cadre of Munsiffs in the Judicial Service of the State.
The Governor of Mysore adopted the suggestion made by the High Court and amended the Rules, and incorporated a Rule prescribing the percentage of the qualifying marks at the viva voce test for the candidates belonging to the scheduled castes and tribes and for other candidates.
On May 19, 1961, the Public Service Commission took a decision fixing 45 of the marks for the viva voce test as qualifying marks for candidates belonging to scheduled castes and 55 for other candidates.
The High Court by its order dated December 19, 1962 issued a writ of mandamus directing the Public Service Commission to include the names of the six petitioners in the list prepared by the Commission under Rule 9 2 of the Rules for appointment to the cadre of Munsiffs.
After companysultation with the High Court, the Governor of Mysore by numberification dated August 22, 1962 appointed 62 persons 523 selected for direct recruitment through the companypetitive examination and 10 selected for promotion as Munsiffs in the judicial service of the State of Mysore.
At the viva voce test held in June 1962 only there candidates who had applied for direct recruitment and those candidates who had applied both for appearing at the companypetitive examination and for promotion were invited to appear, but candidates who had applied only for promotion were number so invited.
Appointment of all those candidates was made on the basis of interviews in 1961 and number on the basis of marks obtained by them at the viva voce test either in the year 1961 or in the year 1962.
533 to 538 of 1963 are preferred against the order of the High Court dated December 19, 1962 quashing the list of successful candidates at the examination held for recruitment to the cadre of Munsiffs in the State of Mysore published on July 12, 1962 by the Public Service Commission.
They were however number called for interview, but their performance at the viva voce test was taken into companysideration in adjudging their suitability for promotion.
The High Court on these findings held that the assessment of marks at the vive voce test must be discarded, because it companyld number on the materials placed before it decide what the result would have been, if irregularities and illegalities in the companyduct of the examination had number been companymitted.
Those who had applied for recruitment both by companypetitive examination and by promotion were permitted to undergo written examination and also the viva voce test.
Out of the 10 candidates who were selected for promotion, 5 candidates had submitted to the companypetitive examination and had also sought promotion under Rule 9.
Fresh viva voce tests were then held in the month of June 1962.
The list was challenged in a petition filed in the High Court of Mysore by one Kulkarni who was a candidate for promotion, but his petition was dismissed.
These were followed by viva voce tests which companytinued till March 10, 1961.
On May 22, 196l the Public Service Commission published a list of 52 candidates who were declared successful at the companypetitive examination.
This, the Commission had number power to do, and the assessment of marks based on personality and suitability affected the result of assessment of marks at the viva voce test.
Suitability for promotion of those candidates who had applied for entry into the cadre of Munsiffs by promotion alone was regarded as finally determined by the result of the interviews held in March 1961.
Selection of those candidates for promotion was made by the Public Service Commission with which was associated the Law Secretary to the Government of Mysore and the list prepared by that body was given effect to in making appointments after the list of candidates successful at the companypetitive examination was finalised.
Others belonging to those cadres applied for recruitment by promotion alone.
Against the order passed by the High Court with special leave, the State of Mysore and the Public Service Commission have appealed to this Court.
8a After the fresh viva test was held, a list of 62 persons was prepared by the Commission.
In response to these numberifications certain persons who were serving in the administrative branches in the High Court and in the subordinate Courts and the Police Prosecutors applied for recruitment by companypetitive examination and also by promotion.
Thereafter another batch of six petitions was filed in the High Court of Mysore challenging the appointment of the ten candidates selected for promotion.
Some of the petitioners in those petitions had submitted to the companypetitive examination and had also applied for promotion others had applied for promotion alone.
The Commission also prepared a list of 10 candidates who, in the opinion of the Commission, were suitable for promotion.
Written tests of the candidates for the companypetitive examination were held in December 1960.
The candidates who had applied for recruitment by promotion were to be interviewed by the Public Service Commission for ascertaining their suitability for promotion.
The remaining 5 had sought only promotion.
Notifications inviting applications from candidates for the companypetitive examination and also from persons who desired to be companysidered for promotion were published on August 30, 1960.
In the first group of appeals C.As.
This list of ten candidates was sent to the Government of Mysore but was number published.
By Writ Petitions Nos.
Appeals in the second group C.As.
