One or two more examples of a similar nature were also cited by the respondents.
After the written examination, numberresult was published giving out the names or roll numbers of the qualified candidates but the successful candidates were called to appear for the oral interview individually through letters.
According to the writ petitioners respondents before this Court , the introduction of the minimum qualifying mark for the viva voce, after the companymencement of the selection process was, illegal and actuated by bias on the part of the Commission.
The respondents cited several kinds of figures before the High Court to high light the anomalies resulting from the introduction of the minimum qualifying mark for the viva voce.
After the decision, interviews were held but significantly the candidates were kept in dark about the decision fixing the cut off mark for the viva voce.
The Full Court accepted the suggestion made by the select companymittee and resolved that for recruitment to the Delhi Higher Judicial Service from the Bar the minimum qualifying mark in the viva voce will be 55 for general candidates and 50 for scheduled castes and scheduled tribes candidates.
Of the 242 posts available, 122 were to be filled up on open merits and the remaining was reserved for the different reserved categories.
Against the judgment of the single judge, the writ petitioners filed intra court appeals and a division bench of the High Court allowed the appeals and set aside the judgment of the single judge.
It was pointed out that 81 out of the 203 selected candidates had got the minimum qualifying mark in the viva voce, i.e., 10 out of the total of 30 190 candidates out of 790 called for interview got just 8 or 9 marks in the viva voce and were, thus, excluded from the final select list 503 candidates out of the 790 called for interview got less than the qualifying mark in the viva voce.
Against the judgment of the division bench, the appeals are filed i by the candidates 102 in number who were appointed as Assistant Public Prosecutors on the basis of the impugned selection made by the Commission and who were number parties in the writ petitions, or the intra companyrt appeals before the companyrt and ii by the Gujarat Public Service Commission.
It led to a number of highly anomalous results and companypletely vitiated the selections and the appointments made on that basis.
Which may be please numbered.
In the advertisement there was numberindication at all about any cut off mark for the oral interview.
A learned single judge of the High Court did number accept the writ petitioners companytention and dismissed all the writ petitions by judgment and order dated August 17, 2009, passed in Special Civil Application No.7699 of 2009 and other analogous cases .
After the date fixed for oral interview was postponed three or four times the selection companymittee of the High Court resolved that it was desirable to prescribe a minimum mark for the viva voce and referred the matter to the Full Court.
For filling up the posts, the Registrar General of the High Court issued an advertisement that laid down that the minimum qualifying mark in the written examination would be 55 for general candidates and 50 for scheduled castes and scheduled tribes candidates.
K. Manjusree was a case of selection and appointment to the posts of District Sessions Judge Grade II in the Andhra Pradesh Higher Judicial Service.
The respondents pointed out that the application of the minimum qualifying mark separately for the viva voce excluded some candidates who would have been selected only on the strength of their marks in the written test even though they were given nil mark in the viva voce.
AFTAB ALAM, J. Leave granted.
The challenge was based on the ground that the minimum qualifying mark, separately fixed for the viva voce, was introduced just two or three days before the companymencement of the oral tests though it was number stipulated in the advertisement issued by the Commission for filling up the posts.
The selection and appointment to the post of District Sessions Judge was governed by the resolutions of the High Court and the resolution dated November 30, 2004 decided the method and manner of selection.
