IMPORTANT POINT
Having participated in the selection process one cannot challenge the same on being unsuccessful.
Requirement of having basic knowledge of computer operation for Judicial Officers should not be diluted.

JUDGMENT

Dr. Mukundakam Sharma, J. —

1. By passing an order on 15.9.2010, we dismissed SLP(C) No. 12787 of 2008 which was connected with SLP(C) No. 12788 of 2008. SLP (C) No. 12787 of 2008 was dismissed as not pressed.

2. SLP(C) No. 12788 of 2008 was filed by the petitioners namely Shri Vijendra Kumar Verma and Shri Harendra Kumar Ozha. But so far as Shri H.K. Ozha is concerned, on his behalf a prayer was made to withdraw his name from the petition as he was appointed as a judicial officer in the State of Uttar Pradesh.

By an order passed on the same day i.e. 15.9.2010, we removed his name as petitioner from the said petition with a further direction that the aforesaid petition would be considered only so far as Shri Vijendra Kumar Verma is concerned.

3. After passing the aforesaid order, we proceeded to hear the learned counsel appearing for the parties and after hearing the parties at length, we reserved our orders.

4. Leave granted.

5. By this common judgment and order, we now propose to dispose of the appeal in terms of our discussion and reasons recorded herein. The selection of judicial officers for Uttaranchal Judicial Service is governed by a set of rules called the Uttaranchal Judicial Service Rules, 2005. The Rules deal with the procedure and mode of selection, recruitment and appointment in the Uttaranchal Judicial Service comprising group A and B posts. In Uttaranchal Judicial Service, there is a post called Civil Judge (Junior Division). Rule 8 of the said Rules lays down the eligibility criterion that a candidate for direct recruitment to the service apart from holding qualification of Bachelor of Law must possess a thorough knowledge of Hindi in Devnagari script as well as the basic knowledge of computer operation.

6. Rule 8 reads as follows:-

“8. A candidate for direct recruitment to the Service must be -

(a) A bachelor of Law from a University established by law in Uttaranchal or any other University of India recognized for this purpose by the Governor.

(b) Must possess thorough knowledge of Hindi in Devnagri script.

(c) Basic knowledge of Computer operation.”

7. Rule 14 of the said Rules lays down that the examination may be conducted at such time and on such dates as may be notified by the Commission and the same would consist of a written examination on such legal and allied subjects in the syllabus prescribed under Rule 17, an examination to test the knowledge of the candidate in Hindi and in English and an interview for assessing the merit of the candidates.

8. Rule 17 provides that the syllabus and the Rules relating to the competitive examination shall be such as given in Appendix II. The said Appendix II contains the syllabus as well as the individual aggregate marks to be allocated against individual papers.

9. Rule 18 of the said Rules speaks of the manner and mode of the preparation of the final list of the selected candidates in order of their proficiency as disclosed by the aggregate of marks finally awarded to such candidates in the written examination and interview whereas Rule 19 makes a provision as to how on submission of the final list of the candidates prepared by the Commission, appointment is to be made to the Post of Civil Judge (Junior Division). It provides that on receipt of the list of candidates submitted by the Commission, the Governor shall make appointment to the post of Civil Judge (Junior Division) in the order in which their names are given in the list.

10. An advertisement was issued on 16.2.2006 inviting applications from eligible candidates for filling up 50 posts of Civil Judge (Junior Division). The appellant herein submitted his application for one of the aforesaid posts. The appellant appeared in the preliminary examination and he was declared successful in the said examination on 16.9.2006.

11. Thereafter, he was called for the Viva Voce examination also, but despite his appearance in the viva voce examination and doing reasonably well according to his own estimation,