IMPORTANT POINT
There not being any stipulation, either in the advertisement or the Rules, for separate qualifying marks for interview, selection ought to be made on basis of qualifying marks in written examination and aggregate.

JUDGMENT :

A.K. Sikri. J.

In these appeals, challenge is laid to the judgment dated March 25, 2015 passed by the Division Bench of the High Court of judicature at Hyderabad, whereby two writ petitions filed by the respondents herein have been allowed. There are, in all, four persons who had filed these two writ petitions and who are appointed as Additional District and Session Judges in the erstwhile State of Andhra Pradesh (now States of Andhra Pradesh and Telangana) as Adhoc Fast Track Court District Judges.

2. The issue of appointment of such Adhoc Judges came up for consideration before this Court in Brij Mohan Lal v. Union of India & Ors., (2012) 6 SCC 502 whereby this Court prescribed the modalities and procedure to be undertaken for absorption of such Judges on regular basis. It included qualifying test as well as viva voce test. Pursuant to these directions, the appellant herein, namely, High Court held the qualifying examination and also conducted interviews. These four persons (hereinafter referred to as the 'respondents') were considered not qualified for absorption on regular basis. The respondents, feeling aggrieved by the decision of the appellant, had challenged the same in the aforesaid two writ petitions which have been allowed in the following terms:

"31. In view of the aforesaid discussion, we hold that the decision of the Selection Committee declaring that the petitioners and each of them are not eligible to be absorbed for not securing the minimum qualifying marks in viva voce or aggregate qualifying marks in written and viva voce is illegal and arbitrary. Therefore, we direct the respondents to appoint the petitioners and each of them as they have qualified in the written test and have also taken viva voce test. This appointment shall be made within a period of one month from the date of communication of this order, subject to compliance with other formalities as required under law."

3. Some facts relevant for deciding the controversy, may now be taken note of:

Pursuant to the directions of this Court in Brij Mohan Lal's case on the aspect of establishment and functioning of Fast Track Courts, the State of Andhra Pradesh created several Fast Track Court throughout the State of Andhra Pradesh. After establishing such Fast Track Court, the Government of Andhra Pradesh issued orders dated October 06, 2003 appointing 20 advocates (19 advocates and 1 APP) from Bar on ad-hoc basis (in terms of Rules of Andhra Pradesh State High Judicial Service Special Rules for Ad hoc appointment 2001) to preside over the Fast Track Courts vide GOMs. No. 1798, dated October 06, 2003. From the date of their appointment, the respondents and the similarly situated persons (all over the country) were claiming absorption permanently to the post of District and Sessions Judge (Entry Level). Ultimately, this Court in Brij Mohan Lal's case directed all the States to conduct written examination for the ad-hoc Fast Track Court District Judges, who were appointed directly from the Bar and presiding/presided over the Fast Track Courts, and to initiate the process of selection for absorption of those officials. This Court in the aforesaid case also specified the mode and manner in which ad-hoc Fast Track District Judges are to be absorbed in the State Judicial Service. In nutshell, the relevant directions can be summarised:

(a) Written examination is to be conducted for 150 marks.

(b) Interview is to be conducted for 100 marks.(c) Qualifying marks in the written examination shall be aggregate 40% for general candidates and 35% for SC/ST/OBC candidates.

(d) Each of the appointees shall be entitled to one mark per year of service in the FTCs, which shall form part of the interview marks.

4. In pursuance of the aforesaid directions, the High Court placed the matter before the Committee of Judges constituted for recruitment to the cadre of District