IMPORTANT POINT
Rule 5A struck down being arbitrary and in violation of (2008) 17 SCC 703.

JUDGMENT :

1. Writ Petition ….(Diary No.5352/2019) is taken on Board.

2. In the writ petitions filed under Article 32 of the Constitution of India, with respect to the examination of Civil Judge (Junior Division) the candidates are aggrieved by action that has been taken to call 10% of the candidates who have appeared in the preliminary examination would qualify for the final examination.

3. Their main submission is that as per the decision of this Court in Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others, (2008) 17 SCC 703, vacancies have to be filled up by holding preliminary examination and then final written examination followed by viva voce. As per the directions issued by this Court, for the purposes of Civil Judge (Junior Division) by direct recruitment, declaration of the result of the preliminary written examination for calling candidates for final written examination has to be in the ratio of 1:10 of the available vacancies to the successful candidates.

4. Rule 5A of The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 (hereinafter referred to as ‘the Rules’) has been inserted vide Notification dated 28.12.2016, same is extracted hereunder:-

“5A. (1) The Commission may take a Preliminary Test in the event of the number of eligible candidates to be admitted to the written examination being, in its judgment, inordinately large.

(2) The Preliminary test shall comprise two papers – Paper I of General Studies carrying 100 marks, and Paper II of Law carrying 150 marks. The papers will consist of objective questions of multiple choice, one being the correct answer. OMR Answer Sheets shall be used and evaluated by computer in the Commission’s premises. The Syllabi for the two papers shall be the same as prescribed for General Knowledge and General Science and the Law Papers in the written examination, respectively.

(3) Eligible candidates for the written examination shall be selected on the basis of the result of the Preliminary Test, to the extent of 10% of the total number of appeared candidates, rounded off to the nearest hundred; and all candidates obtaining equal marks as the last candidate’s shall also qualify for the written examination;

Provided that in the event of candidates from the reserved categories, other than the General category, falling short of the percentages fixed for them in the State Government Services under the relevant Act vis-avis the total number of successful candidates in the Preliminary Test, so many candidates from those categories shall be additionally included, to the extent of the deficit, as per their respective merit, in the list of the successful candidates to take the written examination.”

5. No doubt about it that Rule 5A(3) clearly provides that only 10% of the total number of candidates appeared have to be called for final written examination as per the rounding off provided in rule 5A(3) of the Rules.

6. After hearing learned counsel for the parties at length, we are of the considered opinion that the aforesaid Rule 5A is in violation to what has been laid down by this Court in Malik Mazhar Sultan (supra). In which this Court has observed, on the basis of the proposal which was not objected to. This Court has specified the ratio of calling the candidates for final examination after preliminary examination for Civil Judge (Junior Division) by direct recruitment as under:-

“D. For appointment to the posts of Civil Judge (Junior Division) by direct recruitment.

Sl. No.	Description	Date
7.	Declaration of result of preliminary written examination [a] Result may be put on the website and also published in the Newspaper [b] The ratio of 1 : 10 of the available vacancies to the successful candidates be maintained	15th June

8. These directions would not be applicable to the judiciary in the Sikkim High Court in