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2024 Supreme(SC) 422

HRISHIKESH ROY, PRASHANT KUMAR MISHRA
Abhimeet Sinha – Appellant
Versus
High Court of Judicature at Patna – Respondent


1. The common challenge in these six writ petitions filed under Article 32 of the Constitution of India is to the constitutionality of the Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary in the States of Bihar and Gujarat respectively. The writ petitioners have approached this Court alleging a violation of their fundamental rights under Articles 14 and 16 contained in Part III of the Constitution of India. The specific consideration to be made in these matters is whether prescribing minimum qualifying marks for viva voce is in contravention of the law laid down by this Court in All India Judges Association and Others vs. Union of India and Others, (2002) 4 SCC 247 [for short “All India Judges (2002)] which accepted certain recommendations of Justice KJ Shetty Commission (for short “Shetty Commission”). The recruitment pertains to the selection of judicial officers of different ranks and respective selection cycles i.e. District Judge (Entry Level) by direct recruitment from the Bar (2015 Advertisement) for the State of Bihar and the post of Civil Judge (2019 and 2022 Advertisement) for th


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