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2008 Supreme(Pat) 952

KISHORE K.MANDAL, R.M.LODHA
Manish Kumar Shahi – Appellant
Versus
State Of Bihar – Respondent


Judgement Key Points

What is the legality of fixing 200 marks for the viva-voce in the 26th Bihar Judicial Service Examination under Appendix-6 of the Bihar Civil Services (Judicial Branch) Recruitment Rules, 1955? What is the court's stance on estoppel and locus standi of a candidate challenging selection criteria after participating in the process and failing? What are the remedies or reliefs available when challenged criteria are found to be potentially unconstitutional or arbitrary in a completed recruitment process?

Key Points: - (!) - (!) - (!)

What is the legality of fixing 200 marks for the viva-voce in the 26th Bihar Judicial Service Examination under Appendix-6 of the Bihar Civil Services (Judicial Branch) Recruitment Rules, 1955?

What is the court's stance on estoppel and locus standi of a candidate challenging selection criteria after participating in the process and failing?

What are the remedies or reliefs available when challenged criteria are found to be potentially unconstitutional or arbitrary in a completed recruitment process?


Judgment

1. We heard the Senior Counsel for the petitioner and Standing Counsel VIII for the State of Bihar.

2. The petitioner has prayed for the following reliefs:

"(i) For issuance of a writ of certiorari quashing the result of 26th Bihar Judicial Services Competitive Examination, 2005 contained in Annexure-2 declaring the name of 264 general category candidates for the purpose of appointment on the post of Munsif in the subordinate judiciary and direct the respondents to hold fresh selection after reducing the proper percentage of marks in the viva-voce test.

(ii) For issuance of an appropriate writ declaring the provision for 200 marks (19.05%) for viva-voce out of total marks 1050 in the 26th Judicial Service Competitive Examination in 2005 contained in Appendix-6 to Bihar Civil Services (Judicial Branch) Recruitment Rules, 1955 ultra vires the Constitution of India being destructive of Article 14 of the same.

(iii) In the alternative of not allowing relief No. (i) for issuance of writ of mandamus/direction commanding/directing the respondents to appoint the petitioner on one of the vacant posts of the Munsif (junior grade Civil Judge)

(iv) For issuance of an ad interim order d



























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