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2025 Supreme(Del) 405

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATEEK JALAN, J.
Pramiti Basu - Appellant
Vs.
Secretary General Supreme Court Of India - Respondent
W.P.(C) 11007 Of 2025 & CM APPL. 45323 Of 2025, W.P.(C) 11008 Of 2025 & CM APPL. 45325 Of 2025, W.P.(C) 11043 Of 2025 & CM APPL. 45467 Of 2025, W.P.(C) 11067 Of 2025 & CM APPL. 45542 Of 2025, W.P.(C) 11115 Of 2025 & CM APPL. 45732 Of 2025
Decided On: 29-08-2025

Advocate Appeared:
For the Appellant :Dr. Amit George, Mr. Arkaneil Bhaumik, Ms. Shivalika Rudrabatla and Mr. Kartikay Puneesh, Mr. Dushyant Kaul, Ms. Rupam Jha, Ms. Medhavi Bhaila, Advocates, Mr. Shubham Prajapati, Mr. Rakesh Kumar Mandal, Mr. Akash Kumar, Mr. Phillip Massey, Mr. Mahipal Singh, Ms. Shrishti, Mr. Aditya Raj Marandi and Ms. Muskan Dulet, Advocates
For the Respondent:Mr. Chetan Sharma, ASG with Ms. Pratima N. Lakra, CGSC, Mr. Amit Gupta, Mr. Chandan Prajapati, Mr. R.V. Prabhat, Mr. Vinay Yadav, Mr. Vikram Aditya, Mr. Shubham Sharma, Mr. Shailendra Kumar Mishra and Mr. Naman, Advocates, with Mr. T.I. Rajput, Registrar with Ms. Neetu Verma, Deputy Registrar, Ms. Sonika Khurana, Mr. Tarun Maurya, Court Assistant, SCI.

The court reaffirmed that qualifying and shortlisting criteria can be distinct, allowing administrative discretion in recruitment processes as long as they are transparently and reasonably applied.

Headnote:(A) Constitution of India - Article 14 - Supreme Court Officers & Servants (Conditions of Service and Conduct) Rules, 1961 - Writ petitions challenging exclusion from the descriptive test for Junior Court Assistant position due to insufficient scores in Typing Speed Test, despite being declared qualified. The petitioners argued the imposition of a cut-off mark of 43.18 was not stipulated in the recruitment advertisement, claiming this constituted a mid-process rule change. The respondent justified the cut-off based on administrative necessity and transparency in recruitment following a consistent benchmark application process. Court emphasized the distinction between qualifying criteria and shortlisting benchmarks, affirming the necessity of administrative discretion within lawful bounds. (Paras 28, 36, 40)

Findings of Court:
The court ruled that the application of the 43.18 benchmark was permissible based on the explicit powers reserved in the advertisement, ensuring transparency and non-arbitrariness. The ultimate ruling emphasized the legitimacy of the respondent's discretion in shortlisting candidates, distinguishing it from arbitrary action. (Paras 52)

Issues: Whether the imposition of the 43.18 mark as a qualifying criterion violated the principles of fairness in recruitment and if it represented arbitrary action inconsistent with prior advertisements. (Paras 15, 34)

Ratio Decidendi: Shortlisting decisions under administrative discretion were upheld as long as they remain transparent, reasonable, and aligned with the original recruitment framework, distinguishing between qualification and selection criteria. (Paras 28, 52)

Result: Writ petitions dismissed.

JUDGMENT : 

PRATEEK JALAN, J.

1. The petitioners in these writ petitions are all candidates for appointment to the post of Junior Court Assistant [“JCA”] in the respondent-Supreme Court of India, pursuant to an advertisement dated 04.02.2025. They are aggrieved by a notification dated 14.07.2025, by which results of the Typing Speed Test stage of the recruitment process were declared. The petitioners’ grievance is that they have been excluded from the next stage of recruitment [Descriptive Test], despite having been declared as qualified in the Typing Speed Test.

2. As the petitions are predicated on virtually identical grounds, they were taken up for hearing together. W.P.(C) 11007/2025 was treated as the lead case. With the consent of learned counsel for the parties, the pleadings filed therein have been considered in respect of all the petitions.

A. FACTS

3. The respondent advertised 241 vacancies for the post of JCA on 04.02.2025. The present dispute concerns the “Scheme of Examination” provided in the advertisement, which is reproduced below:

Scheme of Examination

The eligible candidates will have to appear in the tests in the following subject:-

1.Objective Type Question paper with multiple choice answers containing 100 questions (consisting of 50 General English questions including comprehension, 25 General Aptitude questions and 25 General Knowledge questions).2 hours
2.Objective Type Computer Knowledge Test (25 questions)
3.Typing (English) test on Computer with minimum speed 35 w.p.m. (mistakes allowed upto 3% of total words to be typed)10 minutes
4.Descriptive Test (in English Language) consisting of Comprehension passage, Precis Writing and Essay Writing2 hours

The candidates who qualify in the Objective Type Written Test and Objective Type Computer Knowledge Test will only be called for Typing Speed Test on Computer and Descriptive Test and those who qualify the said tests will be required to appear for an Interview before an Interview Board and qualify the Interview by securing minimum qualifying marks. Number of candidates to be called for Interview shall not exceed the ratio of 1:3 i.e. 3 candidates against 1 vacancy subject to availability of candidates who would be qualified on the basis of above Tests. After qualifying in prescribed tests and Interview, the selected candidates will be empanelled in the order of merit for appointment as Junior Court Assistant. The candidates may note that mere placement in panel does not confer any right on the candidates to claim appointment for the post of Junior Court Assistant.”[Emphasis supplied.]

4. The petitioners were successful in the first two stages of the examination, which comprised of Objective Type Question Paper and the Objective Type Computer Knowledge Test. They were therefore called for a Typing Test on computer. The admit cards for the Typing Speed Test contained several “Instructions to Candidates”, of which the following are relevant:

Instruction to Candidates

English Typing test of SCI will be conducted in following manner.

ExamTyping PassageExam StructureExam Duration
English Typing350 WordsMock Test (5 mins) + Break (10 mins) + English Typing (10 mins)25 mins

xxxx xxxx xxxx

3. 10 minutes will be given for actual Typing Test (English)

4. Candidates will be able to do a practice typing test for 5 minutes before the actual typing test

5. There will also be a break of 10 minutes between Mock / Practice and the Actual Typing Test.

xxxx xxxx xxxx

Marking Formula for Typing Speed Test on Computer

No. of mistakesMarks to be awarded out of maximum 50 marks
050.00
147.73
245.45
343.18
440.91
538.64
636.36
734.09
831.82
929.55
1027.27
1125.00”

5. By the impugned notification dated 14.07.2025, the respondent declared the result of the Typing Speed Test held on 04.06.2025 for 10,281 candidates. The opening paragraph of the notification and first 20 rows, by way of example, are reproduced below:

Result of Typing Speed Test on Computer in respect of 10281 candidates for the post of Junior Court As

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