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2013 Supreme(Gau) 91
IN THE HIGH COURT OF GAUHATI
Brojendra Prasad Katakey and C.R. Sarma, JJ.
Ravi Dahiya, S/o Late Balbir Singh Dahiya, resident of D-101, Yadav Nagar, Samay Pur, Delhi-110042
Vs.
Registrar (Judicial)-cum-In Charge, Recruitment Cell, Gauhati High Court, Guwahati, The Gauhati High Court, represented by its Registrar General, Guwahati-781001 and The State of Tripura, represented by the Chief Secretary, Govt. of Tripura, Agartala-799001
WP(C) No. 1111 of 2012, [Alongwith WP(C) Nos. 1355, 1524 and 2293 of 2012]
Decided On: 08.02.2013
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. S. Murarka, Mr. K.R. Surana, Mr. G. Khandalia, Miss A. Choudhury in WP (C) No. 1111 of 2012, Mr. P.K. Goswami, Sr. Adv., Mr. A. Choudhury, Ms. B. Choudhury, Mr. G. Das in WP (C) No. 1355 of 2012, Mrs. S.B. Choudhury, Mr. S.K. Das in in WP (C) No. 1524 of 2012 and WP (C) No. 2293 of 012
For Respondents/Defendant: Mr. S.S. Dey, SC. Gauhati High Court in WP(C) Nos. 1111,1355 and 2293/2012, Mr. M.R. Pathak, GA. Tripura in WP(C) No. 1111,1355,1524 and 2293 of 2012 and Mr. N. Choudhury, SC, Gauhati High Court in WP(C) No. 1524/2012
Headnote:
Constitution of India, 1950 - Articles 234, 309 and 21 - Examination Result - Viva Voce - In instant case according to learned counsel though petitioners having duly qualified for appearing in viva-voce test securing marks in Main Examination appeared in viva-voce test conducted for that purpose no select list has been prepared which ought to have been done by combining marks obtained in Main Examination and viva-voce test and thereafter declare result - Referring to decision in All Judges Association reported in learned counsel has submitted that as Apex Court has accepted recommendation of Justice Commissions report with modifications indicated therein providing that there should not be any cut-off mark in viva-voce test High Court cannot introduce cut-off mark in viva-voce test which must have been introduced by High Court as result of selection test has not been declared by combining marks secured in Main Examination and viva-voce test - Held, It has also been observed that while written test will testify candidates academic knowledge oral test can bring out or disclose overall intellectual and personal qualities like alertness resourcefulness dependability capacity for discussion ability to take decisions qualities of leadership - Which are also essential of a Judicial Officer - Apex Court however having regard to relevant Rules which do not prescribe any cut-off mark in viva-voce test as well as its earlier decision in All Judges Associations case and also Justice Commissions report stipulating that there cannot be any minimum marks for interview has interfered with selection in said case as minimum cut-off mark in viva-voce test was introduced after selection test was held - A person having high level of expertise ability to absorb and analyze information integrity and independence of mind decisiveness objectivity ability and willingness to learn and develop professionally ability to work constructively with others ability to inspire respect and confidence ability to maintain authority when challenged ability to work at speed and under pressure ability to organize time effectively apart from leadership and management skills is suitable for appointment in Grade-I judicial service having regard to duties and responsibilities attached to such service - Petition dismissed.
B.P. Katakey, J.
1. These writ petitions are filed challenging the notice dated 01.12.2011 issued by the In-Charge Recruitment Cell, Gauhati High Court, declaring the result of the recruitment process initiated for appointment to 3 (three) vacant posts in Grade-I Tripura Judicial Service, notifying that none has been selected for appointment, with a further prayer to declare the petitioners as selected for being recommended for appointment to the said posts, after preparing a combined merit list on the basis of the total marks obtained in the Main (Written) Examination and viva-voce test. An advertisement inviting applications to fill up 3 (three) posts in Grade-I Tripura Judicial Service by direct recruitment was issued on 18.01.2011 by the Registrar (Judicial)-cum-In-Charge Recruitment Cell of the High Court, under the provisions of Tripura Judicial Service Rules, 2003 (in short the 2003 Rules), as amended, pursuant to which 43 candidates filed their applications seeking selection. A preliminary examination/screening test was held on 12.06.2011 at Agartala, wherein said 43 (forty three) candidates appeared. The result of the preliminary examination/screening test was declared on 24.06.2011. 17 (seventeen) candidates including the petitioners were qualified for the Main (Written) Examination, which was held on 30th and 31st July, 2011 at Agartala. The result of the Main (Written) Examination was declared on 29.09.2011. 10 (ten) candidates, including the petitioners, were found to have cleared the Main (Written) Examination and accordingly they were asked to appear in the viva-voce test to be held on 29.10.2011 at Guwahati. All those 10 (ten) candidates accordingly appeared in the viva-voce test held on 29.10.2011, result of which was declared vide notification dated 01.12.2011 declaring that none of the candidates has been selected for appointment. Hence the present writ petitions.
2. We have heard Mr. Arunabh Choudhury, learned counsel appearing for the petitioners in WP (C) No. 1355/2012; Mr. Sunil Murarka, learned counsel appearing for the petitioner in WP (C) No. 1111/2012 and Ms. S.B. Choudhury, learned counsel appearing for the petitioners in WP (C) Nos. 1524/2012 and 2293/2012. We have also heard Mr. S.S. Dey, learned standing counsel of the High Court, apart from Mr. M.R. Pathak, learned State counsel appearing for the State of Tripura.
3. Mr. Choudhury, learned counsel, referring to the 2003 Rules, as amended, by Tripura Judicial Service (Second Amendment) Rules, 2007, has submitted that Schedule-B to the said Rules having prescribed the detailed procedure for selection of candidates for appointment in Grade-I Tripura Judicial Service, requiring preparation of final select list by combining the cumulative grade value obtained in the written examination and viva-voce test, the select list of candidates had to be prepared on the basis of the marks secured in the written and viva-voce test. In the instant case, according to the learned counsel, though the petitioners, having duly qualified for appearing in the viva-voce test, securing more than 60% marks in the Main (Written) Examination, appeared in the viva-voce test conducted for that purpose, no select list has been prepared, which ought to have been done by combining the marks obtained in the Main (Written) Examination and viva-voce test and thereafter declare the result. Referring to the decision in All India Judges' Association & ors. Vs. Union of India & ors. reported in (2002) 4 SCC 247, the learned counsel has submitted that as the Apex Court has accepted the recommendation of the Justice Shetty Commission's report, with the modifications indicated therein, providing that there should not be any cut-off mark in the viva-voce test, the High Court cannot introduce the cut-off mark in the viva-voce test, which must have been introduced by the High Court as the result of the selection test has not been declared by combining the marks secured in the Main (Writ
