Deepak Gupta, J. - The Himachal Pradesh Judicial Service is constituted under the H.P. Judicial Service Rules, 2004 (hereinafter referred to as the Rules). As per Rule 5 of the these Rules, the Civil Judges (Junior Division) are to be appointed on the basis of a competitive examination as well as viva-voce test to be conducted by respondent No. 2-H.P. Public Service Commission (hereinafter referred to as the Respondent No. 2).

2. The respondent No. 2 issued an advertisement inviting applications for filling up 13 vacancies of Civil Judges (Junior Division). The petitioner applied for the said post. The written test was conducted and only five candidates cleared the written test. The petitioner did not clear the written test and was not called for the interview. Thereafter the result of the examination was conveyed by respondent No. 2 to the petitioner. According to this result, he secured a total of 505 marks out of 1100. He had cleared all the subjects except the paper of Civil Law-II in which he has secured 89 marks out of 200 against the minimum pass marks of

90. It was only due to the fact that he had secured one mark less than the pass marks of 90 that he was not called