Case Note & Summary
The Supreme Court heard writ petitions under Article 32 of the Constitution of India filed by candidates aggrieved by the action of the Bihar Public Service Commission in calling only 10% of the candidates who appeared in the preliminary examination for the final written examination for the post of Civil Judge (Junior Division). The petitioners contended that as per the decision in Malik Mazhar Sultan (3) v. Uttar Pradesh Public Service Commission, (2008) 17 SCC 703, the ratio for calling candidates from preliminary to final examination should be 1:10 of the available vacancies, not 10% of the appeared candidates. Rule 5A of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955, inserted vide notification dated 28.12.2016, provided that eligible candidates for the written examination shall be selected on the basis of the preliminary test to the extent of 10% of the total number of appeared candidates, rounded off to the nearest hundred. The Court found that this rule was in violation of the directions in Malik Mazhar Sultan, which specified that the ratio of 1:10 of the available vacancies to the successful candidates must be maintained. The Court noted that for 349 available seats, the rule resulted in calling only 1100 candidates (902 general, 198 reserved), whereas the 1:10 ratio would require calling 1750 candidates for general category alone. The Court held that the rule was arbitrary and unreasonable as it substantially restricted the competitive field. Additionally, the Court observed that the rule did not prescribe minimum passing marks for the preliminary examination, which was a glaring error. The Court directed that for future examinations, minimum passing marks must be fixed separately for general and reserved categories. However, for the examination in question, the cut-off marks already determined by the Commission were found reasonable, and the examination was not invalidated. The Court struck down Rule 5A(3) and allowed the writ petitions, directing that the final written examination be held within six weeks. The Court also noted that the issue of horizontal reservation for women candidates did not survive as it was already being provided.
Headnote
A) Service Law - Judicial Recruitment - Preliminary Examination - Ratio of 1:10 of vacancies to successful candidates must be maintained as per Malik Mazhar Sultan - Rule 5A(3) fixing 10% of appeared candidates is arbitrary and unreasonable as it restricts competitive field - Held that the rule violates the decision in Malik Mazhar Sultan and is struck down (Paras 6-7, 11, 14). B) Service Law - Judicial Recruitment - Minimum Passing Marks - Preliminary examination must prescribe minimum passing marks separately for general and reserved categories - Absence of such prescription is a glaring error - State directed to fix minimum passing marks for future examinations (Para 8). C) Service Law - Judicial Recruitment - Horizontal Reservation - Women candidates - Submission regarding horizontal reservation does not survive as it is already being provided (Para 12).
Issue of Consideration
Whether Rule 5A(3) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955, which provides that only 10% of the total number of candidates who appeared in the preliminary examination shall be called for the final written examination, is valid and consistent with the directions of this Court in Malik Mazhar Sultan (3) v. Uttar Pradesh Public Service Commission.
Final Decision
The Supreme Court struck down Rule 5A(3) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955, and allowed the writ petitions. The Court directed that the final written examination be held within six weeks from the date of the judgment. The Court also directed the High Court to take a decision on the proposal for amendment of the Rules in accordance with law and considering the decision in Malik Mazhar Sultan.
Law Points
- Ratio of 1:10 of vacancies to successful candidates must be maintained for preliminary examination
- Rule 5A(3) fixing 10% of appeared candidates is arbitrary
- Minimum passing marks must be prescribed in preliminary examination
