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Abhimeet Sinha & Ors. vs High Court of Judicature at Patna & Ors.

Not available · 2024 INSC 381Decided 6 May 2024
Not available
Justice Hrishikesh Roy · Justice Prashant Kumar Mishra

Background

Six writ petitions filed under Article 32 of the Constitution challenged rules that prescribe minimum qualifying marks in the viva voce (interview) stage of selection to the District Judiciary in Bihar and Civil Judge recruitment in Gujarat. The petitioners, who failed to clear the interview cut-off despite scoring well in the written exam, argued this violated their fundamental rights to equality (Article 14) and non-discrimination in public employment (Article 16), and was inconsistent with the Supreme Court's earlier judgment in All India Judges Association (2002) which had adopted the Shetty Commission's recommendations on judicial pay and recruitment. The lead case concerned the 2015 Bihar recruitment; connected petitions raised similar issues for Gujarat's 2019 and 2022 Civil Judge recruitments.

Decision Breakdown

The Court held that prescribing minimum qualifying marks for the interview does not violate the All India Judges (2002) judgment or the Shetty Commission recommendations, since ensuring a baseline standard in the interview (which tests articulation, temperament and suitability for judicial office) is a legitimate part of a rigorous selection process for judges. It upheld both the Bihar Rules (Clause 11 of Appendix "C") and the Gujarat Rules (Rule 8(3)) as valid, and rejected the argument that Gujarat's rules were void for want of consultation with the Public Service Commission. All six writ petitions were dismissed with no order as to costs. The Court also made broader observations urging High Courts to appoint a designated authority to address candidates' queries during recruitment and to publish a basic syllabus outline in advance.

Lesson Learnt

Recruiting bodies for judicial services can validly set a minimum interview cut-off in addition to written exam marks: a strong written score alone does not guarantee selection, and courts will not strike down such requirements merely because they make selection harder, so long as the interview genuinely tests suitability for the post.

Official source (sci.gov.in)View Judgment (PDF)

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