Plea Moved In Delhi HC Challenging The Results Of Delhi Judicial Services Exams [Read Petition]

The Petitioner has challenged the results declared on January 19, 2020, by claiming that the recruitment process adopted by the respondent is arbitrary, biased and in the express violation of Delhi Judicial Service Rules, 1970.

The violation of principles of natural justice has also been claimed.

The petition is aggrieved by the lowering of minimum qualifying percentage for writing the mains exam. It is argued that the minimum qualifying percentage for writing the mains exams is 60% and neither the Respondent authority nor any court can reduce it.

Citing the word 'shall', which is used in the statutory provision, to contest the lowering of the said percentage, the petition states that:

'These marks are set to check the competency of a candidate for writing main examination. This test is conducted to check the basic legal knowledge, speed and mental stability of a candidate in the examination. Reducing this minimum qualifying criterion will affect the Judicial efficiency because a sub-standard or incompetent candidate may be recruited as a civil judge.'

It is further submitted that the recruitment process violates Articles 14, 19 and 21 of the Constitution, as the minimum qualifying percentage has only been reduced for general category, and not for students belonging to reserved categories.

The Petitioner is also aggrieved by the revealing of marks obtained in written examinations, before conducting the viva-voce. According to him, such an act creates a bias in the perspective of the interview board, in favour of the person with the highest marks. The Supreme Court had also recognised this apprehension to be well founded in Pranav Verma Vs. The Registrar General of the High Court of Punjab & Haryana, W.P. (C) No. 565/2019

It claims:

'Due to disclosure of marks of the main examination before viva-voce, there always remains a pre conceived notion bias in the mind of interview board towards those candidates who have obtained more marks or are among the topper of the written examination'.

Therefore, the Petitioner has sought court's direction to quash the results of the Mains examination, dated 13/01/2020. The schedule of the viva voce examination is also sought to be quashed.

In addition to this, the Petitioner has asked the court to declare the lowering of minimum qualifying percentage for general category students, from 60% to 58%, as unconstitutional.

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