Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam

The Delhi High Court has dismissed the petition of a judiciary aspirant who had prayed for a direction to declare him qualified in Delhi Higher Judicial Services (Mains) Examination (Written) - 2022.

Anil Kumar, the petitioner, could not clear the examination and was declared unsuccessful solely for the reason that the marks secured by him in Paper-I (GK and Language) were below the specified threshold of 45 percent. He had obtained 67 marks [44.66 percent] out of the total of 150 marks and, thus, failed to meet the threshold for the next stage of examination - viva voce.

His argument before the court was that none of the marks awarded against his answers are in fractions, therefore his marks for the paper are required to be rounded off.

However, the division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said it would have acceded to the request but for a specific provision in Delhi Higher Judicial Services Rules, 1970, which prohibits rounding off of marks. 

"In view of the specific provision, this Court is unable to grant the relief as sought for by the petitioner," said the court.

Kumar had earlier approached the Supreme Court also. The bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka on September 16 had granted him the liberty to seek verification that each question has been marked and the total is correct. The concerned authorities had been directed to examine his request in accordance with the norms.

"It is a hard case, but there is little we can do. Thus, we have to dismiss it albeit, with a heavy heart. Ordered accordingly," the apex court had said.

The division bench headed by Justice Bakhru too in the order said, "We do the same with equally heavy hearts."

Title: ANIL KUMAR vs HIGH COURT OF DELHI

Citation: 2022 LiveLaw (Del) 1019

Click Here To Read Order/Judgment