'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing

One of the pleas sought quashing of notification issued by the Madhya Pradesh High Court scheduling the Online Preliminary Examination of Madhya Pradesh Higher Judicial Service (District Judge-Entry Level) Direct Recruitment, which has led to a clash with the Mains Examination for the Direct Recruitment to the cadre of District Judge for the State of Rajasthan.

The notification issued by MP High Court has scheduled the said Preliminary Examination (Madhya Pradesh) on 24.07.2022, whereas the above-mentioned Mains Examination (Rajasthan) is scheduled to take place from 23.07.2022 to 24.07.2022.

Another petition had been filed seeking rescheduling in view of the clash in the Preliminary Examination in Bihar and the Mains Examination in Rajasthan.

Considering that filling up the vacancies in the judiciary is the need of the hour, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh declined to interfere -

"...There appears to be some clashes of exams. Earlier also some deferments took place. We cannot countenance such a situation where examinations continuously need to be deferred…The petitioners have to take a choice…"

Advocate, Amit Anand Tiwari appealing for petitioner in one of the petitions apprised the Bench about the clash in the Judicial examinations in Bihar and Rajasthan. He apprised the Bench that immediately after petitioner's representation was rejected they had moved the Apex Court.

Justice Kaul asked, "When is the exam?"

Mr. Tiwari responded, "24 (July) and 25 (July)".

Justice Kaul reckoned -

"There is a larger issue of filling up vacancies. Choose where you want to appear."

As the Counsel urged further, Justice Kaul stated that it would not be possible for the Supreme Court to ask all the High Courts to send their examination calendars to ensure that there is no clash.

"Can the Supreme Court say let all the courts send their calendar?"

It is contended that if at least one of the examinations are not rescheduled, candidates eligible to appear for all the examinations would be deprived of a crucial opportunity. It is asserted that the same would cause irreparable damages. Placing reliance on Article 16 of the Constitution of India, it was argued that in exercise of the said provision the petitioner has a right to be considered for employment.

Not satisfied with the submission, Justice Kaul stated -

"There are so many examinations. Suppose somebody wants to appear in exams for different courses, can they say that they want to apply in all and ask the Court to make it convenient for them to appear in all."

Reliance was also placed by the petitioners on the decision of the Apex Court in Nisha Kumari And Ors. v. Haryana Public Service Commission, wherein considering the clash between Mains Examination of Haryana Civil Service (Judicial Branch), 2021 and Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam-2021, the Court had directed Haryana PSC to reschedule.

[Case Title: Arvind Kumar Arora v. Rajasthan High Court And Ors.]