DURGACHARAN MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a petition under Art. 32 of the Constitution challenging the validity of the list of candidates prepared by Orissa Public Service Commission, Cuttack for appointment as Probationary Munsifs in the State Judicial Service.

(2.) The Selection of candidates for subordinate judicial service is governed by the Orissa Judicial Service Rules, 1964 (the "Rules"). The Rules were framed under the proviso to Article 309 read with Article 234 of the Constitution of India. The State Public Service Commission (The "Commission") is the selecting authority. The candidates are required to be selected by written test followed by viva voce test. The written examination carries the maximum marks of 950 and the viva voce test 200.

(3.) In accordance with the Rules, the Commission issued advertisement No. 12 of 1982-83 inviting applications from eligible candidates for posts of Probationary Munsifs. The petitioner was one of the candidates who applied in response thereof, In the written examination conducted by the Commission the petitioner secured 470 marks. He was called for viva voce test in which he was given 30 marks. He thus secured in all 500 out of 1150. The Commission prepared a list of candidates which we may term as 'select list' and recommended to the Government altogether 56 candidates in four batches as desired by the latter. The petitioner did not find a place in that list. The candidates with less number of aggregate marks than that of the petitioner have, however, been selected. The petitioner, therefore, challenges the validity of selection, on the ground among others that it is arbitrary and contrary to the Rules.