STATE OF PUNJAB Vs. ASHOK KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Rule 7 of the Punjab Civil Service (Judicial Branch) Rules, 1951, requires that unless a candidate in the general category obtains 50% marks in the aggregate in all the written papers, he cannot be called for a viva voce test. Under Rule 8 the merit of a qualified candidate is to be determined according to the aggregate marks in the written papers and viva voce. We , therefore, make it clear that the merit list which is to be forwarded by the petitioners to the High court would be based on the aggregate marks obtained by the candidate in the written examination as well as marks in the viva voce. Only those candidates who have obtained more than 50% marks in the aggregate in all the written papers have to be considered for viva voce. Therefore, the merit list shall consist only of those candidates who have obtained more than 50% marks in aggregate in the written test. However, the aggregate marks to be taken into account for preparing the merit list will be the marks obtained in the written test as well as in the viva voce. In the impugned judgment it has been left open to the High Court to decide how many vacancies have to be filled and this direction remains.

(3.) The appeal is thus, disposed of.