V KKULKARNI Vs. STATE OF MYSORE AND

JUDGEMENT

(1.) This is the second occasion on which the announcement of the names of successful candidates by the Mysore Public Service Commission under the provisions of the Mysore Munsiffs (Recruitment) Rules, 1958 which will be referred to as the Rules is under impeachment before this Court. Those Rules were made by the Governor in the exercise of the power conferred on him by Article 234 of the Constitution. The conduct of a competitive examination for the selection of the most suitable persons for appointment as Munsiffs was the main purpose of these Rules.

(2.) Rule 6 directed the Mysore Public Service Commission which will be referred to as the Commission to conduct for that purpose a competitive examination consisting of a written examination and a viva voce examination. The written examination was held on two days in 1960 and the viva voce examination commenced on March 1, 1961 and continued until March 10, 1961. On May 22, 1961 the Commission published a list of those candidates who, according to its determination, had been successful in the examination and therefore entitled to be appointed as Munsiffs. But the validity of that list was challenged in Writ Petition No. 848 of 1961 and other companion matters, and, this Court by the order which it made on September 4, 1961 quashed that list, firstly on the ground that the Commission had without competence prescribed the qualifying marks and secondly for the reason that the viva voce examination did not conform to the Rules.

(3.) On April 16, 1962 the Governor who alone, according to this Court, had the competence to prescribe the minimum qualifying marks, amended Rule 6 by adding a proviso to it according to which 55% of the aggregate marks had to be secured by a candidate to succeed in the examination. That amendment was followed up by a fresh viva voce examination conducted by the Commission on June 20, 1962, and, the names of successful candidates were thereafter announced by the Commission on July 6, 1962. The petitioner who is an unsuccessful candidate challenges this announcement.