VIJAYA KUMAR Vs. STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF LAW AND JUSTICE, VIDHANA SOUDHA, BENGALURU

JUDGEMENT

(1.) Petitioner has assailed sub-clause (3) of Rule 5 of the Karnataka Judicial Service (Recruitment) Rules, 2004 (Annexure-A) (hereinafter referred to as "the Rules" for the sake of brevity) as being ultra vires and violative of Articles 14, 16 and 21 of the Constitution of India

(2.) Petitioner is stated to be an applicant having applied for the post of District Judge, under the provisions of the said Rules pursuant to Notification at Annexure-B, dated 13/04/2017 pertaining to direct recruitment of candidates to the posts of District Judges. The last date for receipt of online applications was 30/04/2017. The said Notification has prescribed the eligibility criteria or qualification, the method of selection, disqualification for appointment and such other allied matters. Petitioner's application was scrutinized. It was found to be valid. He was permitted to appear in the preliminary examination. Being successful in the said examination, he appeared in the written examination held on 17/09/2017. According to the petitioner he has secured 74 marks out of 150 in Civil Law and 83 marks out of 150 in Criminal Law and total of 157 marks out of 300. He further states that a note is appended in the marks sheet, which reads as under:

(3.) Per contra, learned Addl. Government Advocate appearing on advance notice for the respondents at the outset drew my attention to an order passed by this Court in W.P.No.111083/2017, dated 23/11/2017, by a learned single Judge of this Court at Dharwad Bench. He submits that the candidate who has participated in the selection process cannot be permitted to challenge the Rule at an advanced stage of the selection process. He also submitted that the aforesaid order has been affirmed by the Hon'ble Supreme Court in SLP.No.33403/2017 and that the special leave petition has been dismissed by order dated 05/12/2017. Learned Addl. Government Advocate also submitted that the viva voce is ending on 08/12/2017 and at the fag end of the process of recruitment, the petitioner cannot seek interference at the hands of this Court when there is no merit in the writ petition.