KUNAL KISHOR Vs. LT. GOVERNOR

JUDGEMENT

(1.) The petitioners, who were desirous of joining the Delhi Judicial Service, are aggrieved by the application of the rule of minimum qualifying marks in the viva voce of Delhi Judicial Service Examination, 2008 ("DJS Examination, 2008" for short).

(2.) The Registrar of Delhi High Court issued an advertisement on 25.08.2008 for holding the Delhi Judicial Service Examination. The number of vacancies was set out as 36 with the provision for possible filling-up of 50 more posts in case there are additional seats which were created.

(3.) The examination was in a three-part format with a preliminary examination, main examination and a viva voce. The minimum qualifying marks were prescribed for the preliminary examination as 60 per cent for the General Category and 55 per cent for the Reserved Categories subject to a ceiling limit of 10 times the total number of vacancies of each category advertised. Such of the persons who would qualify the preliminary examination would be invited to take the main examination and such of the candidates who in the main examination would obtain 40 per cent marks in each written paper and 50 per cent marks in the aggregate for the General Category candidates and 35 per cent in each written paper and 45 per cent marks in the aggregate for the Reserved Category Candidates would be eligible to be called for viva voce. The viva voce marks were to be added to the marks obtained in the main examination to compute the merit list.