(1.) This writ petition has been filed by two candidates, who had appeared in the Delhi Judicial Service Examination 2010 under the ,,Scheduled Castes category, but were unsuccessful because they did not obtain the minimum prescribed marks of 45% in the viva -voce test, although they had cleared the preliminary examination as well as they had qualified for being called for the interview. The petitioners are, inter alia, seeking a mandamus directing the respondent No.1 (Delhi High Court) to consider the petitioners as qualified and selected and to subsequently appoint them to the posts of Civil Judge or Metropolitan Magistrate, as the case may be. The petitioners also seek a direction that the entire recruitment procedure adopted during the Delhi Judicial Service Examination 2010 be declared as null and void and that all the selections made pursuant thereto be struck down inasmuch as, according to them, the recruitment procedure, at least insofar as the Scheduled Caste candidates are concerned, suffered from serious infirmities. Consequently, they seek a writ directing the High Court to undertake fresh recruitment.
(2.) ON 26.10.2009, a public notice was issued by the respondent No.1 indicating that the Delhi Judicial Service Examination would be held in two successive stages. The first was to comprise of a preliminary examination and, the second stage, of a main written examination for the purposes of selecting the candidates for calling them for the viva -voce test. The number of vacancies, which were required to be filled as per the said notification, were as under: -
(3.) ON 26.11.2010, the respondent No.1 took out a notice indicating the interview schedule. Both the petitioners were called for interview on 13.12.2010. On 24.12.2010, the respondent No.1 notified the final result of the candidates in order of merit prepared by the Selection Committee on the basis of the said competitive examination. The marks obtained by the candidates in the written examination as well as the viva -voce test were also The petitioner No.1s name appeared at mentioned in the said notice. S.No.120. He had obtained, as aforesaid, 437.5 marks out of 850 in the written examination and in the viva -voce test, he obtained 65 marks out of a maximum of 150 marks. His total came to 502.5 marks out of 1000. Similarly, the petitioner No.2 (Rakesh Kumar), whose name appeared at S.No.127, obtained 63 marks out of a maximum of 150 marks in the viva - voce test and thereby he obtained a total of 478.5 out of a maximum of 1000 marks. However, both of them were declared as not qualified for selection because they did not clear the minimum percentage marks of 45% in the viva -voce test. Consequently, the petitioners were not selected. Being aggrieved by this, the petitioners have filed the present petition for the reliefs mentioned above.