NOOR ALI ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the minimum marks fixed by the Selection Committee constituted by the High Court of Judicature at Allahabad for filling up the vacancies in U. P. Higher Judicial Service i. e. 50 percent in the written examination for being called for interview for all category of candidates including the candidates of reserved category.

(2.) FACTS and circumstances giving rise to this case are that 160 vacancies of Higher Judicial Officers were advertised under the U. P Higher Judicial Service Rules, 1975 (hereinafter called the "rules, 1975" ). Out of the said vacancies, 84 vacancies were to be filled up by direct recruitment. In view of the provisions of Rule 18 of the Rules, 1975, the Selection Committee fixed the bench mark of 50 percent in the written examination for the candidates to be called for interview for all categories of candidates. The said bench mark is under challenge.

(3.) ON the other hand Shri Amit Sthalekar, learned Counsel for the respondents has vehemently opposed the petition contending that Article 16 of the Constitution is merely an enabling provision and fixing the bench mark falls within the exclusive domain of the employer/state authorities. In order to maintain the efficiency, in administration it is always open to the authority concerned to fix the bench mark for all category of candidates in view of the provisions of Article 335 of the Constitution of India. He submits that the petition lacks merit and is liable to be dismissed.