BHARAT BHUSHAN Vs. HIGH COURT OF M P

JUDGEMENT

(1.) This judgment will govern the disposal of all the writ petitions as common questions are involved in all the aforesaid writ petitions. For the sake of convenience, facts are taken from W.P. No.1373/2015.

(2.) In brief, the claim made by the petitioners in all the aforesaid writ petitions is for issuance of a writ in appropriate nature for setting aside the final results of the Madhya Pradesh Higher Judicial Service Examinations, held in the year 2007, 2008 and 2010. A further direction is claimed against respondent No.1 for preparation of the fresh merit list by aggregating the marks of written examination and interview. A writ is further claimed for quashing the condition of securing minimum 20 marks out of 50 marks in interview for being qualified, to be included in the select list, as enumerated in the scheme of selection by the respondent No.1, with a further direction to include the names of the petitioners in the final select list for appointment on the post in Madhya Pradesh Higher Judicial Service with all the consequential benefits.

(3.) To appreciate the claim made in the aforesaid writ petitions, it would be proper to describe certain facts. By making the Madhya Pradesh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (herein after referred to as 'Rules of 1994), a scheme of recruitment on the post of District & Sessions Judge in the State of Madhya Pradesh was made. The method of appointment was prescribed under Rule 5 of the Rules of 1994,which prescribes that 50% posts were to be filled in by promotion of the Civil Judges (Senior Division) on the basis of meritcum-seniority and passing of suitability test. 25% posts were to be filled in by promotion strictly on the basis of merit through limited competitive examination of Civil Judges (Senior Division) having not less than 5 years qualifying service and remaining 25% posts to be filled in by direct recruitment from amongst the eligible advocates on the basis of written test and viva voce conducted by the High Court.