RAMESHWAR PATI TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this batch of writ petitions which have been heard together relates to recruitment to the Bihar Judicial Service on the basis of 24th Judicial Service Examination.

(2.) THE dispute has a chequered history. The advertisement for the 24th Judicial Service Examination was published by the Bihar Public Service Commission (in short the Commission) initially for only 7 posts in 1990 itself, though in the advertisement it was mentioned that the number could increase. On 7.10.91 another advertisement was published with respect to 245 vacancies. The category - wise break -up of vacancies was mentioned as:General - 123, Scheduled Castes (SC) - 34, Scheduled Tribes (ST) - 25, Most Backward Classes (MBC) - 29, Backward Classes (BC) - 20, Economically Backward Classes (EBC) - 7 and Women - 7. At this stage itself it may be mentioned that though the total number of vacancies for the MBC, BC, EBC and Women works out to 63, 64 vacancies have been treated as reserved for OBCs comprising the said categories.

(3.) MEANWHILE the written examination was held between 25.4.91 and 30.4.91. On 18.4.94 the result was published. 539 candidates of different categories including 277 General candidates qualified for the viva voce test on the basis of cut -off marks. It is relevant to mention here that the High Court on its administrative side had by letter dated 18.3.94 advised the Commission to fix the cut -off marks at 45% for non -SC/ST candidates and 35% for SC/ST candidates. The letter also mentioned that the candidates not more than three times the number of vacancies be called for interview and to that extent the qualifying marks may be pushed up. The said advice was given in accordance with Rule 15 of the Bihar Civil Services (Judicial Branch) (Recruitment) Rules, 1955, clause (A) whereof lays down that the Commission i.e. Bihar Public Service Commission shall have discretion to fix the qualifying marks at the written examination in consultation with the Patna High Court. Accordingly those 539 candidates were called for viva voce test which was held from 2.5.94 to 9.5.95. On 16.5.94 list of 195 successful candidates was published. This included 123 candidates in the General category and 72. in the reserve categories including the OBCs.