SC directs HC to grant appointment to petitioner
Source: Chronicle News Service

Imphal, September 02 2024: The Supreme Court of India has directed the High Court of Manipur to declare a candidate, who missed the selection owing to alleged non-attainment of the qualifying mark, as successful in the recruitment of District Judge (Entry Level) Judicial Services Grade-I and issue appointment order to the candidate.

Candidate and petitioner Salam Samarjit had filed a writ petition to the Supreme Court, mentioning High Court of Manipur and others as respondents, stating that he appeared the written examination for recruitment of District Judge (Entry Level) Judicial Services Grade-I in July, 2013 as a Scheduled Caste (SC) candidate.

On October 17 the same year, the High Court issued a notification informing that none of the candidates were able to attain the qualifying marks.

After a complaint was filed in connection with the notification, a corrigendum was notified on February 7, 2014, stating that the petitioner passed with 52.8 per cent, which is well above the 50 per cent requirement for SC category.

Prior to conduct of the interview test, the full court of Manipur High Court adopted a resolution on January 12, 2015 that cut-off mark for the viva-voice examination will be 40 per cent, which the petitioner Was not made aware.

As the petitioner secured 18.8 out of the total 50 marks in the interview segment, he was failed for not obtaining the required 40 per cent.

However, tallying the total marks secured in both the written examination and viva-voice of the recruitment, the petitioner secured a total of 177.3 marks out of 350 with total percentage of 50.6 percent.

During the hearing of the petition, the court of former Justice R Banu-mathi upheld the failed result of the petitioner and observed that for a candidate to pass the exam, he/she must secure at least 40 per cent.

As such, the then justice concluded that the petitioner cannot challenge the selection process after participating in the viva voice segment.

On the other hand, the court of former Justice Shiva Kriti Singh observed that it is wrong to reject qualification of the candidate on the basis of viva voice test, when the general rule for selection is based on the cumulative grade calculated from the marks obtained in written exam and viva voice.

He opined that Grade 'F' is not an indicator of failing the examination.

After examining the differing rulings of the two justices in detail, the Supreme Court upheld the opinion of Justice Shiva Kriti Singh, while rejecting that of Justice R Banumathi.

The apex court further examined the details and noted that the petitioner can be declared to have passed the recruitment test.

Although he obtained 50 per cent of the marks in the written examination, he filed an RTI following which the Manipur High Court released a corrigendum and invited him for the interview round.

As per existing rules, it is an undeniable fact that he was the only SC candidate who passed both the written examination and interview round of the post.

Thus, the apex court directed the High Court of Manipur to announce that the petitioner passed the recruitment test with 50.6 per cent and issue the appointment order.

The seniority of the petitioner will be counted from the day of appointment.

Prior to the appointment, the petitioner will not receive any financial privileges.

The appointee, for the sake of superannuation benefit, will be granted notional seniority from the year of his interview in 2015.The SC further ordered that the above directions be put into action within four weeks.

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