VENKATARAMIAH, J.- - (1.) THE Judgment of the court was delivered by
(2.) IN these petitions filed under Article 32 of the Constitution the petitioners have challenged the validity of the proceedings relating to the competitive examination held by the High court of Delhi for the purpose of recruiting candidates for filling the posts in the Delhi Judicial Service in the year 1984 and of the final list of selected candidates at that examination. The petitioner in Transfer Case 61 of 1985, which was also heard along with the above petitions, had filed earlier a writ petition under Article 226 of the Constitution before the High court of Delhi for the very same relief. That writ petition was withdrawn by an order made under Article 139-A of the Constitution for being disposed of along with the Writ Petition filed in this court. The petitioners in the above petitions were applicants for the posts of Subordinate Judges in the Delhi Judicial Service. Recruitment to the Delhi Judicial Service is governed by the Delhi Judicial Service Rules, 1970 (hereinafter referred to as 'the Rules') made by the Lt. governor of Delhi in exercise of the powers conferred by the proviso to Article 309 of the Constitution read with Article 234 of the Constitution, in consultation with the High court of Delhi. The initial recruitment to the Delhi Judicial Service was made in accordance with Part III of the Rules. "Initial recruitment" means the first recruitment and appointment made to the Delhi Judicial Service after the commencement of the Rules. Any recruitment to the Delhi Judicial Service after the initial recruitment is required to be made in accordance with the rules contained in Part IV of the Rules. We are concerned in these cases mainly with Rules 13 to 18 of the Rules and the Appendix attached thereto. Rule 13 of the Rules provides that recruitment after the initial recruitment, shall be made on the basis of a competitive examination to be held by the High court at such intervals as the Administrator may in consultation with the High court determine. The Administrator is no other than the Lt. governor of Delhi. The dates on which and the place at which the examination is to be held are required to be fixed by the Administrator. Rule 14 prescribes the minimum qualifications for a candidate which he should satisfy in order to be eligible to appear at the competitive examination. A candidate is eligible to appear at the examination if he is (a) a citizen of India; (b) a person practising as an advocate in India or a person qualified to be admitted as an advocate under the Advocates Act, 1961 ; and (c) not more than 32 years of age on the 1st day of January following the date of commencement of the examination. Rule 15 of the Rules provides that the syllabus for the examination and the fees payable shall be as detailed in the Appendix attached to the Rules. The examination includes the following subjects and each 726 subject carries the number of marks shown against it: JUDGEMENT_721_3_1985Html1.htm The first five papers are called written papers. In clauses ( 1) to (5) of the Appendix the topics or subjects of each of the above written papers are set out. Clause (6) of the Appendix which deals with Viva Voce reads as under: (6) Viva Voce.-Only such candidates will be called for Viva Voce who have obtained 50% in each written paper and 60% in the aggregate except in the case of candidates belonging to the Scheduled Castes/Tribes, in whose case the qualifying marks will be 40% in each written paper and 50% in the aggregate.
(3.) THE marks obtained in the Viva Voce have to be added to the marks obtained in the written papers and the candidate's rank depends on the aggregate of both. Rule 16 of the Rules provides that after the written test, the High court shall arrange the names of the candidates in order of merit and these names shall be sent to the Selection Committee. THE constitution of the Selection Committee is described by Rule 5 of the Rules. It provides that for purposes of recruitment to the Delhi Judicial Service there shall be a Selection Committee consisting of the following: (1) chief justice or a Judge of the High court deputed by him (2) Two Judges of the High court nominated by the chief justice. (3) Chief Secretary, Delhi Administration, Delhi. (4) A secretary of the Delhi Administration nominated by the Administrator. The Registrar of the High court is the ex officio secretary of the Committee. The Selection Committee is required to call for Viva Voce test only such candidates who have qualified at the written test as provided in the Appendix. The duties and functions of the Selection Committee are set out in Rules 17 and 18 of the Rules. They read : 17. The Selection Committee shall call for Viva Voce test only such candidates, who have qualified at the written test as provided in the Appendix. 18. The Selection Committee shall prepare a list of 727 candidates in order of merit. Such list will be forwarded to the Administrator for filling the vacancies then existing or any vacancy that may occur within a period of one year of the preparation of the list. ;