SHIVA KIRTI SINGH,J. - (1.) I have perused the judgment written by Banumathi, J. Since I am unable to agree with the same, I hereby record my views on the main issues involved in the case.
(2.) As most of the relevant facts including the submissions of the rival parties as well as relevant provisions of rules have already been extracted, I will borrow and refer from such facts and statutory provisions where ever necessary. Only to recapitulate the seminal facts, it is noted that the relevant advertisement for filling up a single vacancy in the post of District Judge (Entry Level) by way of direct recruitment through examination of 2013 was published on 15.5.2013. The advertisement disclosed that the recruitment shall be governed by the Manipur Judicial Service (Recruitment and Conditions of Service) Rules, 2005 (for brevity, 'the Rules'). The duly filled applications were to be sent to Registrar, High Court of Manipur at Imphal. Inter alia, it was also indicated, as is the position in the Rules, that for being called for viva voce test a candidate must secure in the written examination 60% marks if he is from unreserved category and 50% if he is of reserved category. The viva voce was to carry 50 marks. The examination was held in July 2013. As per initial notification dated 17.10.2013, the Joint Registrar notified that none of the candidates was successful in their written examination. The mark sheet was published on 29.01.2014 in which petitioner being a scheduled caste category candidate had secured more than the minimum qualifying marks of 50%. In fact he had secured 52.8% marks. Hence petitioner filed a representation on 04.02.2014 for reconsideration of his result. On 07.02.2014 the High Court issued a corrigendum and declared the petitioner as successful in the written examination. Be it noted that the petitioner was the only successful candidate for the unreserved single post under contest. For almost a year the recruitment process remained at a standstill. Through a letter dated 29.01.2015 the petitioner was informed that viva voce will be held on 12.02.2015. The petitioner undertook the said test. On 19.02.2015 the petitioner learnt from a notice dated 16.02.2015 issued by the Joint Registrar of the High Court and placed on the Notice Board of the High Court that the petitioner had failed to qualify in the interview.
(3.) The petitioner made a request for certain informations under the RTI Act from the concerned officer of High Court of Manipur on 21.02.2015. The informations sought for included queries as to whether there was any pass mark/cut-off mark out of the total 50 marks for the interview and also details of the particular rule under which he had failed in the interview. The information was supplied on 19.03.2015 disclosing that he had obtained 18.8% marks in the viva voce test and the cut-off mark/pass mark is 40% out of total 50 marks for the interview. The High Court did not provide reference to any particular rule under which petitioner had been found not qualified in the interview.;