- (1.) The selection of District & Sessions Judges in the Kerala Higher Judicial Service in the year 2015 has given rise to this litigation. As per the Notification dated 30.9.2015 the selection was to be conducted by written examination and viva-voce. The written examination of two papers carried 300 marks (150 marks for each paper). The viva-voce was for 50 marks. It was stipulated that those general and OBC candidates who secured 50 per cent in the written examination without any separate minimum and SC/ST who secured 40 per cent were qualified to participate in the viva-voce.
(2.) In terms of the Resolution of the Full Court dated 13.12.2012, there should be no minimum cut-off marks for the interview. The final merit list was to be prepared in the following manner:- "..The merit list of successful candidates will be prepared on the basis of the total marks obtained in the written examination and viva-voce." As a matter of fact, two selections were held in the years 2013 and 2014 without cut-off marks for the viva-voce. As per the Resolution dated 13.12.2012, after publishing the result of the examination, the candidates were interviewed by the Selection Committee. However, after the viva-voce, the Administrative Committee (consisting of the same members as the Selection Committee) resolved to draw up a list of successful candidates on the basis of same separate minimum percentage of marks in the viva-voce as in the written examination. According to the Administrative Committee, the fixing of the minimum marks for the viva-voce was not a deviation from the approved scheme since "it was never the intention of the Full Court to select persons who do not attain the minimum required bench mark for such a responsible post". The merit list thus drawn by the Administrative Committee on the basis of the minimum marks in the viva-voce was approved by the Full Court and those candidates were appointed accordingly. That selection is challenged in these cases.
(3.) The main contention is that the rules of the game could not have been changed after the game is played and the result of the game is known to the selectors.;