HEMANI MALHOTRA Vs. HIGH COURT OF DELHI
LAWS(SC)-2008-4-72
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on April 03,2008

HEMANI MALHOTRA Appellant
VERSUS
HIGH COURT OF DELHI Respondents

JUDGEMENT

- (1.) These petitions are filed under Article 32 of the Constitution wherein the common prayer made, is to issue a writ of mandamus or any other appropriate writ or order to direct the respondent i.e. the High Court of Delhi at New Delhi to amend notice dated April 10, 2007 issued by Registrar (Vig.), High Court of Delhi to the effect that the petitioner of each petition, is also declared as selected for being recommended for appointment to the vacant post in Delhi Higher Judicial Service and prepare a combined merit list on the basis of total marks obtained in written examination as well as proportionate marks of the interview, as if, the vive- voce test was of 75 marks instead of 750 marks or by adding marks obtained in written examination and the marks given to the petitioner in the interview out of 750 marks without cut off.
(2.) In order to resolve the controversy raised by the petitioners in the petitions it would be advantageous to refer to certain basic facts.
(3.) The respondent i.e. the High Court of Delhi at New Delhi through Registrar General issued an advertisement inviting applications from eligible candidates for 16 vacant posts to be filled up by direct recruitment to Delhi Higher Judicial Service. Detailed information was given in the instructions annexed with the Application Form. The relevant particulars stated in the advertisement were as under:- "Delhi Higher Judicial Service Examination shall be a two stage selection process comprising the following: (a) There shall be a written examination comprising of one paper only of 250 marks. It shall have two parts. Part I shall be objective and Part II shall be descriptive. Syllabus for written examination shall comprise General Knowledge, Current Affairs, English Language and topics on Constitution of India, Evidence Act, Limitation Act, Code of Civil Procedure, Criminal Procedure Code, Indian Penal Code, Contract Act, Partnership Act, Principles governing Arbitration Law, Specific Relief Act, Hindu Marriage Act, Hindu Succession Act, Transfer or Property Act and Negotiable Instrument Act. (b) Interview/Viva-Voce. Minimum qualifying marks in the written examination shall be 55% for General Candidates and 50% for Scheduled Castes and Scheduled Tribes candidates. ";


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