JUDGEMENT
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(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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