- (1.) THIS writ petition has been filed for quashing the minimum marks fixed by the Selection Committee constituted by the High Court of Judicature at Allahabad for filling up the vacancies in U. P. Higher Judicial Service i. e. 50 percent in the written examination for being called for interview for all category of candidates including the candidates of reserved category.
(2.) FACTS and circumstances giving rise to this case are that 160 vacancies of Higher Judicial Officers were advertised under the U. P Higher Judicial Service Rules, 1975 (hereinafter called the "rules, 1975" ). Out of the said vacancies, 84 vacancies were to be filled up by direct recruitment. In view of the provisions of Rule 18 of the Rules, 1975, the Selection Committee fixed the bench mark of 50 percent in the written examination for the candidates to be called for interview for all categories of candidates. The said bench mark is under challenge. Sri Prabha Shanker Pandey, learned Counsel for the petitioner has submitted that in view of the provisions of Article 16 of the Constitution of India, it was mandatory on the part of the High Court/selection Committee to fix a lower bench mark for the reserved category candidates and since it has failed to do so, the selection process stood vitiated. In support of his submissions, Shri Pandey, has submitted that petitioner belongs to Other Backward Class and had there been a different benchmark prescribing some lower marks than 50 percent, he could have been selected. He has further submitted that in other States like, Uttaranchal, Punjab and Haryana 40 per cent marks have been fixed as bench mark for reserved category candidates, while 50 per cent for general category candidates. The same criteria ought to have been adopted by the respondents.
(3.) ON the other hand Shri Amit Sthalekar, learned Counsel for the respondents has vehemently opposed the petition contending that Article 16 of the Constitution is merely an enabling provision and fixing the bench mark falls within the exclusive domain of the employer/state authorities. In order to maintain the efficiency, in administration it is always open to the authority concerned to fix the bench mark for all category of candidates in view of the provisions of Article 335 of the Constitution of India. He submits that the petition lacks merit and is liable to be dismissed. We have considered the rival submissions made by the learned Counsel for the parties and perused the record.;