S.J.MUKHOPADHAYA,J. - (1.) THE writ petition has been preferred by the petitioners for the following reliefs : (a) Declare the results of the petitioners as passed pursuant to the examination held in view of Judicial Service (Recruitment) Rules 2001; (b) Disclose and supply the marks of main and Viva Voce examination of Jharkhand Judicial Service, 2001 to the petitioners forthwith; (c) Cancel the entire appointment of the Subordinate Judicial Service Examination, 2001, the result of which was declared in the newspaper on 16.3.2002 (Annexure -4) since it was not conducted pursuant to the advertisement for the post of Munsif in the Jharkhand State (Annexure 2) and also the said examination was not been held pursuant to the rules framed for the purpose and published in the Jharkhand Gazette on 20.8.2001; (d) Any other relief for which petitioners are entitled under the law.
(2.) THE main plea taken by the petitioners is that they suspect that they have been wrongly eliminated from the zone of appointment having been shown unsuccessful because of minimum qualifying marks prescribed for Viva Voce Test. The counsel for the petitioners submitted that rule known as Jharkhand Judicial Service (Recruitment) Rules, 2001 (for short Rule 2001) was framed by the State Government Gazetted on 20th August, 2001, in exercise of powers conferred by Article 234, read with Article 309 of the Constitution of India. In the said rule, though minimum qualifying marks for the Written Test was prescribed, but no minimum qualifying marks was prescribed for Viva Voce Test (Interview).
(3.) A regulation has been framed by the High Court of Jharkhand, Therein also, no minimum qualifying marks has been prescribed for Viva Voce Test (Interview).;