Recommend petitioner for post of District & Sessions Judge: DB

Excelsior Correspondent

JAMMU, Mar 14: In a landmark judgment, Division Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Alok Aradhe today quashed the resolution of the High Court and directed Registrar General and Selection Committee to recommend the case of Manohar Lal to the post of District and Sessions Judge.
The petitioner was seeking quashment of decision taken in the meeting held on November 10, 2012 by which recommendation in favour of the petitioner for his appointment to the post of District and Sessions Judge was reversed.
After hearing Senior Advocates UK Jalali and Sunil Sethi with Advocates Veenu Gupta and Shivani Jalali appearing for the petitioner, Division Bench observed, “from the perusal of the resolution dated November 11, 2012, it is evident that the candidature of the petitioner has been rejected merely on the ground that he has failed to secure the “Cumulative Grade Value” in the written and viva-voce examination in terms of Rule 8 (iii) of the Rules”.
“The conclusion of the committee in our considered opinion is erroneous inasmuch as Rule 8(iii) does not prescribe for any minimum cut-off marks for the viva-voce and the petitioner has obtained 4 marks out of 20 marks in viva-voce i.e. 20% marks and another candidate, namely, Tahir Khurshid Raina, who has also secured 20% marks, has been selected”, the DB said, adding “the petitioner has admittedly secured 95.5 marks out of 200 and has secured more marks than respondent No.4.  Thus, in other words, the petitioner has secured the highest marks under the Scheduled Caste Category, therefore, it cannot be said that he has failed to make the “Cumulative Grade Value” in the absence of prescription for any cut-off marks in the viva-voce”.
“The Supreme Court in the case of All India Judges Association Versus Union of India has held that there should be no minimum marks in viva-voce test”, the DB said while quashing the impugned resolution dated 11.11.2012 and directed Registrar General to recommend the case of the petitioner for appointment to the post of District and Sessions Judge.
“Needless to state that the appointment of the petitioner shall be subject to outcome of the writ petition filed by Pawan Kundal before the Supreme Court and in case the Pawan Kundal succeeds in the writ petition, the petitioner will have to make way for Pawan Kundal”, the DB said.

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