Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh State Higher Judicial Service Rules Andhra Pradesh State Higher Judicial Service 1958 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Andhra Pradesh State Higher Judicial Service :Appointment to posts of District and Sessions Judge (Grade-II) - By direct recruitment - Allocation for marks for written examination and interview - Change in criteria after commencement/completion of selection process - Legality of - HELD: Authority making rules regulating the selection, can prescribe, by rules, the minimum marks both for written examination and interview or may not prescribe any minimum marks either for written examination and/or interview - Where rules do not prescribe any procedure, Selection Committee may also prescribe such minimum marks, but it should do so before commencement of selection process - Changing criteria after completion of selection process would be illegal - On facts, when Administrative Committee of High Court had clearly resolved on 30.11.2004 that evaluation of performance should be with reference to 75 marks for written examination and 25 marks for interview and minimum qualifying marks for various categories would be 'as prescribed earlier', conducting written examination with reference to 100 marks, and prescribing minimum qualifying marks for interview, which criterion was not there in the earlier selection and which was introduced after entire selection process was completed, would amount to changing the criteria during the selection process or thereafter, which is clearly impermissible and illegal - High Court would redraw merit list by scaling down written examination marks to 75 from 100 and without applying any minimum marks for interview - Andhra Pradesh State Higher Judicial Service Rules, 1958.Constitution of India, 1950:Article 136 - Petition for special leave to appeal - HELD: Is not maintainable as the petitioner is not aggrieved by the selection process nor did she file any writ petition in the High Court - The SLP is also liable to be rejected on the ground of delay. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2008 INSC 195 |
Petitioner | K. Manjusree |
Respondent | State Of Ap. & Anr. |
SCR | [2008] 2 S.C.R. 1025 |
Judgement Date | 2008-02-15 |
Case Number | 1313 |
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