| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | r.6 Andhra Pradesh Judicial Service Rules Adhoc Judges aggregate percentage marks 2007 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Constitution of India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Andhra Pradesh Judicial Service Rules, 2007 – r.6 – Absorption of Adhoc Judges on regular basis – In Brij Mohan Lal case, Supreme Court prescribed the modalities and procedure for absorption of Adhoc Judges on regular basis – It included qualifying test as well as viva voce test – Pursuant thereto, appellant-High Court issued notification for the examination and held the qualifying examination and also conducted interviews – All four respondents had secured the required minimum 40%/35% qualifying marks in the written examination – However, none of them had secured 40%/35% marks in the viva voce – Further, none of them had secured 40%/35% marks in combined written test and viva voce examination – Respondents were considered not qualified for absorption on regular basis – Writ petition by the respondents – High Court took the view that Brij Mohan Lal case does not mention qualifying marks in viva voce and further pointed out that there was no stipulation for securing minimum qualifying marks in viva voce test either as per advertisement or as per the Rules – On appeal, held: Brij Mohan Lal case does not lay down minimum qualifying marks for viva voce – It, however, prescribed qualifying marks in aggregate i.e. both for written examination and interview combined – Insofar as Rules are concerned, minimum qualifying marks are mentioned for written examination only – Combined and cumulative effect of the judgment along with Rules is that minimum qualifying marks were required for written examination and no minimum qualifying marks were required for interview, however, consolidated qualifying marks were required for written examination and interview, which was 40% for general candidates and 35% for SC/ST/OBC candidates – In instant case, all the respondents obtained qualifying marks in written examination, but none of them had secured qualifying aggregate/ consolidated percentage marks – Thus, the respondents did not secure consolidated qualifying marks (i.e. both in written plus interview) as mandated by the Brij Mohan Lal case – Service Law – Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001.Supreme Court-Directions – Andhra Pradesh Judicial Service Rules, 2007 – Absorption of Adhoc Judges on regular basis – In Brij Mohan Lal case, Supreme Court prescribed the modalities and procedure for absorption of Adhoc Judges on regular basis – Pursuant thereto, appellant-High Court issued notification for the examination and held the qualifying examination and also conducted interviews – All four respondents were considered not qualified for absorption on regular basis – Held: The respondents did not secure qualifying marks as per the judgment of the Supreme Court – However, considering the marks of the candidates, two candidates had secured 99.7 and 99.3 marks as against the required marks of 100 – Their marks rounded off to 100, considering that they were working as ad-hoc judges for number of years and also that it was only a qualifying examination for the purpose of regularisation – Therefore, these two candidates/respondents to be treated as qualified – Insofar as other two candidates are concerned, they had secured 40%/35% marks in written examination though they were not able to secure required aggregate marks – However, considering their substantial years of service and also the fact that one of them belonged to SC category, who are supposed to secure minimum qualifying marks of 30% in written examination as per Rules – Thus, one more chance given to them to appear in written examination and viva voce in accordance with mandate in Brij Mohan Lal case – This direction given in exercise of powers u/Art.142 of the Constitution – Service Law – Constitution of India – Art.142 – Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001 |
| Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
| Neutral Citation | 2019 INSC 94 |
| Petitioner | High Court Of Hyderabad For The State Of Telangana And State Of Andhra Pradesh, Through Its Registrar General & Anr. Etc. |
| Respondent | P. Murali Mohana Reddy And Ors. Etc. |
| SCR | [2019] 2 S.C.R. 409 |
| Judgement Date | 2019-01-25 |
| Case Number | 73 |
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