K.Manjusree vs State Of A.P. & Anr

The advertisement stated that a written examination followed by an interview will be held for selection to the above posts. The last date for receipt of applications was 15.6.2004. In all 1637 applications were received. On scrutiny 1516 applicants were eligible to take the written examination.

5. The Administrative committee by its resolution dated 30.11.2004 decided the method and manner of selection. It resolved to conduct the written examination for the candidates for 75 marks and oral examination for 25 marks. It also resolved that the minimum qualifying marks for the OC, BC, SC and ST candidates shall be as prescribed earlier. As per its direction, the written examination was held on 30.1.2005 and 1026 candidates appeared for the examination. The results were declared on 24.2.2005 and 83 candidates were successful in the written examination. Due to the pendency of some litigation, interviews could not be held immediately. A committee of five Judges was constituted for interviewing the candidates and interviews were held in March 2006. Thereafter, the marks obtained by the 83 candidates in the written examination and in the interview were aggregated and a consolidated merit list of the 83 candidates wa prepared in the order of merit on the basis of the aggregate marks. It contained (i) the registration number, (ii) the names of the candidates, (iii) reservation category, (iv) marks secured in the written examination out of 100 marks,

(v) marks secured in the interview out of 25 marks, and (vi) the total marks secured in the written examination and interview out of 125. Thereafter, five more merit lists in respect of categories BC-A, BC-B, BC-D, SC and ST were prepared. On the basis of the said lists, the Interview Committee finalized the following list of candidates to be recommended for appointment as per merit and reservation, and submitted to the Administrative committee with a report dated 3.4.2006 :

The Full Court authorized the Chief Justice to constitute a committee of Judges for preparing a fresh list of candidates to be recommended for appointment of District & Session Judges (Grade II). Accordingly, the Chief Justice appointed a sub-committee of two Judges on 7.4.2006. The said sub- committee was of the view that the candidates should be evaluated with reference to written examination marks of 75 and interview marks of 25 as per the resolution dated 30.11.2004, instead of being evaluated with reference to written examination marks of 100 and interview of 25, thereby varying the prescribed ratio between written examination marks and interview marks from 3:1 to 4:1. Therefore, it scaled down the marks obtained by the candidates in the written examination with reference to a total of 100, in proportion to a maximum marks of 75. By adding the interview marks of 25, the total marks obtained by the candidates with reference to a total of 100 (as against 125) were recalculated. The sub- committee was also of the view that apart from applying the minimum marks for the written examination for determining the eligibility of the candidates to appear in the interview the same cut off percentage should be applied for interview marks, and those who fail to secure such minimum marks in the interview should be considered as having failed. As the minimum percentage for passing the written examination was 50% for open category, 40% for backward classes and 35% for SC and ST, only those candidates who secured the minimum of 12.5 marks (open category), 10 marks (BC candidates) and 8.75 marks (SC & ST candidates) were considered as having succeeded in the interview. Consequently, only 31 candidates were found to have qualified both in the written examination and interview and a revised merit list was prepared pruned down to 31 successful candidates. On that basis, nine candidates were recommended for appointment as follows :

8. The said report and the selection list were considered by the Full court on 28.4.2006 and it was resolved to accept the names of the aforesaid nine candidates in the said list to the State Government for appointment. The second list contained the names of 5 out of 10 candidates recommended in the first list (Sl. Nos.2,4,6,8 and 10 in the first list were Sl. Nos.1,3,4,7 and 9 in the second list). Five candidates in the first list (Sl. Nos.1,3,5,7 and 9 in the first list) got eliminated as they failed to secure the minimum marks in the interview and four fresh candidates entered the second list (Sl. Nos.2,5,6 and 8 in the second list). No candidate was selected under the category SC (Woman) as no candidate of that category secured the minimum marks in the interview.

11. Several applications for impleadment filed by the selected/non- selected candidates have been ordered to be heard along with the main matter. IA No.2 was filed by A.Hariharanatha Sarma, N.Thukaramji, V.B.Nirmala Geethamba and BSV Prakash Kumar whose names were found in both the first and second lists. IA Nos.3 and 5 are filed by G.Anupama Chakravarthy and P.Venkata Jyothirmai who were at Sl.Nos.5 and 1 in the first list (whose names were omitted in the second list). IA No.4 is filed by G.Radha Rani, K.Sreenivas and M.Renuka whose names are found in the second list at Sl.Nos.2,,5,6 and 8. They were also heard. While the applicants in IA Nos.2,3 and 5 have supported the contentions urged by the appellant, the applicants in IA No.4 have contended to the contrary. SLP [C] No.[CC Nos.s7188-89/2007]

Re : Question (iii)

CONCLUSION

32. We therefore, find that the judgment of the Division Bench of the High Court has to be set aside with a direction to the AP High Court to redraw the merit list without applying any minimum marks for interview. The merit list will have to be prepared in regard to 83 candidates by adding the marks secured in written examination and the marks secured in the interview. Thereafter, separate lists have to be prepared for each reservation category and then the final selection of 10 candidates will have to be made. The scaling down of the written examination marks with reference to 75 instead of 100 is however, proper.

33. In view of our said decision, WP(C) No.51/2007 and WP(C) No.97/2007 do not survive for consideration. As a candidate is available under the category of SC (Woman) and she will be selected, the question of considering whether that post should be transferred to SC (General) does not arise.

35. In view of the above, we dispose of the matter as follows :