AIR 1985 SUPREME COURT 1709 ::1985 LAB. I. C. 1887 ::1985 UJ (SC) 917 ::1985 SCC (L&S) 947 ::1985 (4) SCC 105 ::(1985) 2 Lab LN 831 ::(1985) Pat LJR 58

Supreme Court Of India

(From:(1985)2 Serv. LR.135 (pat.)

Hon'ble Judge(s): E. S. Venkataramiah, R. B. Misra , JJ

Bihar Civil Service (Judicial Branch) (Recruitment) Rules (1955) , R.15, R.19, R.21— Judicial service - Examination - Fixation of qualifying marks at 38 per cent for unreserved @page-SC1710class candidates by Public Service Commision - No subesquent alteration - Inclusion of candidates securing less than 38% in list of successful candidates - Non-inclusion of candidate securing 38.8% marks in list - Violative of Arts. 14 and 16.(1985) 2 Serv LR 135 (Pat.) Reversed. Constitution of India , Art.14, Art.16, Art.234— Where the Bihar Public Service Commission had held the competitive Judicial Service Examination for the recruitment of Munsiffs and fixed the qualifying marks at 38 per cent for the unreserved class of candidates after taking into consideration the opinion of the High Court and had not subsequently altered it, but the commission while preparing the list of successful candidates had included the names of the candidates securing less than 38 per cent of marks and the name of the appellant, a candidate who had secured 38.8% per cent of marks, was not included in that list by the Commission and in the counter- affidavit there was no refernce to any fresh fixation of qualifying marks made by the Commission after it had once taken the decision to fix 38 per cent marks as the qualifying marks in regard to the candidates belonging to the unre....