General category candidates for the appointment of Additional District Judge in Haryana have suffered a setback. The Punjab and Haryana High Court has upheld the ADJ selection criteria for general category candidates in the written and oral exams. Dismissing the writ challenging the matter, the High Court has held that the petitioner, who failed to obtain the pre-determined minimum marks, was ineligible for appointment.
The petitioner had initially participated in the selection process of his own free will without objecting to clause 15, he was “prevented” from questioning its validity only because the result was contrary to him.
What the High Court said in its judgment
The High Court has said in its judgment that it is the right of the concerned authority to determine this. The court has said that the prescribed authority has the privilege to determine the eligibility conditions to ensure the selection of the highest qualified candidates for judicial posts. A bench of Chief Justice Sheel Nagu and Justice Sumit Goel said that the requirement of obtaining a minimum of 50 per cent marks is not a mere procedural formality, nor is it a threshold that can be ignored at judicial discretion. Rather, it is an essential condition for eligibility.
Demand for relaxation in 50% marks
The petitioner had sought relaxation in the 50 per cent qualifying marks criterion, arguing that there should be no fixed threshold in a competitive selection process. Rejecting this argument, the court said that it is the prerogative of the presiding authority to prescribe eligibility conditions to ensure the selection of candidates of the highest calibre for judicial posts.
The judgment said, it is within the prerogative of the selecting authority to prescribe criteria that ensure the recruitment of candidates of the highest calibre, particularly for a post of significant judicial responsibility.