Shreya Saraiya vs Honble High Court Of Madhya Pradesh
2024 Latest Caselaw 5456 MP

Madhya Pradesh High Court

Shreya Saraiya vs Honble High Court Of Madhya Pradesh on 22 February, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

IN THE HIGH COURT OF MADHYA PRADESH
                 AT JABALPUR
                    BEFORE
      HON'BLE SHRI JUSTICE SHEEL NAGU
                        &
      HON'BLE SHRI JUSTICE VINAY SARAF
               WP. No.15101 of 2022

     BETWEEN:-

     SAMIDHA PERSAI D/O SHRI ANANT
     PERSAI, AGED ABOUT       27 YEARS,
     CANDIDATE FOR SELECTION OF CIVIL
     JUDGE, ENTRY LEVEL, CLASS- II POST,
     R/O 88, SHARDA VIHAR COLONY, KERWA
     DAM ROAD, BHOPAL (M.P.)
                                           .....PETITIONER

     (BY SHRI HEMANT SHRIVASTAVA - SR. ADVOCATE WITH
     SHRI RAJIV MISHRA & SHRI SHIVAM HAZARI - ADVOCATES)

                       AND

1.   HON'BLE HIGH COURT OF MADHYA
     PRADESH THROUGH THE REGISTRAR
     GENERAL, HIGH COURT OF M.P.,
     JABALPUR.

2.   THE       PRINCIPAL     REGISTRAR
     (EXAMINATION), HIGH COURT OF M.P.,
     JABALPUR.

3.   STATE OF MADHYA PRADESH THROUGH
     PRINCIPAL SECRETARY, DEPARTMENT OF
     LAW     &    LEGISLATIVE   AFFAIRS,
                        -   2 -


      GOVERNMENT OF M.P., VINDYANCHAL
      BHAWAN, BHOPAL (M.P.)

4.    EKAGRA CHARTURVEDI, ROLL NO.- 2076,
      MERIT NO.-68, MERIT MARKS- 235.17,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

5.    PRINSHU MISHRA, ROLL NO.-3631, MERIT
      NO.-69, MERIT MARKS- 234.83, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

6.    KOMAL RAO, ROLL NO.- 3671, MERIT NO.-
      70, MERIT MARKS- 234.75, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

7.    SHIVANI CHARTURVEDI, ROLL NO.- 3565,
      MERIT NO.-71, MERIT MARKS- 234.08,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST   (SELECTED)     THROUGH      THE
      PRINCIPAL REGISTRAR (EXAMINATION),
      SOUTH CIVIL LINES, JABALPUR (M.P.)

8.    DIVYA SHRIVASTAVA, ROLL NO.- 2535,
      MERIT NO.-72, MERIT MARKS- 233.75,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

9.    DEEPTI CHAUHAN, ROLL NO.- 3049, MERIT
      NO.-73, MERIT MARKS- 233.75, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

10.   AKANSHA SHRIVASTAVA, ROLL NO.- 3256,
      MERIT NO.-74, MERIT MARKS- 233.58,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

11.   AISHWARYA JAIN, ROLL NO.- 2152, MERIT
      NO.-75, MERIT MARKS- 233.50, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).
                         -   3 -




12.   YASHU KHURANA, ROLL NO.- 2062, MERIT
      NO.-76, MERIT MARKS- 233.08, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

13.   APOORVA MALHOTRA, ROLL NO.- 5045,
      MERIT NO.-77, MERIT MARKS- 232.83,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

14.   VIJAYA VISHWAKARMA, ROLL NO.- 4518,
      MERIT NO.-78, MERIT MARKS- 232.33,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

15.   SHUBHANGI JAIN, ROLL NO.- 3517, MERIT
      NO.-79, MERIT MARKS- 232.17, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

16.   AYUSHI SHRIVASTAVA, ROLL NO.- 2214,
      MERIT NO.-80, MERIT MARKS- 232.17 CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

17.   NUPOOR TIWARI, ROLL NO.- 2442, MERIT
      NO.-81, MERIT MARKS- 232.17 CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

18.   SAKSHI SHUKLA, ROLL NO.- 4519, MERIT
      NO.-82, MERIT MARKS- 235.17, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

19.   AVINESH CHOUBEY, ROLL NO.- 4004,
      MERIT NO.-83, MERIT MARKS- 231.67,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

20.   YASHMI AGRAWAL, ROLL NO.- 3337,
      MERIT NO.-84, MERIT MARKS- 231.33,
                        -   4 -


      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

21.   MANSI SINGODIYA, ROLL NO.- 2428,
      MERIT NO.-85, MERIT MARKS- 231.33,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

22.   TASLEEM NIZAMI, ROLL NO.- 5021, MERIT
      NO.-86, MERIT MARKS- 231.25, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

23.   PRIYAM SEN, ROLL NO.- 1367, MERIT NO.-
      87, MERIT MARKS- 231.08, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

24.   DIVYA SHARMA, ROLL NO.- 1073, MERIT
      NO.-88, MERIT MARKS- 230.83, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

25.   RENUKA BARIYA, ROLL NO.- 2321, MERIT
      NO.-89, MERIT MARKS- 230.83, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

26.   NEHA SINGH, ROLL NO.- 3032, MERIT NO.-
      90, MERIT MARKS- 230.75, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

27.   RUHI AJAZ MEV, ROLL NO.- 2058, MERIT
      NO.-91, MERIT MARKS- 230.75, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

28.   DHRUV JAKHAR, ROLL NO.- 3249, MERIT
      NO.-92, MERIT MARKS- 230.67, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

29.   SHIVANI SHRIVASTAVA, ROLL NO.- 2189,
      MERIT NO.-93, MERIT MARKS- 230.67,
                         -   5 -


      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

30.   AKANSHA BHARGAVA, ROLL NO.- 4416,
      MERIT NO.-94, MERIT MARKS- 230.58,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

31.   SANKET VASHISTHA, ROLL NO.- 3437,
      MERIT NO.-95, MERIT MARKS- 230.58,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

32.   RISHAV DIXIT, ROLL NO.- 3231, MERIT NO.-
      96, MERIT MARKS- 230.58, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

33.   ARPITA TRIPATHI, ROLL NO.- 4535, MERIT
      NO.-97, MERIT MARKS- 230.33, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

34.   KARAN VIR SINGH, ROLL NO.- 3029, MERIT
      NO.-98, MERIT MARKS- 230.25, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

      (NOTE 1 :- THE RESPONDENTS NO.4 TO 34
      ARE     IMPLEADED     THROUGH    THE
      APPOINTING AUTHORITY, THE PRINCIPAL
      SECRETARY, DEPARTMENT OF LAW &
      LEGISLATIVE AFFAIRS, GOVERNMENT OF
      M.P., VINDHYANCHAL BHAWAN, BHOPAL
      (M.P.))
      (NOTE 2 :- THE PETITIONER UNDERTAKES
      TO SERVE THE NOTICES ON THE
      CORRECT ADDRESSES OF RESPONDENTS
      NO.4 TO 34, ON RECEIPT OF THE SAME,
      FROM O/O RESPONDENT NO.3/4)

                                           .....RESPONDENTS
                       -    6 -


     (RESPONDENT-HIGH COURT OF M.P. BY SHRI ADITYA
     ADHIKARI - SENIOR ADVOCATE WITH SHRI EIJAZ SIDDIQUI
     - ADVOCATE, RESPONDENT/STATE BY SHRI ANKIT AGRAWAL
     - GOVT. ADVOCATE AND PRIVATE RESPONDENTS BY SHRI
     KAPIL DUGGAL - ADVOCATE)

                WP. No.15102 of 2022

     BETWEEN:-

     SHREYA SARAIYA D/O SHRI SUDESH
     KUMAR SARAIYA, AGED ABOUT 26 YEARS,
     CANDIDATE FOR SELECTION OF CIVIL
     JUDGE, ENTRY LEVEL, CLASS- II POST,
     R/O E-2/273; ARERA COLONY, BHOPAL
     (M.P.)
                                           .....PETITIONER

     (BY SHRI HEMANT SHRIVASTAVA - SR. ADVOCATE WITH
     SHRI RAJIV MISHRA & SHRI SHIVAM HAZARI - ADVOCATES)

                          AND

1.   HON'BLE HIGH COURT OF MADHYA
     PRADESH THROUGH THE REGISTRAR
     GENERAL, HIGH COURT OF M.P.,
     JABALPUR (M.P.)

2.   THE    PRINCIPAL     REGISTRAR
     (EXAMINATION), HIGH COURT OF M.P.,
     JABALPUR (M.P.)

3.   STATE OF MADHYA PRADESH THROUGH
     PRINCIPAL SECRETARY, DEPARTMENT OF
     LAW    &   LEGISLATIVE   AFFAIRS,
     GOVERNMENT OF M.P., VINDYANCHAL
     BHAWAN, BHOPAL (M.P.)

4.   VIJAYA VISHWAKARMA, ROLL NO.- 4518,
     MERIT NO.-78, MERIT MARKS- 232.33,
                         -   7 -


      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

5.    SHUBHANGI JAIN, ROLL NO.- 3517, MERIT
      NO.-79, MERIT MARKS- 232.17, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

6.    AYUSHI SHRIVASTAVA, ROLL NO.- 2214,
      MERIT NO.-80, MERIT MARKS- 232.17 CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

7.    NUPOOR TIWARI, ROLL NO.- 2442, MERIT
      NO.-81, MERIT MARKS- 232.17 CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

8.    SAKSHI SHUKLA, ROLL NO.- 4519, MERIT
      NO.-82, MERIT MARKS- 235.17, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

9.    AVINESH CHOUBEY, ROLL NO.- 4004,
      MERIT NO.-83, MERIT MARKS- 231.67,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

10.   YASHMI AGRAWAL, ROLL NO.- 3337,
      MERIT NO.-84, MERIT MARKS- 231.33,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

11.   MANSI SINGODIYA, ROLL NO.- 2428,
      MERIT NO.-85, MERIT MARKS- 231.33,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

12.   TASLEEM NIZAMI, ROLL NO.- 5021, MERIT
      NO.-86, MERIT MARKS- 231.25, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).
                        -   8 -


13.   PRIYAM SEN, ROLL NO.- 1367, MERIT NO.-
      87, MERIT MARKS- 231.08, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

14.   DIVYA SHARMA, ROLL NO.- 1073, MERIT
      NO.-88, MERIT MARKS- 230.83, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

15.   RENUKA BARIYA, ROLL NO.- 2321, MERIT
      NO.-89, MERIT MARKS- 230.83, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

16.   NEHA SINGH, ROLL NO.- 3032, MERIT NO.-
      90, MERIT MARKS- 230.75, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

17.   RUHI AJAZ MEV, ROLL NO.- 2058, MERIT
      NO.-91, MERIT MARKS- 230.75, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

18.   DHRUV JAKHAR, ROLL NO.- 3249, MERIT
      NO.-92, MERIT MARKS- 230.67, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

19.   SHIVANI SHRIVASTAVA, ROLL NO.- 2189,
      MERIT NO.-93, MERIT MARKS- 230.67,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

20.   AKANSHA BHARGAVA, ROLL NO.- 4416,
      MERIT NO.-94, MERIT MARKS- 230.58,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).

21.   SANKET VASHISTHA, ROLL NO.- 3437,
      MERIT NO.-95, MERIT MARKS- 230.58,
      CIVIL JUDGE, ENTRY LEVEL CLASS-II
      POST (SELECTED).
                         -   9 -


22.   RISHAV DIXIT, ROLL NO.- 3231, MERIT NO.-
      96, MERIT MARKS- 230.58, CIVIL JUDGE,
      ENTRY LEVEL CLASS-II POST (SELECTED).

23.   ARPITA TRIPATHI, ROLL NO.- 4535, MERIT
      NO.-97, MERIT MARKS- 230.33, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

24.   KARAN VIR SINGH, ROLL NO.- 3029, MERIT
      NO.-98, MERIT MARKS- 230.25, CIVIL
      JUDGE, ENTRY LEVEL CLASS-II POST
      (SELECTED).

      (NOTE 1 :- THE RESPONDENTS NO.4 TO 34
      ARE     IMPLEADED     THROUGH    THE
      APPOINTING AUTHORITY, THE PRINCIPAL
      SECRETARY, DEPARTMENT OF LAW &
      LEGISLATIVE AFFAIRS, GOVERNMENT OF
      M.P., VINDHYANCHAL BHAWAN, BHOPAL
      (M.P.))
      (NOTE 2 :- THE PETITIONER UNDERTAKES
      TO SERVE THE NOTICES ON THE
      CORRECT ADDRESSES OF RESPONDENTS
      NO.4 TO 34, ON RECEIPT OF THE SAME,
      FROM O/O RESPONDENT NO.3/4)
                                           .....RESPONDENTS

      (RESPONDENT-HIGH COURT OF M.P. BY SHRI ADITYA
      ADHIKARI - SENIOR ADVOCATE WITH SHRI EIJAZ SIDDIQUI
      - ADVOCATE, RESPONDENT/STATE BY SHRI ANKIT AGRAWAL
      - GOVT. ADVOCATE AND PRIVATE RESPONDENTS BY SHRI
      KAPIL DUGGAL - ADVOCATE)

                 WP. No.16832 of 2022

      BETWEEN:-

1.    SOURABH SONI S/O SHRI OMPRAKASH
      SONI, AGED ABOUT 29 YEARS, BY
      OCCUPATION : STUDENT, R/O 132/2A,
                       -   10 -


     RAJHARSH BASTI, NAYAPURA, KOLAR,
     BHOPAL (M.P.)

2.   SAGAR JAIN S/O SHRI SUSHIL KUMAR
     JAIN, AGED ABOUT 28 YEARS, BY
     OCCUPATION : STUDENT, R/O 30,
     MAHAVEER SADAN, PEER GATE,
     HUZUR, BHOPAL (M.P.)

3.   SHUBHAM BHARADWAJ S/O SHRI
     MOHAN LAL BHARADWAJ, AGED
     ABOUT 29 YEARS, OCCUPATION :
     STUDENT, R/O MIG 7, AVINASH
     COLONY, NEAR NEW GALLA MANDI,
     DAMOH (M.P.)
                                 .....PETITIONERS

     (BY SHRI HEMANT SHRIVASTAVA - SR. ADVOCATE WITH
     SHRI RAJIV MISHRA & SHRI SHIVAM HAZARI - ADVOCATES)

                          AND

1.   HON'BLE HIGH COURT OF MADHYA
     PRADESH THROUGH THE REGISTRAR
     GENERAL, HIGH COURT OF M.P.,
     JABALPUR (M.P.)

2.   STATE OF MADHYA PRADESH THROUGH
     PRINCIPAL SECRETARY, DEPARTMENT OF
     LAW    &   LEGISLATIVE   AFFAIRS,
     VINDHYANCHAL BHAWAN, BHOPAL (M.P.)

3.   SMRITI SONI, ROLL NO.4290

4.   BHUPENDRA KUSHWAHA, ROLLNO. 3200

5.   APEKSHA PATIDAR, ROLL NO.2124

6.   SAMIKSHA SINGH, ROLLNO.3697

7.   SANJEET CHOURASIA, ROLLNO.5019
                        -   11 -


8.    EKAGRA CHATURVEDI, ROLLNO.2076

9.    PRINSHU MISHRA, ROLLNO.3631

10.   KOMAL RAO, ROLL NO.- 3671

11.   SHIVANI CHARTURVEDI, ROLL NO.- 3565

12.   DIVYA SHRIVASTAVA, ROLL NO.- 2535

13.   DEEPTI CHAUHAN, ROLL NO.- 3049

14.   AKANSHA SHRIVASTAVA, ROLL NO.- 3256

15.   AISHWARYA JAIN, ROLL NO.- 2152

16.   YASHU KHURANA, ROLL NO.- 2062

17.   APOORVA MALHOTRA, ROLL NO.- 5045

18.   VIJAYA VISHWAKARMA, ROLL NO.- 4518

19.   SHUBHANGI JAIN, ROLL NO.- 3517

20.   AYUSHI SHRIVASTAVA, ROLL NO.- 2214

21.   NUPOOR TIWARI, ROLL NO.- 2442

22.   SAKSHI SHUKLA, ROLL NO.- 4519

23.   AVINESH CHOUBEY, ROLL NO.- 4004

24.   YASHMI AGRAWAL, ROLL NO.- 3337

25.   MANSI SINGODIYA, ROLL NO.- 2428

26.   TASLEEM NIZAMI, ROLL NO.- 5021

27.   PRIYAM SEN, ROLL NO.- 1367

28.   DIVYA SHARMA, ROLL NO.- 1073

29.   RENUKA BARIYA, ROLL NO.- 2321
                         -   12 -




30.   NEHA SINGH, ROLL NO.- 3032

31.   RUHI AJAZ MEV, ROLL NO.- 2058

32.   DHRUV JAKHAR, ROLL NO.- 3249

33.   SHIVANI SHRIVASTAVA, ROLL NO.- 2189

34.   AKANSHA BHARGAVA, ROLL NO.- 4416

35.   SANKET VASHISTHA, ROLL NO.- 3437

36.   RISHAV DIXIT, ROLL NO.- 3231

37.   ARPITA TRIPATHI, ROLL NO.- 4535

38.   KARAN VIR SINGH, ROLL NO.- 3029

39.   HARSHA PARMAR, ROLL NO.2537

40.   SHIVKANT KUSHWAHA, ROLL NO.4384

41.   NEHA BATHRI, ROLL NO.1283

42.   AYUSHI MALVIYA, ROLL NO.1338

43.   NILESH MULATKAR, ROLL NO.2093

44.   KHUSBU DANGI, ROLL NO.3410

45.   SURBHI RAI, ROLL NO.4545

46.   BHAVNA KACHHAWA, ROLL NO.2064

47.   NARAYAN YADAV, ROLL NO.4463

48.   ARVIND MEENA, ROLL NO.2126

49.   OMPRAKASH PARMAR, ROLL NO.2278

50.   CHARU NEMA, ROLL NO.2322
                                            -   13 -


               RESPONDENT NOS.4 TO 51 ARE SELECTED
               CANDIDATES IN CJ EXAM 2019 PHASE-II.
                                                                      .....RESPONDENTS

               (RESPONDENT-HIGH COURT OF M.P. BY SHRI ADITYA
               ADHIKARI - SENIOR ADVOCATE WITH SHRI EIJAZ SIDDIQUI
               - ADVOCATE, RESPONDENT/STATE BY SHRI ANKIT AGRAWAL
               - GOVT. ADVOCATE AND PRIVATE RESPONDENTS BY SHRI
               KAPIL DUGGAL - ADVOCATE)
-----------------------------------------------------------------------------------------------
       Reserved on                     :       08.02.2024
       Pronounced on                   :       22.02.2024

----------------------------------------------------------------------------------------
       This petition having been heard and reserved for orders,
coming on for pronouncement this day, Hon'ble Shri Justice Sheel
Nagu pronounced the following:

                                           ORDER

1. This order shall govern the disposal of W.P. No.15101/2022, W.P. No.15102/2022 and W.P. No.16832/2022 since similar facts and grounds are raised and similar relief is sought.

1.1 For the sake of convenience, facts are taken from W.P. No.16832/2022.

1.2 These petitions have been filed under Article 226 of Constitution by aspirants for appointment to the post of Civil Judge Entry Level, who are essentially aggrieved by their failure to obtain minimum passing

- 14 -

marks of 20 out of 50 in the interview despite having cleared the Preliminary as well as the Main Examination.

2. Learned counsel for the rival parties Shri Hemant Shrivastava, learned senior counsel with Shri Rajiv Mishra and Shri Shivam Hazari, Advocates for petitioner and Shri Aditya Adhikari, learned senior counsel with Shri Eijaz Siddiqui, Advocate for respondent-High Court of Madhya Pradesh, Shri Ankit Agrawal, learned Government Advocate for respondent-State and Shri Kapil Duggal, learned counsel for private respondents, are heard on the question of admission so also on final disposal.

3. Reliefs claimed in these petitions are to the following effect:

"7.1 That, the Condition No.3(1) provided in the Scheme of Examination may be declared as dehors to the Madhya Pradesh Judicial Recruitment and Conditions of Service Rules-1994, for having prescribed an additional eligibility criteria of 20/50 marks in the interview, without amending/incorporating it in the rules framed under Article-309 of the Constitution of India.

7.2 That, the Hon'ble Court may kindly be pleased to hold that the petitioner is an eligible candidate for instant selection, for having scored more aggregate marks in comparison to the Respondent No.4 to 34, who have been provisionally declared as selected candidates, for their respective appointment on the post of Civil Judge (Entry level) (Class-2) by the Respondent No.2.

7.3 That, the Respondent may kindly be directed to include the name of the petitioner in the Provisional Selection Panel at Sr. No.67-A (i.e. to say above Respondent No.04 to 34) in accordance with the meritorious position of the petitioner.

7.4 That, the petitioner may kindly be permitted to undergo police verification and medical examination, at par with the candidates available in the Selection Panel.

7.5 That, this Hon'ble Court may kindly be further pleased to quash the impugned notification dated 27.04.2022 & 14.05.2022 (ANNEXURE

- 15 -

P/8), by which the available vacancies have been arbitrarily altered in the midst of the process of selection.

7.6 Any other order or relief deemed fit and proper in the fact and circumstances of the case.

7.7 That this Hon'ble Court may kindly pleased to discard the impugned resolution dated 14.01.2019 and declare it as invalid/illegal. 7.8 That this Hon'ble Court may kindly pleased to relax the criteria of minimum 40% qualifying marks (20 out of 50) under the provision of Rule 19 of Statutory Recruitment Rules, to the extent of 30% (that is to say 15 out of 50 marks) or any other suitable limit as prescribed by this Hon'ble Court.

7.9 That this Hon'ble Court may kindly pleased to order to revise the Provisional Selection List (Annexure P/4) as per law laid down by Hon'ble Supreme Court in Indra Sawhney Vs UOI reported in 1993 Supp (3) SCC 217, RK Sabharwal Vs State of Punjab, reported in (1995) 2 SCC 540 & Malik Mazhar Sultan (3), reported in (2008) 17 SCC 703."

4. The nature of pleadings and reliefs reveal that the essential grievance of petitioners is that despite Statutory Rules i.e. Madhya Pradesh Judicial Recruitment and Conditions of Service Rules, 1994 (hereinafter referred to as 'Rules of 1994') not prescribing for any passing marks in Interview, the High Court cannot by Executive Instructions prescribe passing marks in viva voce by executive instructions alone.

5. This Court may not enter into the prolixity of hearing prolonged arguments for adjudicating the issue since the same is no more res integra in view of decision of Coordinate Bench in the case of Richa Verma vs. High Court of Madhya Pradesh (WP No.17195/2022) and Anil Kumar Namdeo vs. High Court of Madhya Pradesh (WP No.16374/2022) where similar issue was dealt with in detail, leading to both the petitions suffering dismissal by order dated 05.09.2022.

- 16 -

5.1 The aforesaid order dated 05.09.2022 has since been assailed in Anil Kumar Namdeo vs. High Court of Madhya Pradesh in SLA(C) No.20315/2022 which is pending adjudication before Apex Court without grant of any interim order in favour of the candidate concerned who has approached the Apex Court.

6. Learned senior counsel Shri Hemant Shrivastava appearing on behalf of petitioner, with all the humility at his command valiantly attempted to distinguish the order dated 05.09.2022 passed by Coordinate Bench of this Court.

7. If the first prayer of these petitions contained in Para 7.1 is seen, it is clear that grievance is essentially against prescribing passing marks in Interview without there being any foundational enabling provision in the Rules of 1994.

7.1 This Court for ready reference and convenience reproduces certain relevant paragraphs of order dated 05.09.2022 passed by Coordinate Bench of this Court in the case of Richa Verma-Anil Kumar Namdeo (supra) as follows:

"2. The common grievance of petitioners in both the petitions arise out of prescription of minimum passing marks of 40% (20 out of 50) in the interview conducted as part of the selection process for appointment to the post of Civil Judge, Entry Level conducted by respondent No.1 vide advertisement No.325/Examination/CT/2019 (phase II) dated 05.09.2020.

5.1 However, before parting, this Court would deem it appropriate to dwell upon the issue raised by petitioners that High Court in absence of any enabling provision in the Recruitment Rules was not authorized in law to prescribe minimum passing marks in interview. In support of the

- 17 -

aforesaid contention, learned counsel for petitioners has relied upon the decision of Apex Court in All India Judges' Association (supra).

6.1 Rules of 1994 have been framed by invoking powers conferred by Article 234 r/w proviso to Article 309 of Constitution of India to govern and regulate the process of recruitment and conditions of service of members of Lower Judicial Service which includes posts of Civil Judge Entry Level, Civil Judge Senior Division and Chief Judicial Magistrate. 6.2 The fountainhead of powers behind the Rules of 1994 is Article 234 of Constitution which is reproduced below for ready reference and convenience:-

"234. Recruitment of persons other than district judges to the judicial service- Appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State."

6.3 Article 234 vests power upon Governor of the State to make make appointment of persons to the judicial service other than district judges in accordance of rules framed by the State Government in consultation with the concerned High Court. Expression "consultation" employed in Article 234 of Constitution has been interpreted by the Apex Court in the case of A.C. Thalwal Vs. High Court of H.P. and others, (2000) 7 SCC 1 to mean effective and meaningful consultation with element of primacy and binding nature with object to sub-serve principle of independence of judiciary recognized as one of the basic features of the Constitution. Meaning thereby that Article 234 gives primacy to the opinion and advice tendered by the High Court by way of consultation.

6.4 The Rules of 1994 framed in exercise of power under Article 234 bestow upon the High Court the onerous responsibility of ensuring that the stream of judiciary remains pure which is possible only when meritorious persons of prescribed qualifications and sterling character, are allowed to enter the judicial service.

6.5 It is to achieve the aforesaid object that Rule 5 entrusts the High Court with selection process by way of written examinations and viva- voce, the curriculum and procedure in regard to which are vested exclusively with the High Court.

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6.6 The best and most suitable mode of ensuring induction of high merit and character is by prescription only passing marks in written examination and interview.

6.11 Admittedly, Rule 5 of the Rules of 1994 does not prescribe in express terms any passing marks in interview, but the very fact that the High Court is constitutionally obliged under Article 234 of Constitution and Rules of 1994 to lay down the procedure and curriculum for holding selection process, it goes without saying that the High Court has ample powers to prescribe minimum passing marks so as to achieve the ultimate object of inducting the most meritorious among the eligible candidates.

8. What comes out loud and clear from the above discussion is that the High Court is not only empowered to ensure prescribing of minimum passing marks in interview, but is also constitutionally and statutorily obliged to ensure the stream of justice to remain pure. This can happen only when persons of high merit and unimpeachable character are inducted into the judicial service, which can be inter alia ensured by prescribing of minimum passing marks in the interview.

9. In view of above discussion, this Court has no manner of doubt that the grounds raised by petitioners in support of the challenge to the prescribing of minimum passing marks in interview cannot be countenanced in law, and therefore, the challenge is repelled.

10. Consequently, both the petitions bearing W.P. No.17195/2022 and W.P. No.16374/2022 stand dismissed sans cost."

8. Bare reading of the aforesaid extracted paragraphs of the order dated 05.09.2022, makes it luminous that the very same issue/dispute, as raised herein, has been adjudicated by the Coordinate Bench of this Court in Richa Verma-Anil Kumar Namdeo (supra) which presently is under challenged in Apex Court but without any interim order passed and therefore, judgment rendered by the Coordinate Bench in Richa Verma (supra) is binding on this Bench.

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8.1 Learned senior counsel Shri Hemant Shrivastava despite making out all efforts is not able to persuade us to take a different view than the one taken by Coordinate Bench of this Court in Richa Verma-Anil Kumar Namdeo (supra).

9. Pertinently, the other reliefs claimed from Para 7.2 to 7.9 are all consequential to relief claimed in Para 7.1 and therefore, need not be gone into.

10. Consequent thereupon, this Court declines interference in these matters and dismisses both petitions in the light of earlier order dated 05.09.2022 passed by the Coordinate Bench of this Court in the case of Richa Verma-Anil Kumar Namdeo (supra).

11. However, dismissal of these petitions shall always remain subject to outcome in the case of Anil Kumar Namdeo vs. High Court of Madhya Pradesh in SLA(C) No.20315/2022 pending adjudication before Apex Court.

12. Present petitions stand dismissed with aforesaid observation.

                                       (SHEEL NAGU)                                    (VINAY SARAF)
                                          JUDGE                                            JUDGE
  YS



Date: 2024.02.23 11:28:26 +05'30'