February 20, 2019:
Bihar Public Service Commission postpones the 'Mains' examinations for Civil Judge (Junior Division) scheduled for today, after Hon'ble Supreme Court strucks down Rule 5A(3) of the The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955.
A writ petitions was filed before the Supreme Court , with respect to the examination of Civil Judge (Junior Division). Rule 5A(3) of The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 is challenged on the ground that it only provides 10% of the total number of candidates appeared, to be called for the final written examination.
It is contended by the petitioner candidates aggrieved by the action of BPSC that 10% of the candidates who have appeared in the preliminary examination shall be declared as qualified for writing the final main examination.
Petitioners rely upon the earlier decision of Supreme Court in Malik Mazhar Sultan and Anr vs. Uttar Pradesh Public Service Commission and Others, (2008) 17 SCC 703, wherein the apex court directed that vacancies have to be filled up by holding preliminary examination and then final written examination followed by viva voce.
"...for the purposes of Civil Judge (Junior Division) by direct recruitment, declaration of the result of the preliminary written examination for calling candidates for final written examination has to be in the ratio of 1:10 of the available vacancies to the successful candidates."
Justices Arun Mishra and Navin Sinha, of Hon'ble Supreme Court while hearing the contentions opined that the aforesaid Rule 5A is in violation to what has been laid down by this Court in Malik Mazhar Sultan case.
Supreme Court observes, "The fixation of 10% of the total number of appeared candidates in preliminary examination to be called for final written examination is otherwise also arbitrary and unreasonable as the same substantially restricts the number of candidates to stake their claim in the final examination. By virtue of the operation of the Rule for 349 available seats total number of candidates being called for final written examination of General Category is 902 and for reserved categories it is 198 and the total number is 1100. The number of seats reserved out of 349 is 50% on rounded off comes approximately to 174 seats. The number of reserved category candidates being called to stake their claim in their final examination is nearly 198 only. The ratio approximately is 1:1 whereas it has to be 1:10....".
Thus, the Bench is of the opinion that the aforesaid Rule is clearly arbitrary and violates the decision of this Court in Malik Mazhar Sultan's case on restrict competitive field unreasonably.
Apart from this, the Bench observes yet another glaring error in the Rule that no minimum passing marks have been prescribed in preliminary examination.
While observing so, the Bench allows the present Writ Petition and states, "The ratio of 1:10 is only applicable when these number of successful candidates are available and obtaining of the minimum passing marks in preliminary examination should be necessary, out of the successful candidates available out of them in the ratio of 1:10 are required to be called for final written examination.
In the circumstances, we have no hesitation to strike down the provision contained in Rule 5A(3) of the Rules."
In the circumstances, as the examination was scheduled to be held on 20.02.2019 (i.e Today), the Bihar Public Service Commission has submitted that following the Supreme Court's order, candidates equal to 10 times of the vacancies have to be called, and therefore postpones the scheduled mains examinations via an official notification.
It is stated in the said Notification that intimation regarding date of examination will be notified soon.
Read Judgment and Notification @ LatestLaws.com
RAHUL DUTTA & ORS. Vs THE STATE OF BIHAR & ORS. 14-Feb-2019
Important-Notice-30BJSE-(Main)-Postponed
Picture Source :
