Minimum marks in interview must for judges' post even for reserved category candidates: SC

The Supreme Court has ruled that it was absolutely necessary to have minimum passing marks in viva voce test for the post of district judges even for candidates from the reserved category. Otherwise the standard in judiciary would be compromised, it said.

"It is not only appropriate but also absolutely necessary to prescribe the minimum pass marks so as to weed out worthy elements and so as to segregate grain from the chaff," a bench of Justices Arun Mishra and Amitava Roy said.

The bench said in our opinion the prescription of minimum 45 % marks for reserved category candidates could not be said to be uncalled for. Just because some posts were lying vacant, it could not be grounds to relax the minimum marks for interview. The minimum marks for general category was fixed as 50% out of 150.

Emphasising the role of interview, the bench said, "when appointment in the higher judiciary to the post of district judge is involved, the interview is the best method of judging the performance, overall personality and the actual working knowledge and capacity to perform. Otherwise, the standard of judiciary is likely to be compromised."

A written examination only tests academic knowledge, which is some times gained without possessing overall qualities, practical experience of practice and law. In written exam, even the person with no calibre who takes decision by cramming may obtain better marks, the court said.

Hearing a batch of writ petitions filed by Taniya Malik and others, the court said the minimum marks fixed for viva voce cannot be said to be unreasonable as the panel was liberal in its approach since only one candidate out of 64 called for interview had failed. It also declined to interfere with the criteria of minimum 50% aggregate marks and 40% in each subject fixed by the Delhi High Court for written examinations held for 100 posts of Delhi Judicial Service.

The court also rejected a plea for rounding off marks, saying it cannot be done when aggregate marks are fixed. It also declined a plea to relax the criteria of minimum marks in each subject from 40% to 33% on the grounds that a person who had obtained the highest marks could not clear one of the papers by a narrow margin of one mark.