In Brief
Six writ petitions challenged the constitutionality of Rules prescribing minimum qualifying marks in viva voce tests for appointment to District Judges and Civil Judges in Bihar and Gujarat. Petitioners argued this violated the Shetty Commission recommendations and Articles 14 and 16. The Supreme Court held that such minimum marks (20% in Bihar, 40% in Gujarat) are permissible and do not contravene law. The Shetty Commission recommendations are guidelines; when they conflict with statutory Rules, the Rules prevail. The marks requirement has reasonable nexus to selecting well-rounded judicial officers and is not arbitrary. Moderation of marks undertaken by Bihar High Court was bonafide and lawful. Non-consultation with PSC in Gujarat did not void the Rules where PSC itself declined consultation and the High Court was properly consulted. The Court dismissed all petitions and urged High Courts to adopt procedural transparency in recruitment.
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