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Supreme Court of India 2024-02-01 allowed

SUSHIL KUMAR PANDEY & ORS vs THE HIGH COURT OF JHARKHAND & ANR

Bench: 2 — Aniruddha Bose, Sanjay Kumar

In Brief

The Jharkhand High Court published a select list of 66 candidates for 22 District Judge vacancies based on prescribed rules and cut-off marks. However, the Full Court later recommended only 13 candidates, introducing a new requirement of 50% aggregate marks—a criterion not stipulated in the original selection process. Nine candidates who qualified under the 2001 Rules were thereby excluded. The Supreme Court held that while being on a select list grants no vested right to appointment, exclusion without finding unsuitability violates Article 14 and is arbitrary. The Court ruled that introducing fresh cut-off marks after performance disclosure breaches the recruitment rules and is impermissible. The Full Court Resolution was quashed, and the High Court was directed to recommend qualified candidates for the vacancies.

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Judicial Service Recruitment Civil Procedure Administrative Law Article 14 Exclusion from Selection Merit List

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