Punjab and Haryana HC upholds 50% marks cut-off for filling superior judiciary posts
The court said that the selection process on identical grounds was also challenged earlier and was dismissed by the high court. The matter was dismissed by the apex court in October 2024.
The Punjab and Haryana high court has dismissed a plea challenging the 50% marks criterion for appointment to superior judicial service in Punjab and Haryana.
The high court bench of justice Sheel Nagu and justice Sanjiv Berry observed that by laying down the syllabus, format of examination, and conditions with regard to marks are not violative of the basic rules, but the same has been done so that the best available talent can be selected for the performance of the duties as a member of the superior judicial services.
It dismissed a plea from one, Rushil Jindal, who had challenged the criterion of securing 50% marks for appointment as an additional sessions judge in Punjab, arguing that the criterion was arbitrary and not sustainable in the eyes of the law.
The examination for superior judicial services in two states had a minimum requirement of 40% marks out of a total of 750 marks in the written examination to be called for viva-voce. Further, to be considered for appointment, a candidate must secure 50% of the total 1,000 marks in the written test and viva-voce combined.
The court said that the selection process on identical grounds was also challenged earlier and was dismissed by the high court. The matter was dismissed by the apex court in October 2024.
“It is open to the high court to prescribe the criteria, including cut of marks and ‘minimum marks qualification’, to assess the merit and suitability of the candidates to be appointed in the superior judicial services to perform the sacrosanct duties of a judicial officer,” it said, dismissing the plea.
