Chennai
The first bench comprising Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu held that there was no illegality in prescribing minimum marks for viva-voce to clear the three-tier examination for the post of district judge, and dismissed writ petitions filed in 2021 by two candidates, Lawrence and Sundari, who failed to secure the minimum marks. The petitioners wanted a direction to quash the notification dated December 12, 2019, for filling up the district judges (entry-level).
“We do not find any illegality in prescribing minimum marks for pass in the viva-voice while issuing the notification, as it is not otherwise hit by the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007, rather Rules of 2007 for the post of district judge (Entry Level) are silent on that aspect and are otherwise not imposing any bar in the prescription of minimum marks for a pass in the viva-voce,” the judges held.
The petitioners submitted that the notification was against Rules 2007, which bars minimum marks to be obtained in the viva-voce. Yet the respondents not only introduced minimum marks for viva-voce but declared the petitioners unsuccessful due to their failure to secure the prescribed minimum.
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