As per case facts, unsuccessful candidates for Reader posts challenged the recruitment notice's minimum cut-off marks (35 percent in each paper/subject and 40 percent aggregate) and the final result. They ...
CWP-28536
IN THE HIGH COURT OF PUNJAB AND HARYANA
Vinod Kumar and others
Punjab and Haryana High Court, Chandigarh and others
CORAM:
Present:
KULDEEP TIWARI
1.
candidates in the recruitment
approached this Court by way of
226 of the Constitution of India,
35% marks in each paper/subject and 40% in aggregate to qualify for
next step
notice dated 04.12.2024 (Annexure P
01.09.2025
for, commanding respondent No.1
Committee to conduct
proper record of questions asked in the interview.
28536-2025 (O&M) -1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Vinod Kumar and others
Versus
and Haryana High Court, Chandigarh and others
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Mr. Bhupinder Malik, Advocate,
for the petitioners.
Mr. Kunal Dawar, Advocate,
for respondent No.1
****
KULDEEP TIWARI, J. (Oral)
The petitioners, who were amongst
candidates in the recruitment process initiated by respondent No.1, have
approached this Court by way of instant writ petition,
226 of the Constitution of India, challengin
35% marks in each paper/subject and 40% in aggregate to qualify for
step of examination/appointment’ as specified
notice dated 04.12.2024 (Annexure P-2), and also the
01.09.2025 (Annexure P-7). Further, a writ of Mandamus is also sought
for, commanding respondent No.1, to constitute a new Selection
Committee to conduct the interviews under videography
proper record of questions asked in the interview.
1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-28536-2025 (O&M)
Date of decision: 13.10.2025
….Petitioners
and Haryana High Court, Chandigarh and others
….Respondent s
KULDEEP TIWARI
, Advocate,
Kunal Dawar, Advocate,
were amongst the unsuccessful
process initiated by respondent No.1, have
instant writ petition, filed under Article
challenging the condition of ‘securing
35% marks in each paper/subject and 40% in aggregate to qualify for the
as specified in the recruitment
2), and also the final result dated
Further, a writ of Mandamus is also sought
to constitute a new Selection
interviews under videography, and maintain
proper record of questions asked in the interview.
13.10.2025
s
unsuccessful
process initiated by respondent No.1, have
under Article
‘securing
the
in the recruitment
result dated
Further, a writ of Mandamus is also sought
to constitute a new Selection
and maintain
CWP-28536-2025 (O&M) -2-
2. The dominant ground raised in the present petition is that, no
condition of prescribing minimum cut-off marks, either in written
examinations or in interview, to qualify the subject/paper exists in the
Service Rules. However, through the impugned recruitment notice, such
an arbitrary condition was inserted. Further, incorporation of the
condition in question is in contravention of, not only the Service Rules,
but also the law settled by the Hon’ble Supreme Court in a catena of
judgments.
3. The next issue in line, is that Practical Test (Oral), Oral
Examination Shikasta reading, and Viva-voce, were not conducted in
sync with the Service Rules and the recruitment notice. Further, the
Selection Committee did not stick to the syllabus and criteria prescribed
for the said examinations.
4. Learned counsel for the petitioners, while relying upon a
decision of the Hon’ble Supreme Court in Durgacharan Misra Vs. State
of Orissa and others, 1987 (4) SCC 646, submits that minimum
qualifying marks cannot be prescribed by the selecting body, in the
absence of any such provision in the Statutory Rules. So much so, no
such rule is prescribed under the Services Rules, thereby authorizing the
High Court to incorporate the impugned condition. He further submits
that the selected candidates (private respondents) were awarded more
marks in interview, despite being lower in merit in written examination,
whereas, the toppers and exceptionally brilliant ones were granted
disproportionately less marks in the interview. Hence, they could not
succeed. By referring to some of the questions alleged to be asked during
the Viva-voce, an attempt is made to set up a plea that the questions were
either irrelevant, or not from the prescribed syllabus. He concludes by
CWP-28536-2025 (O&M) -3-
submitting that the petitioners performed exceptionally well, still they
were awarded disproportionately low marks. Accordingly, the present
writ petition deserves to the allowed.
5. On the other hand, Mr. Kunal Dawar, learned counsel
appearing for respondent No.1, submits that by virtue of relevant
Services Rules, the High Court is empowered to evolve any procedure for
conducting a competitive examination. Therefore, the plea, as raised in
this regard, is totally misconceived, and is liable to the rejected out-
rightly. He further submits that the petitioner, after participating in the
recruitment process, cannot lay challenge to the selection criteria,
particularly when the process is over. He asserts that even earlier, the
petitioners had participated in the selection process for the post in
question, with the same conditions, therefore, they cannot raise a plea of
ignorance of the conditions impugned herein. Further, for the petitioners
failed to secure minimum marks in the Practical Test (Oral), Oral
Examination Shikasta reading, and Viva-voce, they were declared
ineligible. In such circumstances, the petitioners even lack locus to put
the selection process to challenge. To lend credence to his submissions,
he refers to a decision dated 18.03.2025, rendered by a Division Bench of
this Court in CWP-17640-2021 (Rajesh Gupta Vs. Punjab and Haryana
High Court and others).
6. Taking his arguments further, he refers to the minutes of
meeting, held in context of the selection process under scrutiny, and
submits that even post publication of roll numbers of 69 candidates (in
ascending order) on the website of the High Court, who had qualified the
written examination, the result of written examinations of all the 174
candidates, was lying in a sealed cover. Therefore, it can be easily
CWP-28536-2025 (O&M) -4-
gathered that the Selection/Interview Committee was not privy to the
marks obtained by the candidates. In fact, marks of the written
examination were disclosed, only once the Selection Committee awarded
the marks of Practical Test (Oral), Oral Examination Shikasta reading,
and Viva-voce, which too were lying in a separate sealed envelope. In
this view of the matter, the allegations leveled against the Selection
Committee, without knowing the rational of the recruitment process, are
unfortunate.
7) Before embarking upon the rival submissions advanced on
behalf of the petitioners as well as respondent No.1, a brief narration of
facts, qua which there is no wrangle, shall be imperative.
8) A recruitment notice dated 04.12.2024 (Annexure P-2), was
issued by this Court, inviting applications from the eligible candidates
with respect to 15 posts of Reader, in terms of Rule 9 (i) of the High
Court Establishment (Appointment and Conditions of Services) Rules,
1973 (for short, ‘the Rules of 1973’). In response, 174 candidates,
including the petitioners and private respondents, had applied. The
written examination was slated for 09.03.2025. Eventually, 69 candidates
were declared successful in the written examinations, inclusive of the
parties herein. Thereafter, the abovesaid selected candidates were called
for Practical Test (Oral), Oral Examination Shikasta reading, and Viva-
voce, w.e.f. 25.08.025 to 28.08.2025. However, since the petitioners
could not reach the benchmark of minimum cut-off marks in the said
examinations [except petitioner No.1, as he secured 04 marks against 3.5
cut-off marks in Practical Test (Oral)], they were declared unsuccessful.
In this backdrop, the petitioners, through the instant writ petition, are
beseeching indulgence of this Court.
CWP-28536-2025 (O&M) -5-
9) Since the entire controversy revolves around Rule 9 of the
Rules of 1973, it is inevitable to have a glance on the relevant Rules.
10) To begin with, Rule 9 (i), deals with the appointment to the
post of Reader to a Judge. The consequential Sub-Rule (ii), postulates
that a list of approved candidates, for the post of Reader, will be prepared
as a result of Competitive Examination confined to the sources
mentioned in Sub-Rule (i), and the appointment shall be made, in order
of merit therefrom. Similarly, Sub-Rule (iii), empowers the Chief Justice,
from time to time, to decide the number of candidates to be brought on
the list as result of a single Competitive Examination, syllabus of which,
is also prescribed. Albiet, the provisions (supra) are unambiguous and, as
such, this Court may proceed further with the matter, but for the sake of
clarity, the same are extracted hereinbelow:-
“ 9. Reader to Judge:-
“(i) Appointment to the post of Reader to a Judge shall be
made from the following sources:-
1
9. (i)(a) From amongst the Law Graduates members of the
High Court Establishment serving in the grade not lower
than the grade of Senior Assistant or its equivalent for a
minimum period of 5 years.
2
9 (i)(b) From amongst the Law Graduates working in the
Courts of the District Judge in Punjab & Haryana and in
Subordinate Courts having five years experience in a grade
not lower than of 'B' Grade Assistant, Judgment Writer
(Senior Grade) and Judgment Writer (Junior
Grade)/Stenographer to the District Judge in the State of
Punjab and Haryana;
2
9 (i)(c) Superintendents Grade-II, Senior Assistants,
Revisors, Translators and Senior Scale Stenographers
serving in the High Court and the employees of Lower
Courts in the States of Punjab, Haryana and Chandigarh
(U.T.), working in the grade of Assistant, Judgment Writer
(Senior Grade) and Judgment Writer (Junior Grade)/
Stenographer to the District Judge, who are graduate and
have put in more than 20 years of service.
CWP-28536-2025 (O&M) -6-
9 (ii) A list of approved candidates for the post of Reader
will be prepared as a result of Competitive Examination
confined to the sources mentioned in Sub-Rule (i) of this
Rule and appointments shall be made in order of merit
therefrom;
5
9 (iii) The Chief Justice shall from time to time decide the
number of candidates to be brought on the list as result of a
single Competitive Examination. The syllabus for the
examination shall be as follows:-
No. Subject Max
Marks
3
1. Written paper relating to knowledge of law and procedure as
laid down in Civil Procedure Code, Criminal Procedure
Code, Limitation Act, Court Fees and Suits, Valuation Act
and Stamp Act together with the rules made by Government
and High Court under these Acts and High Court Rules and
Orders, Volume I, Volume III and Volume V relating to
procedure of Courts
100
2. Practical Test (Oral) regarding familiarity with records of the
High Court and lower Courts and Registers maintained in
the Judicial Department and by Readers.
10
4
3. Oral examination Shikasta reading in languages of the lower
Courts viz. Hindi and Punjabi, Special importance being
attached to the ability of candidates to read shikasta.
10
4. Viva Voce, including familiarity with law reports and other
law books.
5
Total 124
11) The term, ‘Competitive Examination’, as finds mention in
the above extracted Rules, assumes significances, which is elaborated in
Rule 2 of the Rules of 1973:-
"Competitive Examination" means the examination in
such papers, such other practical tests like typing stenography
etc. and such viva voca
test or other tests as may be prescribed
by the Chief Justice from time to time for different posts.”
12) The term ‘Competitive Examination’ enshrines that under
the authority of the Chief Justice, for the purpose of selection to various
posts on the establishment of this High Court, a written examination is
conducted in accordance with the prescribed procedure, or as may be
prescribed by the Chief Justice, from time to time. Meaning thereby, the
CWP-28536-2025 (O&M) -7-
Chief Justice of the High Court is empowered to carve out a selection
process for recruiting meritorious candidates, for the post in question.
Further, a conjoint reading of the Rules (ibid), articulates that
prescription of minimum cut-off marks cannot be considered beyond the
scope of the Service Rules. Instead, it is within the realm of the Chief
Justice to adopt the procedures, which are rationale, to achieve the
desired object, i.e. to select suitable and meritorious candidates.
13) The issue, which is being deliberated upon, is no more res-
integra, as the law, in this regard, has already been settled by the Hon’ble
Supreme Court in Dr. Kavita Kamboj Vs. High Court of Punjab and
Haryana and others (2024) 7 SCC 103, wherein, the stipulation
requiring minimum qualifying marks has been held to be consistent with
the mandate of Service Rules:-
“65. In numerous decisions, this Court has emphasized
the importance of the control which is wielded by the High Court
over the District Judiciary. Undoubtedly, it is equally well-
settled that when the Rules under Article 309 hold the field, these
Rules have to be implemented. Where specific provisions are
made in the Rules framed under Article 309, it would not be open
to the High Court to issue administrative directions either in the
form of the Full Court Resolution or otherwise, that are at
inconsistent with the mandate of the Rules. On the other hand, in
cases such as the one at hand, where the Rules were silent, it is
open to the High Court to issue a Full Court Resolution.”
14) Similarly, in K.H. Siraj Vs. High Court of Kerala and
others, (2006) 6 SCC 395, the Hon’ble Supreme Court has held that
merit of a candidate and his suitability is always assessed with his
performance at the examination. Further, prescription of minimum pass
marks for the written or oral examinations, in any manner, cannot be
considered as irrational or not having any nexus to the object sought to be
CWP-28536-2025 (O&M) -8-
achieved. While scrutinizing the scope of Rule 7 of the Kerala Judicial
Service Rules, 1991, the Hon’ble Supreme Court has held that when a
high powered constitutional authority is bestowed with the power to
evolve a procedure for conducting a competitive examination, which is
germane and best suited to achieve the object, and it has evolved the
same, it is not feasible to scuttle the said procedure, declaring the same as
beyond its powers. The relevant observations appertaining to the context
in issue, read as thus:-
“49. So far as the first submission is concerned, we have
already extracted Rule 7 in paragraph supra. Rule 7 has to be
read in this background and High Court’s power conferred
under Rule 7 has to be adjudged on this basis. The said Rule
requires the High Court firstly to hold examinations written and
oral. Secondly the mandate is to prepare a select list of
candidates suitable for appointment as Munsif Magistrates. The
very use of the word ’suitable’ gives the nature and extent of the
power conferred upon the High Court and the duty that it has to
perform in the matter of selection of candidates. The High Court
alone knows what are the requirements of the subordinate
judiciary, what qualities the Judicial Officer should possess both
on the judicial side and on the administrative side since the
performance of duties as a Munsif or in the higher categories of
subordinate Judge, Chief Judicial Magistrate or District Judge to
which the candidates may get promoted require administrative
abilities as well. Since the High Court is the best Judge of what
should be the proper mode of selection, Rule 7 has left it to the
High Court to follow such procedure as it deems fit. The High
Court has to exercise its powers in the light of the constitutional
scheme so that the best available talent, suitable for manning the
judiciary may get selected.
50. What the High Court has done by the Notification
dated 26.3.2001 is to evolve a procedure to choose the best
available talent. It cannot for a moment be stated that
prescription of minimum pass marks for the written examination
or for the oral examination is in any manner irrelevant or not
CWP-28536-2025 (O&M) -9-
having any nexus to the object sought to be achieved. The merit
of a candidate and his suitability are always assessed with
reference to his performance at the examination and it is a well
accepted norm to adjudge the merit and suitability of any
candidate for any service, whether it be the Public Service
Commission (I.A.S., I.A.F. etc.) or any other. Therefore, the
powers conferred by Rule 7 fully justified the prescription of the
minimum eligibility condition in Rule 10 of the Notification dated
26.3.2001. The very concept of examination envisaged by Rule 7
is a concept justifying prescription of a minimum as bench mark
for passing the same. In addition, further requirements are
necessary for assessment of suitability of the candidate and that
is why power is vested in a high powered body like High Court to
evolve its own procedure as it is the best Judge in the matter. It
will not be proper in any other authority to confine the High
Court within any limits and it is, therefore, that the evolution of
the procedure has been left to the High Court itself. When a high
powered constitutional authority is left with such power and it
has evolved the procedure which is germane and best suited to
achieve the object, it is not proper to scuttle the same as beyond
its powers. Reference in this connection may be made to the
decision of this Court in 2006(1) SCC 779 wherein an action of
the Chief Justice of India was sought to be questioned before the
High Court and it was held to be improper.
xxx xxx xxx
57. The qualities which a Judicial Officer would possess
are delineated by this Court in Delhi Bar Association vs. Union
of India & Ors., (2002) 10 SCC 159. A Judicial Officer must,
apart from academic knowledge, have the capacity to
communicate his thoughts, he must be tactful, he must be
diplomatic, he must have a sense of humour, he must have the
ability to defuse situations, to control the examination of
witnesses and also lengthy irrelevant arguments and the like.
Existence of such capacities can be brought out only in an oral
interview. It is imperative that only persons with a minimum of
such capacities should be selected for the judiciary as otherwise
the standards would get diluted and substandard stuff may be
getting into the judiciary. Acceptance of the contention of the
CWP-28536-2025 (O&M) -10-
appellants/petitioners can even lead to a postulate that a
candidate who scores high in the written examination but is
totally inadequate for the job as evident from the oral interview
and gets 0 marks may still find it a place in the judiciary. It will
spell disaster to the standards to be maintained by the
subordinate judiciary. It is, therefore, the High Court has set a
bench mark for the oral interview, a bench mark which is
actually low as it requires 30% for a pass. The total marks for
the interview are only 50 out of a total of 450. The prescription
is, therefore, kept to the bare minimum and if a candidate fails to
secure even this bare minimum, it cannot be postulated that he is
suitable for the job of Munsif Magistrate, as assessed by five
experienced Judges of the High Court.”
15) A Division Bench of this Court, in Rushil Jindal Vs.
Punjab and Haryana High Court and others, (CWP-18757-2025,
decided on 22.09.2025), while following the ratio decidendi, as laid
down in Dr. Kavita Kamjob and K.H. Siraj (supra), has validated the
minimum marks qualification, as the same are incorporated in exercise of
the powers vested with High Court, envisaged under the Rules applicable
thereto. The relevant observations are extracted hereinunder:-
17. Thus, in the light of the above discussion, it is
observed that no illegality or arbitrariness could be observed in
the High Court incorporating Clause 8.4 in the impugned
notifications. There is consistent view taken by Hon’ble Apex
Court to the fact that when the Rules are silent with regard to the
manner in which the merit and suitability would be determined,
then the administrative instructions can supplement the Rules in
this regard, in order to fill up the gaps. Such instructions have a
binding force providing their subservient to the statutory
provisions. As has been held by Hon’ble the Apex Court in the
judgments referred to above, applying the same to the facts of the
present petition, undisputedly the basic procedure for direct
recruitment has been envisaged in the Superior Judicial Services
Rules of the respective States (Annexure P-3 and P-4), the High
CWP-28536-2025 (O&M) -11-
Court while issuing the main notifications, by incorporating
Clause 8.4 therein, has prescribed the syllabus and format of the
examination wherein it has been specified that candidates merely
securing 40% or more marks will be called for the viva-voce with
the rider that merely securing 40% or more marks would not
confer any right for being called for viva-voce and the discretion
has been given to the High Court to short list the candidates
equal to three times of the number of vacancies for viva-voce.
Another condition imposed therein that any candidate shall be
considered to have successfully qualified the examination unless
he shall obtain 50% marks in aggregate out of total marks fixed
for the written test and viva-voce (45% marks for the SC/BC-
A/BC-B/PwD/ESM category candidates). It is also stipulated
therein that candidates will be appointed strictly in the order of
merit (category wise) in which they are placed after the result of
written test and viva-voce.
18. It is evident that the High Court by laying down the
syllabus and format of examination, specified the scheme thereof
by inserting the impugned Clauses in the notifications, has not
done anything violative of the basic Rules but the same has been
done in exercise of its powers in the light of the Constitutional
Scheme so that the best available talent can be selected for
performance of the duties as a Member of Superior Judicial
Services and for that purpose imposition of “minimum marks
qualification” in said written examination and viva-voce does
not in any manner became irrelevant to adjudged the merit and
suitability of any candidate for such post nor the same is in
contravention of the basic Rules in any manner as has been
envisaged under the Superior Judicial Services Rules of the
respective States. Hon’ble Apex Court had categorically laid
down in K.H. Siraj’s case (supra) that it is clearly open for the
High Court to prescribe bench marks for the written test and oral
test in order to achieve the purpose of getting the best available
talent and there is nothing in the Rules barring such a procedure
from being adopted. It is further been observed therein that the
executive instructions can always supplement the Rules which
may not deal with every aspect of a matter and for this purpose,
it was always upon to the High Court to supplement Rules with a
CWP-28536-2025 (O&M) -12-
view to effectively implement the same by prescribing relevant
standards in the advertisement for selection. Similar view has
been endorsed by the Hon’ble Apex Court in Dr. Kavita
Kamboj’s case (supra).”
16) A similar has been expressed in Rajesh Gupta (supra),
wherein the issue for consideration was substantially alike:-
“The ratio decidendi of the above case-law unequivocally
reflects that where the Rules framed under Article 309 of the
Constitution are silent, as regards the manner in which the merit
and suitability would be determined, administrative instructions
can well supplement the Rules in that regard. Such an eventuality
should not be one where the Rules have made a specific
provision in which event the administrative instructions cannot
transgress a Rule which has been made in pursuance of the
power conferred under Article 309 of the Constitution of India.
In other words, the appropriate concerned authority cannot
amend or supersede a statutory Rule by administrative actions.
However, it is open to it, to issue required instructions, to fill up
the gaps and supplement the Rules, where they are silent on any
particular point. Such instructions have a binding force provided
they are subservient to the statutory provision and are not in
violation thereof. It is, therefore, a jurisprudential canon that
where the principal statutory provision(s) and the extant
regulatory framework governing the selection process are silent
on a particular aspect thereof, the High Court, in the exercise of
its administrative authority as the appointing body, is imbued
with the inherent power to supplement such deficiencies. In the
absence of express legislative prescription, it is within the High
Court’s prerogative to fill the interstices of the law, by
formulating necessary rules and modalities governing the
conduct of examinations, the methodology for adjudging merit,
and the criteria for assessing suitability, thereby ensuring
integrity, fairness, and efficacy of the selection process. It thus
cannot be said that in the absence of any explicit provision in the
extant legal framework necessitating a minimum qualifying
threshold, the introduction of such a criterion by an
CWP-28536-2025 (O&M) -13-
administrative fiat amounts to a transgression of fundamental
tenet(s) of jurisprudence, namely, that the selection bodies
cannot engraft additional conditions that are neither
contemplated nor envisaged by the extant rules.
Reverting to the factual matrix of the lis in hand;
2007 Rules, when scrutinized in the backdrop of Article 309 of
the Constitution, manifest that current situation is not the one
wherein the principal statutory provision(s) or extant
regulation(s) has expressly stipulated a specific mandate thereby
rendering Clause 15 repugnant to or in derogation thereof or
any other overarching Constitutional or statutory framework.
On the contrary, no explicit proscription emanates from these
foundational provisions that would render the requirement
prescribed therein ultra vires or in transgression of the
governing legal regime. The expression “may further hold
written examination and viva voce test for recruitment” as
employed in Rule 7 of the 2007 Rules, confers upon the High
Court an implied and inherent authority to regulate & prescribe
the modalities governing the selection process. This plenary
discretion encompasses the power to determine the mode and
manner of conducting examinations, including the prerogative to
stipulate minimum qualifying marks, should it deem such a
prescription necessary to uphold the standards of merit and
suitability. The phrase, by its very tenor, signifies a broad and
enabling mandate, vesting the High Court, with the latitude to
devise and implement measures that ensure integrity, fairness,
and efficacy of the recruitment process, in consonance with the
overarching constitutional and statutory framework.
It is thus indubitable that the criteria for securing
minimum marks in the aggregate, out of the total marks fixed for
the written test and the viva-voce, do not proscribe any lawful
mandate. Ergo, the challenge made by the petitioner on this
account deserves to meet failure.
xx xx xx xx
The ratio decidendi of this judgment reflects that, in case
of appointment to judiciary, the prescription of minimum marks
CWP-28536-2025 (O&M) -14-
in viva voce is in tandem with the tenets of law. The dicta would
apply mutatis mutandis to a condition prescribing minimum
qualifying marks in the written exam as also to aggregate of the
written exam and the viva voce. There is no gainsaying that it
may be necessary in view of the fact that it is imperative that only
persons with a prescribed minimum of said qualities/capacities
should be selected, as otherwise the standard of judiciary would
get diluted and sub-standard candidates may get selected. It falls
squarely within the prerogative of the selecting authority to
stipulate criteria that ensures the recruitment of candidates of the
highest caliber, particularly for a post of significant judicial
responsibility since the power to determine the essential
qualifications for a given position is an intrinsic attribute of the
selecting authority. Interview may also be the best mode and
most efficacious way for assessing the suitability of a candidate
for a particular position, as it brings out overall intellectual
qualities of the candidates and judicial temperament that they
possess. While the written test will testify the candidate’s
academic knowledge, the oral test can bring out or disclose
overall intellectual and personal qualities like alertness,
resourcefulness, dependability, capacity for discussion, ability to
take decisions, qualities of leadership etc. which are also
essential for a Judicial officer. It is thus ineluctable that a
condition, as is contained in Clause 15, is permissible for
adjudging the qualities and capacities of the candidate seeking
an appointment to judiciary. Thus, the challenge made by the
petitioner in instant writ petition on this account, deserves to be
rejected.”
17) As this Court, while referring to the definition of term,
‘Competitive Examinations’ has already contemplated that it is well
within the domain of the Chief Justice to inculcate the criteria of
minimum cut-off marks, for conducting examinations, in order to select
suitable and meritorious candidates for the institutions. Hence, the
argument advanced on this issue carries no weight, and is dispelled. At
CWP-28536-2025 (O&M) -15-
this juncture, it is pertinent to look at the marks secured by the
petitioners, as supplied by learned counsel for respondent No.1 in a
tabulated form, during the course of hearing:-
S.
no.
Roll
No.
Name of
candidate
Written
examination
(maximum
marks=100)
Practical
test (oral)
(maximum
marks=10)
Oral
shikasta
reading
(maximum
marks=10)
Viva voce
maximum
marks =5
Grand
total
1. 373 Petitioner
no.1
Vinod
Kumar
56 4 2 1 63
2. 250 Petitioner
no.2
Gautam
Makkar
53 3 2 1 59
3. 228 Petitioner
no.3
Balkar
Singh
51 3 2 1 57
4. 275 Petitioner
no.4
Krishan
Kumar
48 2 2 1 53
18) This gives rise to a crucial issue, ‘as to whether, the
candidates (petitioners), having remained unsuccessful in the selection
process, possess the right to assail the condition/qualifications thereof.
19) Indisputably, the petitioners participated in the selection
process till its conclusion. Since inception, they were aware of the criteria
of minimum cut-off marks. They qualified the written examinations,
accepting the condition in question, but when they were declared fail,
being not able to secure the minimum cut-off marks, they felt aggrieved.
At this juncture, this Court is reminded to point out, as argued by learned
counsel for respondent No.1, that earlier also, the petitioners had
participated in the selection process for the post of Reader, with similar
conditions embodied in the recruitment notice. Suffice it to say, even
being acquiesced to the terms of the advertisement, they had subjected
themselves to the prescribed criteria, therefore, they are estopped in law
CWP-28536-2025 (O&M) -16-
from challenging the criteria, as referred to above. To conclude this, I
find vigor from the ratio of judgment in Rajesh Gupta (supra)
:-
“Re: An unsuccessful candidate’s right to challenge
conditions/qualifications of a selection process after
having voluntarily participated therein.
9. The factual matrix of the case in hand reflects that the
advertisement in question was issued on 16.07.2015, examination
was conducted thereafter and provisional result of the written
examination was declared on 31.07.2017, the viva-voce was
conducted on 27.09.2017, the final result was declared on
16.08.2018 and the names of the selected candidate came to be
recommended vide the impugned appointment order dated
21.12.2018.This factual backdrop unequivocally reflects that the
petitioner had chosen to voluntarily participate in the selection
process.
At this juncture, it would be apposite to refer
herein to a judgment passed by the Hon’ble Supreme Court titled
as Tajvir Singh Sodi and others vs. The State of Jammu and
Kashmir and others 2023(3) SCR 714, relevant whereof reads
as under:
“13.1 It is therefore trite that candidates,
having taken part in the selection process without
any demur or protest, cannot challenge the same
after having been declared unsuccessful. The
candidates cannot approbate and reprobate at the
same time. In other words, simply because the
result of the selection process is not palatable to a
candidate, he cannot allege that the process of
interview was unfair or that there was some lacuna
in the process. Therefore, we find that the writ
petitioners in these cases, could not have
questioned before a Court of law, the rationale
behind recasting the selection criteria, as they
willingly took part in the selection process even
after the criteria had been so recast. Their
candidature was not withdrawn in light of the
CWP-28536-2025 (O&M) -17-
amended criteria. A challenge was thrown against
the same only after they had been declared
unsuccessful in the selection process, at which
stage, the challenge ought not to have been
entertained in light of the principle of waiver and
acquiescence.”
Indubitably, it is an ineluctable legal principle that once a
candidate has voluntarily applied for and participated in a
selection process, he is interdicted from subsequently
challenging its legality or fairness of the process, based on the
doctrine of estoppel. This principle operates to prevent a party
from approbating and reprobating at the same time viz.; one
cannot accept the benefits of a process while simultaneously
disputing its validity. Such conduct would be contradictory and
inconsistent, akin to blowing hot and cold simultaneously,
undermining the integrity of the process and the principles of
fairness that govern administrative procedures. The doctrine of
estoppel by election is one among the species of estoppel, which
essentially is a rule of equity. By this law, a person may be
precluded, by way of his actions, or conduct, or silence when it is
his duty to speak for asserting a right which he would have
otherwise had. The law is thus stated in Halsbury’s Laws of
England, Vol.XIII, p.464, para 5412, reads thus:
“On the principle that a person may not approbate
and reprobate, a species of estoppel has arisen
which seems to be intermediate between estoppel
by record and estoppel in pais, and may
conveniently be referred to here. Thus a party
cannot, after taking advantage under an order (e.g.
payment of costs), be heard to say that it is invalid
and ask to set it aside, or to set up to the prejudice
of persons who have relied upon it a case
inconsistent with that upon which it was founded;
nor will he be allowed to go behind an order made
in ignorance of the true facts to the prejudice of
third parties who have acted on it.”
Ergo; having voluntarily participated in the
CWP-28536-2025 (O&M) -18-
selection process with Clause 15 of the Advertisement in question
being clearly in vogue and not raising any demur or protest to
veracity thereof; the petitioner is precluded from disputing its
fairness or legality, at this stage, by way of the writ petition in
hand simply because the result of the selection process is not
palatable to him. To put it differently, a challenge has been
raised against the selection criteria only after the petitioner
found himself unsuccessful in the selection process. The
petitioner, in the factual matrix of the case in hand, having
acquiesced to the terms of the advertisement and having
subjected himself to the prescribed criteria, is estopped in law
from challenging the requirement of minimum qualifying marks
merely as an expedient recourse to secure a second opportunity
at appointment. Such a challenge, post facto, is not only
untenable but also reeks of an afterthought, at the end of the
petitioner, aimed at circumventing the due process of selection.
The writ petition in hand, thus, deserves dismissal on the score of
the petitioner’s challenge not being entertainable in the light of
principle of waiver and acquiescence”
20) Therefore, on this account also, the instant petition deserves
to fail.
21) As a sequel of the position, as sketched out above, the issue
of locus standi of the petitioners to file the instant writ petition is equally
important to be considered.
22) As already detailed out above, the petitioners failed to
secure the prescribed minimum marks, and thus, were held ineligible for
appointment. In this way, it is emphatically observed that the candidate,
who stood disqualified for not being able to secure the minimum cut-off
marks, ought to be precluded from challenging the selection process. In
Rajesh Gupta’s case (supra)
, it was held that since the petitioner therein
failed to get minimum qualified marks, he lacked locus to challenge the
CWP-28536-2025 (O&M) -19-
selection process:-
“In such circumstances, the doctrine of locus standi
assumes paramount importance. The litigant must first establish
his legal standing to maintain such a challenge, for the
invocation of certiorari and mandamus is not an exercise open to
all and sundry, but a privilege contingent upon demonstrable
eligibility and entitlement. Where a litigant is himself bereft of
the requisite qualifications, he is correspondingly bereft of the
locus necessary to call into question the selection process or the
resultant appointments through certiorari or to seek mandamus
in his own favour. The law does not lend itself to be wielded as
an instrument of subterfuge by one who, by his own ineligibility,
stands disentitled to the very relief he seeks. It is a well-settled
tenet of our jurisprudence that one who has failed to surmount
the threshold of eligibility cannot, in the same breath, seek to
vitiate the appointment of those who have lawfully succeeded,
nor can he aspire to don the mantle of an office through the
indirect means of judicial intervention. The courts, acting in their
extraordinary writ jurisdiction, do not permit the misuse of
constitutional remedies as a stratagem to achieve what the law
has expressly denied. To entertain such a claim would be to set at
naught the sanctity of the selection process and to extend a
remedy where none is warranted in law.
A litigant who lacks the foundational eligibility for
appointment stands wholly disqualified from challenging the
selection and appointment of others, particularly under the
pretended invocation of quo warranto. The attempt to entwine
quo warranto with certiorari and mandamus in pursuit of
personal redress is not merely legally untenable but
jurisprudentially perverse. The extraordinary jurisdiction of the
court is a sanctuary for the enforcement of legal rights, not a
forum for the redress of disqualified aspirations. The law, in its
wisdom, does not grant standing to those who seek to accomplish
by litigation what they could not secure by merit. To hold
otherwise would be to subvert the very principles of fairness,
legality, and due process that the writ jurisdiction exists to
uphold.”
23) On the issue (supra), the view taken by the Hon’ble Supreme
CWP-28536-2025 (O&M) -20-
Court in K.H. Siraj,
is as under:-
“73. The appellants/petitioners having participated in the
interview in this background, it is not open to the
appellants/petitioners to turn round thereafter when they failed
at the interview and contend that the provision of a minimum
mark for the interview was not proper. It was so held by this
Court in paragraph 9 of Madan Lal & Ors. Vs. State of J & K
& Ors. , (1995) 3 SCC 486 as under:
"9. Before dealing with this contention, we must keep in
view the salient fact that the petitioners as well as the
contesting successful candidates being respondents
concerned herein, were all found eligible in the light of
marks obtained in the written test, to be eligible to be
called for oral interview. Up to this stage there is no
dispute between the parties. The Petitioners also appeared
at the oral interview conducted by the Members
concerned of the Commission who interviewed the
petitions as well as the contesting respondents concerned.
Thus the petitioners took a chance to get themselves
selected at the said oral interview. Only because they did
not find themselves to have emerged successful as a result
of their combined performance both at written test and
oral interview, they have filed this petition. It is now well
settled that if a candidate takes a calculated chance and
appears at the interview, then, only because the result of
the interview is not palatable to him, he cannot turn round
and subsequently contend that the process of interview
was unfair or the Selection Committee was not properly
constituted. In the case of Om Prakash Shukla vs. Akhilesh
Kumar Shukla, 1986 suppl SCC 285, it has been clearly
laid down by a Bench of three learned Judges of this
Court that when the petitioner appeared at the
examination without protest and when he found that he
would not succeed in examination he filed a petition
challenging the said examination, the High Court should
not have granted any relief to such a petitioner.”
CWP-28536-2025 (O&M) -21-
24) In conspectus of the above discussion, this Court is of the
affirmed view that the petitioners have failed on all the aspects, and thus,
the petition cannot succeed.
25) This Court also deems it apt to record that a post of Reader
to a Judge performs a significant supporting role in judicial dispensation
system. Some of the duties performed by the Reader, on a day to day
basis, are: to diligently call the cases listed daily, including announcing
name of the Advocates: to assist the Judge, whenever required. Further, a
Reader also assists the Judge in locating the relevant documents and
exhibits from the bulky files, including the lower court records. Not only
that, he is also responsible for proper circulation of files, and to keep the
relevant documents, including relevant judgments, handy, besides
ensuring that the orders are duly signed. In nutshell, he acts like a bridge
between the Court and other branches of High Court as regards judicial
work.
26) Adverting to the core issues: the Selection Committee,
which consists of Judges, is headed by a Senior Judge of the High Court,
is well aware of the requirements of the post. So to say, they are the best
authorities to adjudge the suitability of the candidates, and are always
under the scanner to select the best available talent for the welfare of the
institution. Therefore, this Court, only on the basis of bald aspersions
raised by the petitioners, who remained unsuccessful in securing the
appointment, cannot hold the Practical Test (Oral), Oral Examination
Shikasta reading, and Viva-voce invalid, as the same were conducted in
consonance with the Rules applicable thereto.
27) While recapitulating the position canvassed in the foregoing
paragraphs, it merits mention that, had the petitioners been appointed,
CWP-28536-2025 (O&M) -22-
they would not have approached this Court. Not only that, till the time
they were passing through the examinations, i.e. written examination,
they were quite satisfied with the terms and conditions of the selection
process. As demonstrated above, ever earlier, the petitioners participated
in the selection process for the same post, with alike stipulations, but did
not raise any question. In this view of the matter, this Court is of the
affirmed view that the instant petition is a speculative, and therefore, is
liable to be dismissed.
28) In summa, the writ petition, being devoid of any merits, is
dismissed.
29) Pending application(s), if any, shall also stand disposed of.
(
KULDEEP TIWARI)
JUDGE
13.10.2025
Ak Sharma
Whether speaking/reasoned Yes
Whether reportable Yes/No
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