Exceeding 15% viva-voce cap in judicial recruitment valid: Punjab and Haryana

The Punjab and Haryana High Court has upheld the validity of exceeding 15 per cent limit for viva voce in judicial service recruitment. The Bench referred to the distinct requirements of assessing candidates for judicial roles while passing the order.

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“The inference to be drawn is that it is valid to exceed the 15 per cent limit for viva voce as the broader purpose of evaluating candidate's suitability for judicial position requires a more nuanced approach,” the Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh asserted, while dismissing a petition challenging the recruitment process for Civil Judge (Entry Level) in Haryana.

The Bench was told that the petitioner, an aspirant for the judicial post, applied after an advertisement was issued by the Haryana Public Service Commission. Despite securing 513.50 marks out of 900 in the written examination, he was awarded only 29.75 out of 200 in the viva voce, leading to his failure to achieve the requisite 50 per cent aggregate marks. The petitioner argued that the outcome was inconsistent with his expectations despite his best efforts during the interview.

The Bench asserted that recruitment to judicial services differed from other civil posts, given the unique nature of judicial duties. “Recruitment to judicial service is not akin to recruitment to any civil post under the State or Union of India,” the Bench observed, adding that the integrity, aptitude, and character of candidates were critical.

“Emphasis upon viva voce to a little more extent than other recruitments is necessary to ensure that persons of very high level of integrity, aptitude, character, and merit adorn the judicial offices. Whether a candidate has an aptitude, inclination, and character to become a judge cannot alone be determined by a written test. Therefore, a little higher percentage of marks for viva voce than 15 per cent in recruitment to judicial offices is understandable.”

The Bench also referred to the Supreme Court's decision in the case of “Lila Dhar versus the State of Rajasthan and others” to support its reasoning that viva voce played a crucial role in assessing a candidate's suitability for judicial office, which travelled beyond academic knowledge.

“This court is also of the opinion that the petitioner entered the process of recruitment with open eyes and was well aware of the passing marks being 50 per cent aggregate of the written as well as viva voce. Therefore, it cannot be said that the petitioner was taken by surprise or the rules of the game were changed after the game had begun”, the court added.

Referring to an aspirant’s expectations in such matters, the Bench asserted it had no doubt that every candidate did his best, but that alone could not be a “good reason” to interfere if a candidate failed to secure marks as per his or her expectations.

“Moreover, in matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this court under Article 226 of the Constitution of India,” the Bench asserted.