21/02/2019
SC STRIKES DOWN RULE 5A (3); BPSC POSTPONES ‘MAINS’ EXAMINATIONS FOR CIVIL JUDGE SCHEDULED FOR YESTERDAY.
Bihar Public Service Commission postpones the ‘Mains’ examinations for Civil Judge (Junior Division) scheduled for yesterday, after Hon’ble Supreme Court strucks down Rule 5A (3) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955.
1. A writ petitions was filed before the Supreme Court , with respect to the examination of Civil Judge (Junior Division). Rule 5A(3) of The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 is challenged on the ground that it only provides 10% of the total number of candidates appeared, to be called for the final written examination.
2. Their main submission is that as per the decision of this court in Malik Mazhar Sultan and Anr vs. Uttar Pradesh Public Service Commission and Others, (2008) 17 SCC 703, wherein the apex court directed that vacancies have to be filled up by holding preliminary examination and then final written examination followed by viva voce.
3. Justices Arun Mishra and Navin Sinha, of Hon’ble Supreme Court while hearing the contentions opined that the aforesaid Rule 5A is in
violation to what has been laid down by this Court in Malik Mazhar Sultan case.
4. Thus, the Bench is of the opinion that the aforesaid Rule is clearly arbitrary and violates the decision of this Court in Malik Mazhar Sultan’s case on restrict competitive field unreasonably.
5. Apart from this, the Bench observes yet another glaring error in the Rule that no minimum passing marks have been prescribed in preliminary examination. While observing so, the Bench allows the present Writ Petition and states, “The ratio of 1:10 is only applicable when these number of successful candidates are available and obtaining of the minimum passing marks in preliminary examination should be necessary, out of the successful candidates available out of them in the ratio of 1:10 are required to be called for final written examination.
6. In the circumstances, as the examination was scheduled to be held on 20.02.2019 (i.e Today), the Bihar Public Service Commission has submitted that following the Supreme Court’s order, candidates equal to 10 times of the vacancies have to be called, and therefore postpones the scheduled mains examinations via an official notification.
It is stated in the said Notification that intimation regarding date of examination will be notified soon.
