– CITIZENSHIP STATUS versus THE STATE OF BIHAR & ORS.

Citation: [2019] 3 S.C.R. 1060 · Decided: 14-02-2019 · Supreme Court of India · Bench: ARUN MISHRA, NAVIN SINHA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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1060                    SUPREME COURT REPORTS            [2019] 3 S.C.R.
RAHUL DUTTA & ORS.
v.
THE STATE OF BIHAR & ORS.
(Writ Petition (C) No. 71 of  2019)
FEBRUARY 14, 2019
[ARUN MISHRA AND NAVIN SINHA, JJ.]
Bihar Civil Service (Judicial Branch) (Recruitment) Rules,
1955:
r.5A(3) – Constitutional validity of – Challenged in writ
petition u/Art. 32 of Constitution – Held: Rule 5A(3) provides that
10% of the total number of candidates appeared in preliminary
exam are to be called for final written exam – While in Malik
Mazhar’s case it was held that declaration of result of the preliminary
written exam for calling candidates for final written exam has to be
in the ratio of 1:10 of the available vacancies to the successful
candidates – Rule 5A is in violation of what has been laid down in
Malik Mazhar’s case – Fixation of 10% of the total number
appeared candidates is otherwise also arbitrary and unreasonable
as the same substantially restricts the number of candidates to stake
their claim in the final exam – There is yet another glaring error in
the rule that no minimum passing marks have been prescribed in
preliminary exam – However, for the exam in question, it would not
be appropriate to fix the marks after the exam was over – Cut off
marks provided for the main exam are not going very low and is
reasonable, and hence the deficiency in the rule, of not prescribing
minimum passing marks in the preliminary exam, would not cause
any invalidity in the present exam – The provision contained in r.
5A(3) is struck down – In view of the fact that the State Government
has suggested amendment in the Rules and the same is pending,
other questions are not dilated upon – Under the present order,
since candidates equal to 10 times of the vacancies have to be called,
for which time is required for making arrangements, date of exam
is extended from 20.2.2019 to a date within six weeks from the date
of present judgment i.e. 14.2.2019 – Petitions are allowed.
Malik Mazhar Sultan (3) and Another v. Uttar Pradesh
Public Service Commission and Others (2008) 17 SCC
703 – relied on.
[2019] 3 S.C.R. 1060
1060
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1061
Case Law Reference
(2008) 17 SCC 703
relied on
Para 3
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
71 of 201.
[UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA]
With
W.P. (C) Nos. 92, 158, 179 of 2019.
Gopal Shankaranarayanan, Ms. Pooja Dhar, Ms. Gayatri Verma,
Ms. Aishwarya Kane, Rakesh Kumar, Sanjay Yadav, Rahul Kumar,
Bishwabandhu, Ms. Nabila Hasan, Satya Mitra, Kshatrshal Raj,
Vishal Prasad, Ms. Tanya Chaudhry, Ms. Pragtyusha Priyadarshini (for
M/s. Parekh & Co.), Navin Prakash, Keshav Mohan, Rishi K. Awasthi,
Prashant Kumar, Santosh Kumar-I, Advs. for the appearing parties.
The following Judgment of the Court was delivered :
1. Writ Petition ….(Diary No.5352/2019) is taken on Board.
2. In the writ petitions filed under Article 32 of the Constitution of
India, with respect to the examination of Civil Judge (Junior Division)
the candidates are aggrieved by action that has been taken to call 10%
of the candidates who have appeared in the preliminary examination
would qualify for the final examination.
3. Their main submission is that as per the decision of this Court
in Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service
Commission and Others, (2008) 17 SCC 703, vacancies have to be filled
up by holding preliminary examination and then final written examination
followed by viva voce.  As per the directions issued by this Court, for the
purposes of Civil Judge (Junior Division) by direct recruitment, declaration
of the result of the preliminary written examination for calling candidates
for final written examination has to be in the ratio of 1:10 of the available
vacancies to the successful candidates.
4. Rule 5A of The Bihar Civil Service (Judicial Branch)
(Recruitment) Rules, 1955 (hereinafter referred to as ‘the Rules’) has
been inserted vide Notification dated 28.12.2016, same is extracted
hereunder:-
RAHUL DUTTA & ORS. v. THE STATE OF BIHAR & ORS.
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1062                    SUPREME COURT REPORTS            [2019] 3 S.C.R.
“5A.
(1) The Commission may take a Preliminary Test in the
event of the number of eligible candidates to be admitted to the
written examination being, in its judgment, inordinately large.
(2) The Preliminary test shall comprise two papers –
Paper I of General Studies carrying 100 marks, and Paper II of
Law carrying 150 marks.  The paper

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