HIGH COURT OF HYDERABAD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH, THROUGH ITS REGISTRAR GENERAL & ANR. ETC. versus P. MURALI MOHANA REDDY AND ORS. ETC.

Citation: [2019] 2 S.C.R. 409 · Decided: 25-01-2019 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

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Judgment (excerpt)

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409
HIGH COURT OF HYDERABAD FOR THE STATE OF
TELANGANA AND STATE OF ANDHRA PRADESH,
THROUGH ITS REGISTRAR GENERAL & ANR. ETC.
v.
P. MURALI MOHANA REDDY AND ORS. ETC.
(Civil Appeal Nos. 73-74 of 2019)
JANUARY 25, 2019
[A.K. SIKRI AND S. ABDUL NAZEER, JJ.]
Andhra Pradesh Judicial Service Rules, 2007 – r.6 –
Absorption of Adhoc Judges on regular basis – In Brij Mohan Lal
case, Supreme Court prescribed the  modalities and procedure for
absorption of Adhoc Judges on  regular basis – It included
qualifying test as well as viva voce test – Pursuant thereto,
appellant-High Court issued notification for the examination and
held the qualifying examination and also  conducted interviews –
All four respondents had secured the   required minimum 40%/35%
qualifying marks in the written examination – However, none of
them had secured 40%/35% marks in the viva voce – Further, none
of them had secured 40%/35% marks in combined written test and
viva voce examination – Respondents were considered not
qualified for absorption on regular basis – Writ petition by the
respondents – High Court took the view that Brij Mohan Lal case
does not mention qualifying marks in viva voce and further pointed
out that there was no stipulation for securing minimum qualifying
marks in viva voce test either as per advertisement or as per the
Rules – On appeal, held: Brij Mohan Lal case does not lay down
minimum qualifying marks for viva voce – It, however, prescribed
qualifying marks in  aggregate i.e. both for written examination
and interview combined – Insofar as Rules are concerned,
minimum qualifying marks are mentioned for written examination
only – Combined and cumulative effect of the judgment along with
Rules is that minimum qualifying marks were required for written
examination and no minimum qualifying marks were required for
interview, however, consolidated qualifying marks were required
for written  examination and interview, which was 40% for general
candidates and 35% for SC/ST/OBC candidates – In instant case,
 [2019] 2 S.C.R. 409
    409
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SUPREME COURT REPORTS
[2019] 2 S.C.R.
all the respondents obtained qualifying marks in written
examination, but none of them had secured qualifying aggregate/
consolidated percentage marks – Thus, the respondents did not
secure  consolidated qualifying marks (i.e. both in written plus
interview) as mandated by the Brij Mohan Lal case – Service Law –
Andhra Pradesh State Higher Judicial Service Special Rules for
Adhoc Appointments, 2001.
Supreme Court-Directions – Andhra Pradesh Judicial Service
Rules, 2007 – Absorption of Adhoc Judges on regular basis –
In Brij Mohan Lal  case, Supreme Court prescribed the modalities
and procedure for absorption of Adhoc Judges on regular basis –
Pursuant thereto, appellant-High Court issued notification for the
examination and held the qualifying examination and also
conducted interviews – All four respondents were considered not
qualified for absorption on regular basis – Held: The respondents
did not secure qualifying marks as per the judgment of the Supreme
Court – However, considering the marks of the candidates, two
candidates had secured 99.7 and 99.3 marks as against the required
marks of 100 – Their marks rounded off to 100, considering that
they were working as ad-hoc judges for number of years and also
that it was only a qualifying examination for the purpose of
regularisation – Therefore, these two candidates/respondents to be
treated as qualified – Insofar as other two candidates are concerned,
they had secured 40%/35% marks in written examination though
they were not able to secure required aggregate marks – However,
considering their substantial years of service and also the fact that
one of them belonged to SC category, who are supposed to secure
minimum qualifying marks of 30% in written examination as per
Rules – Thus, one more chance given to them to appear in written
examination and viva voce in accordance with mandate in Brij
Mohan Lal case – This direction given in exercise of powers
u/Art.142 of the Constitution – Service Law – Constitution of India
– Art.142 – Andhra Pradesh State Higher Judicial Service Special
Rules for Adhoc Appointments, 2001.
Disposing of the appeals, the Court
HELD: 1.  This Court is of the opinion that the judgment in
Brij Mohan Lal’s case does not lay down minimum qualifying
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marks for viva voce.  It, however, prescribes qualifying marks in
aggregate i.e. both for writt

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