Criterion cannot change after examination, HC rules

The Bombay High Court has granted relief to several aspirants to judges' posts at junior level by ruling that Maharashtra Public Service Commission (MPSC) could not have changed criterion of short-listing after the examination.

The court ordered MPSC to call all those getting 50 per cent or more marks in the September 2007 examination for judges' posts for the final interview.

The written examination for 325 posts of 'judicial magistrate first class' and 'civil judge junior division' was held in September 2007. It was to be followed by an interview.

Some 165 candidates got calls for the interview. Some of those who did not make it realised that they had been declared failed despite getting 50 per cent or more marks in the written test. Their result sheets said that they failed for not getting 50 per cent in individual subject(s).

This rule - requiring 50 per cent in each subject, and not just aggregate - was not a part of the rules under Maharashtra Judicial Service Rules. So, Dipti Kolapkar and a few other candidates moved the HC.

The division bench of Chief Justice Swatanter Kumar held that introducing the rule requiring 50 marks in individual subject was introduced 'midway'.

MPSC's defence was that the rule was recommended by the Shetty Commission on judicial reforms, and better candidates could have been selected due to it. But the HC held that when the examination was held, only the 2003 Judicial Service Rules were in force, so MPSC could not have brought in new rules for the purpose of 2007 examination.

Court, therefore, last week asked MPSC to call all the candidates who have got aggregate 50 per cent marks for the final interview.