Delhi Higher Judicial Services selection process illegal: SC

The Supreme Court has declared as "illegal" the selection process adopted by the Delhi High Court for appointment of judges in the Delhi Higher Judicial Services. A bench of Chief Justice K G Balakrishnan and J M Panchal asserted that the High Court cannot prescribe any minimum marks for the viva voce after the selection process had already commenced. Fixation of such minimum cut off marks can be prescribed only before the selection process and not thereafter, the apex court said. "If minimum marks are not prescribed for viva voce before the commencement of selection process, the authority concerned cannot either during the selection process or after the selection process add an additional requirement or qualification that the candidate should also secure minimum marks in the interview," the apex court said. The apex court passed the ruling while upholding the appeal filed by two candidates Hemani Malhotra and Vineeta Goyal challenging the selection process conducted by the High Court. According to the aggrieved candidates the viva voce for the selection of 16 judges were conducted on February 27, 2007 after six postponements. The written exam preceding the viva voce was conducted on March 12, 2006. It was submitted by the candidates that the High Court selection committee comprising judges of the court abruptly fixed the cut off marks for the viva voce which resulted in their discqualification from the selection process.

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