– CITIZENSHIP STATUS versus THE STATE OF BIHAR & ORS.

– CITIZENSHIP STATUS versus THE STATE OF BIHAR & ORS.

Rule 5A(3), which restricted the number of candidates called for the final written examination to 10% of those who appeared, is arbitrary and violates Supreme Court directions in Malik Mazhar Sultan, and is therefore struck down. For present exam, not prescribing minimum passing marks in the preliminary test does...

Source-derived case information.

Parties
Petitioner: Rahul Dutta & Ors.; Respondent: The State of Bihar & Ors.
Jurisdiction
India
Judgment Date
14 February 2019
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Rule 5A(3) struck down; writ petitions allowed
Legal Topics
Judicial Recruitment, Reservation Policy, Arbitrariness in Rules
Constitutional Law Administrative Law Judicial Recruitment Reservation Policy Arbitrariness in Rules

Source-derived case record

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Parties

Rahul Dutta & Ors.

Petitioner

The State of Bihar & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether Rule 5A(3) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955, restricting candidates for final written examination to 10% of appeared candidates, is constitutionally valid
  2. 2 Whether fixation of minimum passing marks in the preliminary examination is necessary
  3. 3 Compliance with ratio 1:10 for calling candidates for final examination as directed in Malik Mazhar Sultan case

Ratio Decidendi

Rule 5A(3), which restricted the number of candidates called for the final written examination to 10% of those who appeared, is arbitrary and violates Supreme Court directions in Malik Mazhar Sultan, and is therefore struck down. For present exam, not prescribing minimum passing marks in the preliminary test does not render the process invalid, but must be fixed for future exams.

Court Disposition

Rule 5A(3) struck down; writ petitions allowed

Orders

  • Rule 5A(3) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 is struck down
  • Final written examination date extended; must be held within six weeks from 14.2.2019