UMESH CHANDRA SHUKLA ETC. ETC. versus UNION OF INDIA & ORS.

UMESH CHANDRA SHUKLA ETC. ETC. versus UNION OF INDIA & ORS.

The High Court cannot add moderation marks to written papers nor prescribe additional qualifying marks for inclusion in the final select list beyond what is enumerated in the Delhi Judicial Service Rules. Any such exercise amounts to impermissible amendment of the Rules and is liable to be struck down.

Parties
Petitioner: Umesh Chandra Shukla; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 August 1985
Procedural Posture
Writ Petition (original Jurisdiction) / Final Judgment
Outcome
Petitions allowed; list quashed.
Legal Topics
Judicial Service Recruitment, Delhi Judicial Service Rules, Moderation in Competitive Examinations, Eligibility Criteria, Selection Process
Constitutional Law Administrative Law Service Law Judicial Service Recruitment Delhi Judicial Service Rules Moderation in Competitive Examinations Eligibility Criteria Selection Process

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Parties

Umesh Chandra Shukla

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (original Jurisdiction) / Final Judgment

Legal Issues

  1. 1 Whether the High Court had the power to add moderation marks to the written papers for eligibility for viva voce.
  2. 2 Whether the Selection Committee could prescribe a minimum aggregate of marks (600) for inclusion in the final select list, beyond what was prescribed in the Rules.

Ratio Decidendi

The High Court cannot add moderation marks to written papers nor prescribe additional qualifying marks for inclusion in the final select list beyond what is enumerated in the Delhi Judicial Service Rules. Any such exercise amounts to impermissible amendment of the Rules and is liable to be struck down.

Court Disposition

Petitions allowed; list quashed.

Orders

  • Fresh list to be prepared in order of merit based on aggregate marks (written + viva voce) without considering moderation marks or the additional minimum of 600 aggregate.
  • Appointing authority directed to treat the final list so prepared as the valid list under Rule 18.