The Punjab and Haryana High Court recently refused to come to the rescue of a candidate who failed the Haryana Civil Service (Judicial Branch) Examination 2023-24 by 6.75 marks [Bhuvan Goel vs Punjab and Haryana High Court and another]..The candidate Bhuvan Goel secured 543.25 (49.38 per cent) out of the total 1,100 marks in the Written Examination and Viva-Voce. He was required to secure at least 550 marks (50 per cent) to be eligible to be recruited as a civil judge/ judicial magistrate. He then moved the Court, stating that despite having secured 513.50 marks out of 900 marks in the written (main) examination, he was awarded only 29.75 marks out of 200 marks in viva-voce. .The Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh observed that judicial service candidates cannot be assessed by a written test alone and that the viva-voce was important.It added that recruitment to judicial services is not like recruitment to civil posts under the government..The unique nature of the duties and powers attached to a judicial office compels the recruiting agency to adopt a mode of selection which is understandably distinct, it further said.“Emphasis upon viva-voce to a little more extent than other recruitments, is necessary to ensure, that persons of very high level of integrity, aptitude, character and merit, adorn the judicial offices. Whether a candidate has an aptitude, inclination and character to become a judge, cannot alone be determined by written test,” the Court observed.The Court also said that the candidate was aware about the rules, including how many marks he had to get to be successful.“The petitioner entered the process of recruitment with open eyes and was well aware of the passing marks being 50 per cent aggregate of the written as well as viva-voce and, therefore, it cannot be said that the petitioner was taken by surprise or the rules of the game were changed after the game had begun. Thus, the principle of estoppel shall operate against an unsuccessful candidate," it observed. .Further, the Court acknowledged that every candidate does his best. But that alone cannot be a good reason to interfere if a candidate fails to secure marks in line with his or her expectations, it added.“It was only because the petitioner secured 29.75 marks out of 200 marks in the viva-voce that relegated him below the 50 percent aggregate marks and, therefore, this Court is afraid that the petitioner cannot be helped,” the Court said..Consequently, the Court dismissed the plea..Advocate Nayandeep Rana represented the petitioner.Senior Advocate Sanjeev Sharma and Advocate Shubreet Kaur Saron represented the High Court.Advocate Balvinder Sangwan represented the Haryana Public Service Commission..[Read Judgment]
The Punjab and Haryana High Court recently refused to come to the rescue of a candidate who failed the Haryana Civil Service (Judicial Branch) Examination 2023-24 by 6.75 marks [Bhuvan Goel vs Punjab and Haryana High Court and another]..The candidate Bhuvan Goel secured 543.25 (49.38 per cent) out of the total 1,100 marks in the Written Examination and Viva-Voce. He was required to secure at least 550 marks (50 per cent) to be eligible to be recruited as a civil judge/ judicial magistrate. He then moved the Court, stating that despite having secured 513.50 marks out of 900 marks in the written (main) examination, he was awarded only 29.75 marks out of 200 marks in viva-voce. .The Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh observed that judicial service candidates cannot be assessed by a written test alone and that the viva-voce was important.It added that recruitment to judicial services is not like recruitment to civil posts under the government..The unique nature of the duties and powers attached to a judicial office compels the recruiting agency to adopt a mode of selection which is understandably distinct, it further said.“Emphasis upon viva-voce to a little more extent than other recruitments, is necessary to ensure, that persons of very high level of integrity, aptitude, character and merit, adorn the judicial offices. Whether a candidate has an aptitude, inclination and character to become a judge, cannot alone be determined by written test,” the Court observed.The Court also said that the candidate was aware about the rules, including how many marks he had to get to be successful.“The petitioner entered the process of recruitment with open eyes and was well aware of the passing marks being 50 per cent aggregate of the written as well as viva-voce and, therefore, it cannot be said that the petitioner was taken by surprise or the rules of the game were changed after the game had begun. Thus, the principle of estoppel shall operate against an unsuccessful candidate," it observed. .Further, the Court acknowledged that every candidate does his best. But that alone cannot be a good reason to interfere if a candidate fails to secure marks in line with his or her expectations, it added.“It was only because the petitioner secured 29.75 marks out of 200 marks in the viva-voce that relegated him below the 50 percent aggregate marks and, therefore, this Court is afraid that the petitioner cannot be helped,” the Court said..Consequently, the Court dismissed the plea..Advocate Nayandeep Rana represented the petitioner.Senior Advocate Sanjeev Sharma and Advocate Shubreet Kaur Saron represented the High Court.Advocate Balvinder Sangwan represented the Haryana Public Service Commission..[Read Judgment]
