What Supreme Court said on interviews for judicial service aspirants

Interviews help ensure well-rounded judicial officers who have been selected for both their intellect and personality, the Supreme Court observed recently [Abhimeet Sinha and Ors v High Court of Judicature at Patna and Ors]..A Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra stressed that a written test cannot assess the spectrum of an individual's abilities and potential, particularly those from marginalised backgrounds.Therefore, a mere apprehension of bias cannot be the sole ground to strike down rules mandating the conduct of interviews for judicial service appointments."For recruitment of judicial officers, ideally the effort should be to not only test the candidate’s intellect but also their personality. An interview unveils the essence of a candidate— their personality, passion, and potential. While the written exam measures knowledge, the interview reveals character and capability," the Bench observed..A judicial services aspirant should not be shortlisted only by their performance on paper, but based on their ability to articulate and engage as well, the Court reasoned."The capability and potential of the candidate, to preside in Court to adjudicate adversarial litigation must also be carefully assessed during the interview," the Court added.The Court went on to observe that a sensitive and neutral interview panel ensures a level-playing field for all candidates."Can we ignore the intrinsic ability of the members of the interview panel constituted by the High Court judges to separate the grain from the chaff? This Court would like to believe that the members of the interview board can provide a level-playing field during the interview process for those who come from a disadvantaged background, to assess the true merit and potential of the interviewees. The solution lies in the interviewing members being aware and sensitive to alleviate bias in the process of Interview," the Court said. .The observations were part of a May 6 judgment that upheld the minimum marks required in interviews conducted for the appointment of district judges in Bihar and Gujarat.The lead petition was filed by 46 unsuccessful candidates who wrote the judicial service examination held in Bihar in 2015. That plea highlighted that against 99 vacancies, only 9 candidates were declared successful and selected.After the written examination, 69 candidates were shortlisted for the interview and out of them, 60 were given low marks despite having performed well in the written exam, it was highlighted.Accordingly, they had sought a direction to the Patna High Court to consider appointing them after relaxing minimum marks prescribed for the interview.The plea also urged the Supreme Court to strike down a provision of the Bihar Superior Judicial (Amendment) Rules 2013 on the ground that it was contrary to the recommendation of the Justice KJ Shetty Commission.The Court, however, dismissed the petitions on Monday. .Senior Advocates Ajit Kumar Sinha, Yatinder Singh, Rameshwar Singh Malik with Advocates Shraddha Deshmukh, Pawanshree Agrawal and and Rishabh Sancheti appeared for the writ-petitioners.Advocate Gautam Narayan appeared for the Patna High Court, and Advocate Purvish Jitendra Malkan represented the Gujarat High Court..[Read judgment]

What Supreme Court said on interviews for judicial service aspirants

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