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Writ petitions filed by P Murali Mohana Reddy who had appeared in the exams conducted for the absorption of working/former Fast Track Court District Judges into regular cadre of Additional District Judges was decided by the Apex Court on 25th January 2019.
The decision of the selection committee declaring the candidates not eligible because of not securing minimum qualifying marks in viva voce or aggregate qualifying marks in written and viva voce was declared illegal and arbitrary by the High Court of Hyderabad. The High Court of Hyderabad bench in its decision on 25th March 2015 also directed for their appointment as they have qualified in the written test and have also taken viva voce test. Also declaring minimum qualifying marks in the viva voce test cannot be laid down after the written test is over was observed by the court.
The Supreme Court has observed that appointments to the post of judicial officers are to be made in terms of stipulations contained in the advertisement and such stipulations can only be changed in terms of statutory Rules.
The Supreme Court while appreciating the decision of the Hyderabad HC said the court had rightly pointed out that no such minimum qualifying marks can be decided after the written tests & interviews are over.
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