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Rule 5A of the Bihar Civil Service (Judicial Branch)(Recruitment) Rules 1995 struck down by Supreme Court

Team SoOLEGAL 21 Feb 2019 2:29pm

Rule 5A of the Bihar Civil Service (Judicial Branch)(Recruitment) Rules 1995 struck down by Supreme Court

As per Rule 5A of the Bihar Civil Service (Judicial Branch)(Recruitment) Rules 1995, only 10% of the candidates appearing for preliminary examination will be selected for mains.

Recently, Supreme Court struck down observed that the said rule was contradicting the Malik Mazhar Sultan v UPPSC (2008) judgment. According to the judgment, the students must be selected for mains after preliminary examination in the ratio 1:10 by advertising vacancies.

Hence, the Court struck down the Rule 5A. On the basis of Rule 5A, only 1843 candidates out of nearly 17000 contestants were called for main examination as against 349 advertised vacancies.

Another observation of the bench was that no minimum qualifying marks was prescribed for the preliminary examination. The Division Bench (Supreme Court) of Justice Arun Mishra and Naveen Sinha observed that the Rule is "clearly arbitrary" and it "violates the decision in Malik Mazhar Sultan".
The stakeholders- State of Bihar, High Court of Patna and the Bihar Public Service Commission- were directed to ensure that cut off marks are prescribed in future examinations.

However, for the already conducted examination, the Court held that it was not appropriate to fix the cut off mark at this stage.



Tagged: supremecourt   biharcivilservices  
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