djs exam petition

32
BEFORE THE HON’BLE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISIDCTION PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO. ________OF 2015 IN THE MATTER OF: Centre for Public Interest Litigation …Petitioners versus Registrar General of The High Court of Delhi …Respondent PAPER BOOK (FOR INDEX KINDLY SEE INSIDE) PRASHANT BHUSHAN: COUNSEL FOR THE PETITIONER

Upload: latest-laws-team

Post on 03-Sep-2015

553 views

Category:

Documents


1 download

DESCRIPTION

DJS candidates have alleged foul play in the conduct of the DJS 2014, in which 64 district judges from outside Delhi were failed despite quite a few having topped their respective state judicial service exam, while the relatives of sitting Delhi high court judges cleared the exam.

TRANSCRIPT

  • BEFORE THE HONBLE SUPREME COURT OF INDIA

    CIVIL ORIGINAL JURISIDCTION

    PUBLIC INTEREST LITIGATION

    WRIT PETITION (CIVIL) NO. ________OF 2015

    IN THE MATTER OF:

    Centre for Public Interest Litigation Petitioners

    versus

    Registrar General of

    The High Court of Delhi Respondent

    PAPER BOOK

    (FOR INDEX KINDLY SEE INSIDE)

    PRASHANT BHUSHAN: COUNSEL FOR THE PETITIONER

  • INDEX

    S.No. Particulars Page No.

    1. LISTING PERFORMA

    2. WRIT PETITION

    3. ANNEXURE P-1: Copy of the

    advertisement dated 18.02.2014.

    4. ANNEXURE P-2: Copy of the result of

    Main examination of DJS 2014.

    5. ANNEXURE P-3: Copy of the list of

    successful candidates of the judicial

    services of other states with their marks in

    the present Main Exam

    6. ANNEXURE P-4: Copy of the merit lists of

    successful candidates of the judicial

    services of other states

    7. ANNEXURE P-5: Copy of the list of the

    candidates who are toppers or second

    rank holders in their respective judicial

    exams of other states.

    8. ANNEXURE P-6: Copy of the

    representation dated 11.05.2015

    9. ANNEXURE P-7: Copy of the

    representation dated 14.05.2015.

    11. ANNEXURE P-8: Copy of the RTI reply

    dated 28.05.2015

    12. ANNEXURE P-9- Copy of the letter dated

    18.06.2015 written by the Union Law

    Minister

  • 13. ANNEXURE P-10: Copy of the Indian

    Express report dated 26 June 2015

    14. ANNEXURE P-11: Copy of the Economic

    Times report dated 26 June 2015

    15. Annexure P-12: Copy of the Indian

    Express report dated 30 June 2015

    16. Annexure P-13: Copy of the Indian

    Express report dated 06 July 2015

    17. ANNEXURE P-14: Copy of the Notice

    dated 27.07.2015 issued by the Registrar

    General of the High Court of Delhi

    announcing the date for holding the

    interviews on 06.08.2015.

    16. APPLICATION FOR STAY/INTERIM

    DIRECTION

    17. APPLICATION FOR EXEMPTION FROM

    FILING OFFICIALLY TRNASLATED

    COPIES OF ANNEXURES

  • SYNOPSIS AND LIST OF DATES

    That the present writ petition is being filed in public interest

    under Article 32 of the constitution. The Petitioner is

    challenging the entire selection process and evaluation method

    adopted in Main (Written) Examination of Delhi Judicial

    Service, 2014 (DJS) on the grounds of being unreasonable,

    arbitrary and hence, in violation of Article 14 of the

    Constitution. Some of the facts which indicate that the selection

    process for the DJS, 2014 has not been fair or reasonable are

    as follows:

    (i) A total 9033 students took the preliminary examination

    held on 01.07.2014 for total 80 vacancies, of which 55

    were for the General Category candidates;

    (ii) 659 students out of 9033, who were declared successful

    in preliminary examination, took the main examination

    held on 10th and 11th October, 2014;

    (iii) The result of this Main Examination was declared on 1st

    May 2015, almost 8 months after the exam was held.

    Surprisingly, only 15 students (13 from General Category

    and 2 from reserved category) have been selected for the

    interview for total 80 vacancies in the result declared on

    1st May 2015. That means a total of 98% of the students

    were failed and only 2% managed to pass.

    (iv) The ostensible explanation for selecting only 15 students,

    even though normally three times the number of seats

    notified are called for interview test, would be that no other

  • candidate could get 50% aggregate cut off marks or

    required 40% cut off in all the papers.

    (v) Furthermore what is remarkable is that at least 68

    candidates, who appeared for the Main Exam but not

    selected for the interview, are those who have already

    cleared judicial examinations of other States and most of

    them are sitting judges in their respective states.

    (vi) At least 6 candidates, who have not been selected for the

    interview, are 1st rank holders in the judicial exams of their

    respective states, and at least 3 candidates are 2nd rank

    holders in their respective judicial exams.

    (vii) At least 3 candidates, who have not been found suitable

    for the interview test in DJS, 2014, have cleared the

    judicial service exams of two different states. (Shivdan

    Choudhary- cleared Gujarat and Rajasthan and Akanksha

    Garg- cleared UP and Rajasthan, Nahid Sultana- cleared

    UP and Jharkhand)

    (viii) Apparently at least 2 candidates had been in judicial

    service since 2011 in Haryana and at the time of the exam

    they had an experience of 4 years each of sitting on the

    bench (2011 Haryana batch - Neetika Bhardwaj and Mansi

    Dhiman)

    (ix) The Petitioner has learnt, as per the representation by the

    candidates, that some of the candidates who have not been

    found fit for being called for the interview are the toppers

    and gold medalists in their respective law colleges.

  • (x) Further, it appears from the representation of the

    candidates that several candidates are LL.M. holders from

    reputed institutions like ILI (Indian Law Institute, Delhi)

    and NLS (National Law School, Bangalore) and several

    candidates are NET (National Eligibly Test) qualified law

    lecturers in esteemed law colleges like Delhi University

    Law Faculty (DU).

    (xi) The Delhi High Court on the 28th May 2015 in an RTI reply

    has admitted that no set criteria and no model answers

    were provided to the examiners.

    (xii) Moreover, the Union Law Minister has received several

    complaints in this regard and had also written to the

    Honble Chief Justice of the High Court of Delhi wherein

    he has mentioned that there were allegations that kin of

    the sitting judges of the Delhi High Court have been

    favoured in the said exam. As per the letter of the Union

    Law Minister, which is in public domain, Rank 1 and rank

    3 are children of sitting High Court judges.

    It is respectfully submitted that the results of the Main Exam of DJS,

    2014 show that there is a serious problem with the evaluation

    method of the exam, which is being conducted for selecting the

    judicial officers in Delhi, and unless this evaluation method or

    selection process for DJS is re-examined to make it more rational and

    reasonable, without compromising on merits, one of the most

    important factors responsible for huge pendency or delay in justice

    i.e. lack of sufficient number of judicial officers will not be tackled.

  • This kind of selection process will further demotivate several other

    meritorious students of good law schools from choosing judicial

    services as their career option. The students with good academic

    records would never appear in the exams having such unreasonable

    selection method and especially when they are not taking place at

    regular intervals.

    Therefore, the Petitioner is seeking quashing of the aforesaid result

    and also seeking re-evaluation of all the papers of the Main

    Examination by an independent committee of the experts preferably

    headed by some retired judge of the High Court.

    Moreover, the aforesaid selection process also illustrates the need of

    adopting uniform selection procedures for appointing judicial officers

    through an independent Judicial Service Commission. In some of the

    states like Bihar, UP, Uttarakhand, Odisha, Himachal Pradesh,

    Jharkhand, Haryana, Punjab the entire selection of lower judicial

    officers is done through their respective public service commissions.

    However, in the States like Delhi, Rajasthan, MP, Gujarat, their

    respective High Courts themselves conduct examinations and do

    final selections. In a selection system where the High Court itself

    conducts the examinations for selection of the judicial officers, the

    possibility of conflict of interest or even allegation of bias cannot be

    ruled out. In order to eliminate all chances of conflict of interest or

    allegation of bias, there must be a uniform transparent system of

    examination for selection of judicial officers through an independent

    Judicial Service Commission.

  • 18.02.2014 On 18.02.2014, after a gap of three years, an

    advertisement was issued for recruitment to 80

    vacancies of Delhi Judicial Service (DJS). Out of 80

    vacancies, 55 were for the General Category

    candidates. The exam was to be held in three parts,

    the preliminary examination, the main examination

    and the interview.

    01.06.2014 The preliminary examination was conducted on

    01.06.2014. A total 9033 students took the

    preliminary examination.

    10-11.10.14 Total 659 out of 9033 candidates who successfully

    cleared the preliminary examination appeared for the

    Main examination which was held on 10th and 11th

    October, 2014. As per the advertisement, a candidate

    was required to get 50% marks in aggregate and 40%

    in each subject in the Main Examination to be selected

    for the interview.

    01.05.2015 The result of the Main Examination was announced

    after almost 8 months on 01.05.2015 wherein only 15

    students (13 from General Category and 2 from

    reserved category) have been selected for viva voice

    test for 80 vacancies. Thus, 98% of the students who

    had cleared preliminary examination were not found

    suitable for final round. It is submitted that normally

    three times the number of seats notified are called for

  • interview test. In 2010, 120 candidates were called for

    interview for 27 seats of DJS and in 2011, 75

    candidates were selected for 23 seats. It would be

    pertinent hereto mention that at least 68 candidates,

    who appeared for the Main Exam but not selected for

    the interview, are those who have already cleared

    judicial examinations of other States and most of them

    are sitting judges in their respective states. At least 6

    candidates, who have not been selected for the

    interview, are 1st rank holders in the judicial exams of

    their respective states, and at least 3 candidates are

    2nd rank holders in their respective judicial exams. At

    least three candidates, who have not been found

    suitable for the interview test in DJS, 2014, have

    cleared the judicial service exams of two different

    states. At least 2 candidates, had been in judicial

    service since 2011 in Haryana and at the time of the

    exam had an experience of 4 years each of sitting on

    the bench. Some of the candidates who have not been

    found fit for being called for the interview are the

    toppers and gold medalists in their respective law

    colleges. Several candidates are LL.M. holders from

    reputed institutions like ILI (Indian Law Institute,

    Delhi) and NLS (NLS, Bangalore) and several

    candidates are NET (National Eligibly Test) qualified

    law lecturers in esteemed law colleges like Delhi

  • University Law Faculty (DU). Furthermore, it is crucial

    to note that the Delhi Judicial Services exam (DJS

    exam) is one in which the bare act is provided and

    most of the questions are application based.

    11.05.2015 On 11th May 2015, a representation signed by 15

    candidates in hard copy and 280 online signatures

    was submitted to Respondent No.1.

    14.05.2015 Another representation dated 14.05.2015 was sent by

    the present counsel on behalf of all the candidates

    seeking re-evaluation of all the papers of the main

    examination of DJS, 2014 by persons of unquestioned

    fairness. Till today, there is no reply to any of these

    representations and as per the announcement dated

    27.07.2015, the interviews are going to be held on

    06.08.2015 on the basis of already declared results.

    28.05.2015 The Delhi High Court in an RTI reply has admitted that

    there are no set criteria and no model answers are

    provided to the examiners.

    18.06.2015 The Union Law Minister wrote to the Honble Chief

    Justice of the High Court of Delhi wherein he has

    mentioned that there were allegations that kin of the

    sitting judges of the Delhi High Court have been

    favoured in the said exam. As per the said letter, Rank

    1 and rank 3 are the children of sitting High Court

    judges.

  • 27.07.2015 The Respondent announced the interview dates for

    06.08.2016.

    28.07.2015 Hence, the present writ petition.

  • IN THE SUPREME COURT OF INDIA

    CIVIL ORIGINAL JURISDICTION

    WRIT PETITION (CIVIL) NO. ______OF 2015

    IN THE MATTER OF:

    CENTRE FOR PUBLIC INTEREST LITIGATION

    THROUGH ITS SECRETARY

    MS. KAMINI JAISWAL

    E-77, SAKET,

    1st FLOOR

    NEW DELHI

    [email protected]

    PAN No.AAATT9641G

    9810238874 PETITIONER

    Versus

    The Registrar General of the

    High Court of Delhi

    Shershah Marg,

    New Delhi-110001 .RESPONDENT

    WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF

    INDIA

    To,

    The Honble Chief Justice of India

    And his companion judges of the Honble Supreme Court

    Most respectfully showeth:

    1. That the present writ petition is being filed in public interest

    under Article 32 of the constitution. The Petitioner herein is

    challenging the entire selection process and evaluation method

    adopted in the Main (Written) Examination of Delhi Judicial

  • Service, 2014 (DJS) on the grounds of being unreasonable,

    arbitrary and hence, in violation of Article 14 of the

    Constitution. In an examination written by 653 candidates

    only 15 students (13 from General Category and 2 from

    reserved category) have been selected for the interview for total

    80 vacancies. At least 68 candidates, who appeared for the

    Main Exam but not selected for the interview, are those who

    have already cleared judicial examinations of other States and

    most of them are sitting judges in their respective states.

    Further, many of them are apparently toppers in the judicial

    exams of their respective states or toppers and gold medalists

    in their respective law colleges. Several candidates are

    apparently LL.M. holders from reputed institutions like ILI

    (Indian Law Institute, Delhi) and NLS (National Law School,

    Bangalore) and several candidates are NET (National Eligibly

    Test) qualified law lecturers in esteemed law colleges like Delhi

    University Law Faculty (DU).

    Moreover, it was widely reported in the media that the Union

    Law Minister had received several complaints in this regard

    and had also written to the Honble Chief Justice of the High

    Court of Delhi wherein he has mentioned that there were

    allegations that kin of the sitting judges of the Delhi High Court

    have been favoured in the said exam. Now the said letter is also

    in public domain. The Petitioner is, therefore, also praying for

    constitution of an independent Judicial Service Commission

  • for conducting examinations for selection of lower judicial

    officers.

    1A. That the petitioner CPIL is a registered society (No.S-14654). It

    is a non-profit body. The petitioner society is a public interest

    organization which has been in the vanguard of the campaign

    for public probity in public life and integrity in institution. Over

    the years, it has earned a reputation and credibility for its

    initiatives in public interest litigation. Ms. Kamini Jaiswal,

    General Secretary of the organization, is authorized to file this

    petition. The requisite certificate & authority letter are filed

    along with vakalatnama. Its founder President was Late Shri

    V.M. Tarkunde and its Executive Committee consists of several

    senior Advocates including Shri F.S. Nariman, Shri Shanti

    Bhushan, Shri Anil Divan, Shri Collin Gonsalves and others.

    The Petitioner has earlier filed several important public interest

    petitions including one challenging the allotment of oil and gas

    dealership through the discretionary quota of the Minister as

    well as through the Oil Selection Board. The Petitioner had

    also challenged the transfer of developed oil fields of Panna &

    Mukta from ONGC to Reliance and Enron. The Petitioner has

    also successfully challenged the Governments decision to

    disinvest and privatise the Government Oil Companies without

    seeking Parliamentary approval. The Petitioner had also filed a

    Petition seeking comprehensive administrative guidelines for

    securing the citizens right to information. The Petitioner also

    filed several other petitions on important issues of public

  • interest like on the health hazards of consumption of Soft

    Drinks due to the chemical additives present in them.

    Recently, the Petitioner has successfully filed PILs raising the

    issue of coal scam and scam in allotment of 2 G spectrum in

    which Court monitored CBI investigation was directed by this

    Honble Court. It also successfully challenged the illegal

    appointment of Mr. P. J. Thomas as the Central Vigilance

    Commissioner.

    The Petitioner has no personal interest, or private/oblique

    motive in filling the instant petition. There is no civil, criminal,

    revenue or any litigation involving the petitioner which has or

    could have a legal nexus with the issues involved in the PIL. It

    is in public interest that the selection of the judicial officers is

    done in fair and transparent manner.

    The petitioner society has not made any representation to the

    Honble High Court since the students as well as the present

    counsel, on behalf of the students, had already approached the

    Honble High Court through their separate representations

    (Annexure P 5 & 6). Despite the said representations and also

    the letter by the Union Law Minister, the Honble High Court is

    going ahead with already declared results and has announced

    the date of interview for 06.08.2015.

    2. That most of the documents annexed with the present writ

    petition are in public domain and some of them have been

    obtained under the RTI Act.

  • Brief facts of the case:

    3. On 18.02.2014, after a gap of three years, an advertisement was

    issued for recruitment to 80 vacancies of Delhi Judicial Service

    (DJS). Out of 80 vacancies, 55 were for the General Category

    candidates. The exam was to be held in three parts, the

    preliminary examination, the main examination and the

    interview. Copy of the advertisement dated 18.02.2014 is being

    annexed hereto as Annexure P1 (from page nos. _____to _____).

    4. The preliminary examination was conducted on 01.06.2014. A

    total 9033 students took the preliminary examination.

    5. Total 659 out of 9033 candidates who successfully cleared the

    preliminary examination appeared for the Main examination

    which was held on 10th and 11th October, 2014. As per the

    advertisement, a candidate was required to get 50% marks in

    aggregate and 40% in each subject in the Main Examination to

    be selected for the interview.

    6. The result of the Main Examination was announced after almost

    8 months on 01.05.2015 wherein only 15 students (13 from

    General Category and 2 from reserved category) have been

    selected for viva voice test for 80 vacancies. Thus, 98% of the

    students were failed and only 2% were found suitable for final

    round. It is submitted that normally three times the number of

    seats notified are called for interview test. Apparently, in 2010,

    120 candidates were called for interview for 27 seats of DJS and

    in 2011, 75 candidates were selected for 23 seats. Copy of the

  • result of Main examination of DJS 2014 is being annexed hereto

    as Annexure P2 (from page nos. _____to _____).

    7. It would be pertinent hereto mention that at least 68 candidates,

    who appeared for the Main Exam but not selected for the

    interview, are those who have already cleared judicial

    examinations of other States like Uttar Pradesh, Himachal

    Pradesh, Haryana, Madhya Pradesh, Gujarat, Rajasthan,

    Orissa, Uttarakhand, Jharkhand and most of them are sitting

    judges in their respective states. Copy of the list of successful

    candidates of the judicial services of other states with their

    marks in the present Main Exam is being annexed hereto as

    Annexure P3 (from page nos. _____to _____). Copies of the

    merit lists of successful candidates of the judicial services of

    other states are annexed hereto as Annexure P4 (from page

    nos. _____to _____).

    8. As per the information available to the Petitioner, at least 6

    candidates, who have not been selected for the interview, are 1st

    rank holders in the judicial exams of their respective states, and

    at least 3 candidates are 2nd rank holders in their respective

    judicial exams. Copy of the list of the candidates who are

    toppers or second rank holders in their respective judicial

    exams of other states is annexed hereto as Annexure P5 (from

    page nos. _____to _____).

    9. Further, the Petitioner has learnt, as per the representation by

    the candidates, that at least three candidates, who have not

  • been found suitable for the interview test in DJS, 2014, have

    cleared the judicial service exams of two different states. The

    names of these three candidates with their respective states are

    Shivdan Choudhary (cleared Gujarat and Rajasthan), Akanksha

    Garg (cleared UP and Rajasthan), Nahid Sultana (cleared UP

    and Jharkhand).

    10. Apparently, at least 2 candidates, had been in judicial service

    since 2011 in Haryana and at the time of the exam - had an

    experience of 4 years each of sitting on the bench. They are

    Neetika Bhardwaj and Mansi Dhiman, both of them from the

    2011 batch of the Haryana Judicial Services.

    11. It further appears from the representation of the candidates that

    some of the candidates who have not been found fit for being

    called for the interview are the toppers and gold medalists in

    their respective law colleges. Several candidates are LL.M.

    holders from reputed institutions ILI (Indian Law Institute,

    Delhi) and NLS (National Law School, Bangalore) and several

    candidates are NET (National Eligibly Test) qualified law

    lecturers in esteemed law colleges like Delhi University Law

    Faculty (DU).

    12. On 11th May 2015, a representation signed by 15 candidates in

    hard copy and 280 online signatures candidates was submitted

    to Respondent No.1. Another representation dated 14.05.2015

    was sent by the counsel on behalf of all the candidates seeking

    re-evaluation of all the papers of the main examination of DJS,

  • 2014 by persons of unquestioned fairness. Till today, there is

    no reply to any of these representations and as per the

    announcement dated 27.07.2015, the interviews are going to be

    held on 06.08.2015 on the basis of already declared results.

    Copy of the representation dated 11.05.2015 sent by the

    students is being annexed hereto as Annexure P6 (from page

    nos. _____to _____). Copy of the representation dated

    14.05.2015 sent by the counsel is being annexed hereto as

    Annexure P7.

    14. On 28th May 2015, the Delhi High Court admitted in an RTI

    reply that there is no set criteria in checking and that no

    model answers were provided to the examiners. Copy of the

    RTI reply dated 28.05.2015 is being annexed hereto as

    Annexure P8 (from page nos. ______to ______).

    15. Further, it was widely reported in the media that the Union Law

    Minister has received several complaints in this regard and had

    also written to the Honble Chief Justice of the High Court of

    Delhi wherein he has mentioned that there were allegations that

    kin of the sitting judges of the Delhi High Court have been

    favoured in the said exam. As per the said letter, which is now

    in public domain, Rank 1 and rank 3 are children of sitting High

    Court judges. Copy of the letter dated 18.06.2015 the Union

    Law Minister written to the Honble Chief Justice of the High

    Court of Delhi is being annexed hereto as Annexure P9 (from

    page nos. ______to ______). Copy of the Indian Express report

    dated 26 June 2015 is being annexed hereto as Annexure P10

  • (from page nos. _____to ______). Copy of the Economic Times

    report dated 26 June 2015 is being annexed hereto as

    Annexure P11 (from page nos. _____to ______). Copy of the

    Indian Express report dated 30 June 2015 is being annexed

    hereto as Annexure P12 (from page nos. _____to ______). Copy

    of the Indian Express report dated 06 July 2015 is being

    annexed hereto as Annexure P13 (from page nos. _____to

    ______).

    16. The Honble High Court of Delhi announced the interview dates

    for 06.08.2016. Copy of the Notice dated 27.07.2015 issued by

    the Registrar General of the High Court of Delhi announcing the

    date for holding the interviews on 06.08.2015 is being annexed

    hereto as Annexure P14 (from page nos. _____to _____).

    17. Therefore, the Petitioner is filing the present writ petition

    seeking quashing the result of Main Exam of DJS 2014 and also

    asking for re-evaluation of all the papers of the students. The

    Petitioner has not filed any other petition raising the issue

    raised in the present writ petition in any other court of this

    country.

    17. The present writ petition is being filed on the following grounds

    amongst others:

    GROUNDS

    A. Because the evaluation method appears to be so

    unreasonable and irrational that 98% candidates which

    apparently includes toppers/gold medalist of their respective

  • law schools and other States judicial service exams could not

    clear the Main Examination. Those candidates who have

    already proved his ability and merit by performing

    exceptionally well in their respective colleges and also by

    getting selected in other judicial service exams could not be

    found suitable for even the interview test. Hence, the

    selection process or evaluation method adopted for DJS

    appears to be totally unreasonable, irrational and arbitrary,

    hence, in violation of Article 14 of the Constitution.

    B. Because the results of the Main Exam of DJS, 2014 show

    that there is a serious problem with the evaluation method of

    the exam, which is being conducted for selecting the judicial

    officers in Delhi by the High Court, and unless this evaluation

    method or selection process for DJS is re-examined to make

    it more rational and reasonable, without compromising on

    merits, one of the most important factors responsible for

    huge pendency or delay in justice i.e. lack of sufficient

    number of judicial officers will not be tackled.

    C. Because this kind of selection process will further demotivate

    several other meritorious students of good law schools from

    choosing judicial services as their career option. The

    students with good academic records would never appear in

    the exams having such unreasonable selection method and

    especially when they are not taking place at regular intervals.

    D. Because, as per the RTI reply, no set criteria in checking or

    model answers were provided to the examiners. When there

  • are no uniform criteria for checking, there is possibility that

    the selection is done on the basis of non-standardized and

    non-uniform understanding of each and every examiner.

    E. Because as per the media reports the Union Law Minister has

    also written to the Honble Chief Justice of the High Court of

    Delhi wherein he has mentioned that there were allegations

    that kin of the sitting judges of the Delhi High Court have

    been favoured in the said exam. As per the said letter, which

    is now in public domain, Rank 1 and rank 3 are children of

    sitting High Court judges and rank 9.

    F. Because this Honble Court in the case of Sanchit Bansal v.

    Joint Admission Board, (2012) 1 SCC 157 has clearly

    observed that the courts can interfere in the examination

    process if the procedure adopted is arbitrary.

    G. Because the aforesaid selection process also illustrates the

    need of adopting uniform selection procedures for appointing

    judicial officers through an independent Judicial Service

    Commission. In some of the states like Bihar, UP,

    Uttarakhand, Odisha, Himachal Pradesh, Jharkhand,

    Haryana, Punjab the entire selection of lower judicial officers

    is done through their respective public service commissions.

    However, in the States like Delhi, Rajasthan, MP, Gujarat,

    their respective High Courts themselves conduct

    examinations and do final selections. In a selection system

    where the High Court itself conducts the examinations for

    selection of the judicial officers, the possibility of conflict of

  • interest or even allegation of bias cannot be ruled out. In

    order to eliminate all likelihoods of conflict of interest or

    allegation of bias, there must be a uniform transparent

    system of examination for selection of judicial officers

    through an independent Judicial Service Commission.

    PRAYERS

    In view of the aforementioned facts and circumstances, this

    Honble Court may be pleased to pass the following orders:

    (a) Issue a writ of certiorari or any other writ or direction to

    quash the result of the Main Exam of the Delhi Judicial

    Service, 2014 declared on 01.05.2015;

    (b) Issue a writ of mandamus or any other writ or direction to

    get the re-evaluation done of all the papers of the Main Exam

    of all the students who appeared in the said examination by

    an independent expert committee preferably headed by a

    retired judge of the High Court;

    (c) Issue a writ of mandamus or any other writ or direction for

    the constitution of an independent Judicial Service

    Commission for selection of the lower judicial officers; and

    (d) Pass any other order as this Honble court may deem fit and

    proper.

    Petitioners Through

    New Delhi

    Dated (Prashant Bhushan)

    Counsel for the Petitioners

  • IN THE HONBLE SUPREME COURT OF INDIA

    CIVIL ORIGINAL JURISIDCTION

    WRIT PETITION (CIVIL) NO. ________OF 2015

    IN THE MATTER OF:

    Centre for Public Interest Litigation Petitioner

    versus

    Registrar General of

    The High Court of Delhi Respondent

    AN APPLICATION FOR STAY/INTERIM DIRECTION ON BEHALF

    OF THE PETITIONER

    To,

    The Honble Chief Justice of India

    And his companion judges of the Honble Supreme Court

    1. That the present writ petition under Article 32 is being filed in

    public interest. The Petitioner is challenging the entire selection

    process and evaluation method adopted in the Main exam in the

    DJS 2014 on the grounds of being unreasonable, arbitrary and

    hence, in violation of Article 14 of the Constitution.

    2. That the facts of the writ petition are not being mentioned here

    for the sake of brevity and the same may be considered part of

    the present Application.

  • 3. That on 11th May 2015, a representation by some of the

    candidates was submitted to Respondent No.1. Another

    representation dated 14.05.2015 was sent by the counsel on

    behalf of all the candidates seeking re-evaluation of all the

    papers of the main examination of DJS, 2014 by persons of

    unquestioned fairness. Till today, there is no reply to any of

    these representations and as per the announcement dated

    27.07.2015, the interviews are going to be held on 06.08.2015

    on the basis of already declared results. If the selection process

    of the DJS, 2014 is not stayed during the pendency of the

    present writ petition, it would cause irreparable damage to the

    un-successful candidates and the present petition would

    become infructuous.

    PRAYERS

    In view of the aforementioned facts and circumstances, during the

    pendency of the present writ petition, this Honble may be pleased

    to:

    (a) Stay the interview/viva-voce test which is going to be held on

    06.08.2015 for the Delhi Judicial Services, 2014, as announced

    vide Notice dated 27.07.2015 by the Respondent;

    (b) Get the re-evaluation done of all the papers of the Main Exam

    of all the students who appeared in the said examination by an

    independent expert committee preferably headed by a retired

    judge of the High Court and

    (c) Pass any other order as this Honble Court may deem fit and

    proper.

  • Petitioners

    Through

    New Delhi

    Dated (Prashant Bhushan)

    Counsel for the Petitioners

  • IN THE SUPREME COURT OF INDIA

    CIVIL WRIT ORIGINAL JURISDICTION

    CIVIL WRIT PETITION NO. ___________OF 2015

    IN THE MATTER OF:

    CENTRE FOR PUBLIC INTEREST LITIGATION .PETITIONER

    Versus

    REGISTRAR GENERAL, THE HIGH

    COURT OF DELHI RESPONDENTS

    AFFIDAVIT

    I, Kamini Jaiswal D/o Shri R S Jaiswal, General Secretary of the

    petitioner society, r/o E-77, 1st Floor, Saket, New Delhi -110017, do

    hereby solemnly state and affirm as under:

    1. That I am the General Secretary of the Petitioner Society in the

    abovementioned Writ Petition and being familiar with the facts

    and circumstances of the case, I am competent and authorised

    to swear this Affidavit.

    2. That I have read and understood the accompanying Synopsis

    and List of dates (from page nos. _____to ______), writ petition

    (from page nos. ______to ______), application for interim

    direction (from page nos. ______to _______) and application for

    exemption from filing officially translated copies of annexure

    and I state that the facts mentioned therein are believed to be

    true and correct to the best of my knowledge and that nothing

    material has been concealed therefrom. The annexures of the

  • writ petition are true copies/translations of their respective

    originals.

    3. The sources of the information contained in the present petition

    are notifications, advertisement issued for DJS, 2014, the

    results of different exams, representation dated 11.05.2015

    sent by the candidates, information obtained under the Right to

    Information Act, newspaper reports and the letter dated

    18.06.2015 which is in public domain.

    4. That this petition is only motivated by public interest. I affirm

    that I have no personal interest in this matter.

    5. That I have done whatsoever enquiry that was possible and I

    state that no relevant facts in my knowledge have been

    withheld.

    DEPONENT

    VERIFICATION:

    I, the above named Deponent, do hereby verify that the contents of

    the above Affidavit are true and correct to my knowledge, that no part

    of it is false and that nothing material has been concealed therefrom.

    Verified at New Delhi on this day of ________2015.

    DEPONENT

    IN THE HONBLE SUPREME COURT OF INDIA

  • CIVIL ORIGINAL JURISIDCTION

    WRIT PETITION (CIVIL) NO. ________OF 2015

    IN THE MATTER OF:

    Centre for Public Interest Litigation Petitioner

    versus

    Registrar General of

    The High Court of Delhi Respondent

    AN APPLICATION FOR EXEMPTION FROM FILING OFFICIALLY

    TRANSALTED COPY OF ANNEXURES

    To,

    The Honble Chief Justice of India

    And his companion judges of the Honble Supreme Court

    1. That the present writ petition under Article 32 is being filed in

    public interest. The Petitioner is challenging the entire selection

    process and evaluation method adopted in the Main exam in the

    DJS 2014 on the grounds of being unreasonable, arbitrary and

    hence, in violation of Article 14 of the Constitution.

    4. That the facts of the writ petition are not being mentioned here

    for the sake of brevity and the same may be considered part of

    the present Application.

    5. That some of the annexures are in Hindi and the same have

    been translated into English by a person who is well conversant

  • in both the languages. The Petitioner could not get the

    translation done through an official translator due to paucity of

    time.

    PRAYERS

    In view of the aforementioned facts and circumstances this Honble

    may be pleased to:

    (d) Exempt the Petitioner from filing officially translated copies of

    annexure; and

    (e) Pass any other order as this Honble Court may deem fit and

    proper.

    Petitioners

    Through

    New Delhi

    Dated (Prashant Bhushan)

    Counsel for the Petitioners