HC strikes down rule on 60% aggregate for selection as junior civil judge for BCs

Vijayawada: The AP High Court has struck down the rule stipulating 60 per cent of aggregate marks in main examination and viva voce for backward class communities for selection as junior civil judge in the state.

A division bench headed by Chief Justice AK Goswami and Justice Jayasuriya heard a petition filed by a Chilakaluripet-based applicant for the post, Nishadh, on Thursday.

Petitioner’s counsel Yanalamanujula Balaji argued that as per rule specified for selection as junior civil judge, out of 300 marks in the main examination and 50 marks in viva voce, applicants from OC and BC categories should get 210 marks and those from SC/ST category 175 marks. Though applicants from OC should get 60 per cent in both main examination and viva voce by getting a total of 210 marks, those from BC should get 55 per cent marks in the main examination and 95 per cent marks in viva voce with the total coming up to 210 marks. At the same time, for SC/ST applicants, only 50 per cent marks were needed in both the main examination and viva voce, taking total marks to 175.

The petitioner’s counsel argued that the applicants from BC communities were facing injustice due to such a rule.

The court has struck down the AP Judicial Service Rule 6f, which stipulated that 60 per cent of the aggregate marks were required in the main examination and viva voce for BC applicants to get selected for junior civil judge. The court ruled that this was against Article 14 of the Constitution.

The court issued a direction that such a rule should not be followed for selection of junior civil judges as a notification was issued in 2020-21. The court directed the registrar to appoint the petitioner Nishadh as junior civil judge immediately.