Case Note & Summary
The petitioners, three practicing advocates, applied for the post of Civil Judges pursuant to a notification dated 01.02.2016 issued by the High Court of Karnataka. A preliminary examination was held on 06.05.2016. The petitioners failed to secure the minimum qualifying marks and were not shortlisted for the main examination. They filed writ petitions under Articles 226 and 227 of the Constitution seeking a direction to the respondent to review the selection process and consider their cases, alleging that the selection against reserved quota violated the Karnataka Judicial Services (Recruitment) Rules 2004 and Articles 14, 15, and 16 of the Constitution. The court heard the counsel for the petitioners and the Additional Government Advocate. The court observed that the petitioners had not secured the minimum qualifying marks in the preliminary examination and therefore had no locus standi to challenge the selection process. The court held that only candidates who participated and were aggrieved by the selection could maintain a writ petition. Since the petitioners failed to qualify, they had no vested right to be considered. The court dismissed the petitions as not maintainable.
Headnote
A) Constitutional Law - Locus Standi - Judicial Review of Selection Process - Petitioners who failed to secure minimum qualifying marks in preliminary examination lack locus standi to challenge selection process - Held that only candidates who participated and were aggrieved by the selection process can maintain a writ petition (Para 3). B) Service Law - Recruitment - Reservation Policy - Challenge to Selection - Petitioners cannot challenge selection of candidates against reserved quota when they themselves did not qualify in the examination - Held that the challenge is not maintainable as petitioners have no vested right to be considered (Para 3).
Issue of Consideration
Whether the petitioners, who failed to secure minimum qualifying marks in the preliminary examination, have locus standi to challenge the selection process for Civil Judges on grounds of violation of reservation policy and rules.
Final Decision
The writ petitions are dismissed as not maintainable.
Law Points
- Locus standi
- Judicial review of selection process
- Reservation policy
- Karnataka Judicial Services (Recruitment) Rules 2004
- Articles 14
- 15
- 16 of Constitution of India
