IN SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.514 OF 2015 INTHE MATTER OF: I I CENTRE FOR PUBLIC INTEREST LITIGATION I VERSUS I THE REGISTRAR GENERAL OF HIGH COURT OF DELHI INDEX Particulars I ?page N0. - N0. Af?davit of "145' order dated 13.04.2016 I I 2. Copy ofletterdated 26.04.2016 64.9% (Annexure R?l Golly) copy? Sr Noti?mn? "dated 10:11" 12.07.2016 I issued I by I Goveinment of NCT of Delhi '(Annexurea-R2) I A.D.N. RAO FOR Til-E A. IN THE SUPREME COURT OF INDIA ORIGINAL NO. 514 OF 2015 Centre For Public Interest Litigation Petitioner Versus Registrar-General of the High Court of Delhi . Respondents AFFIDAVIT OF COMPLIANCEWITH THE COURT DATED 13.04.2013 1, Vinod Gee-l, S/o. Sh. about 59 years, presently Working as Riggistrar General, High Court of Delhi, New Delhi, do hereby solemnly af?rm and state as under:- 1. That I am the sole Respondent herein and as such well conversant with the facts of the case. [submit that duringthe course 01'" the hearing held on Ix) 13.04.2016 Counsel for Petitioner in WP. (C) No.514 of 2015 submitted a Short Note prayingfor the adoption of the same for future examination to improve the examination system. That this Hon?ble Court directed the answering Respondent to respond to the said submissions and accordingly the following. submission are being made. I submit that the Short Note contain the follOWing Suggestions a) In the Preliminary exams, the sheets be order-ed [a be?llea? up in. pen and not pencil. I b) In the Preliminary exam result. the names (?ieaadida'z?es be mentioned and not omitted as done in the new 2015 I . Ana-Mung?? Wan-Mr c) in ehecking of the mains papers, the procedure laid. down by the 3 Supreme Court Judgment be followed, in letter" and sp?irite the 3 judgment are Sanjay Singh [(2007) 3 .720], Pratt-tam Ramesh Chakkarwar [(2013) 12 sec 489] and _Sujasha Mukherji (SCW) 1582]. The produce laid down is there be a chiefexaminer, who then sets paper and also makes the model answers. Then additional examiners are appointed who then check the papers as. per the model answers. And then ?nally the chief examiner conducts rationalization where he basically checks if the additional examiners checked as per his speci?cation. d) The candidates be provided a copy oftheir answer scripts under the and as per two Simreme Court judgments of Central Board . of Secondary Education (CBSE) v. Aditya I Bandopadhyay SC 20] l) and Kerala Public ServiCe Con/emission Vs State Information Commission (SC 201 e) Arbitrary absolutely cut offs for interview qualification be replaced With ranking method. f) The DJS exam be held every year ilce the UPSC exam. The Response of the answering Respondents to the said suggestions are as under:- De:th Reed; tie. snag 3 . . 1 .- IRaJendra Kern; [t is submitted that Hon?ble the Chief Justice vide Order dated 9. 03.2016 has approved the recommendations - of the Examination-cumJudicial Education and Training Programme Committee Wherein it was recommended that the practice of marking the answers in. OMR answer sheets with pencil may be discontinued i'mmediately and henceforth the candidates for Delhi Higher Judicial Service I Preliminary Examinations and Delhi Judicial Service Preliminary Examinations may be instructed to mark the . Programme Committee. answers in OMR answer sheets with Blue/Black Ball Point Pen only. As such, this suggestion already stands implemented. Pursuant to the aforesaid directions, this Court had conducted Delhi Higher -Judicial Service Examination Preliminary Examination 2015 accordingly- by issuing instructions to the candidates for filling of OMR answer sheets with Blue/Black Ball point pen only. b. It is submitted that earlier the names used to be mentioned. But in 2015 vide letter dated 18.02.2016 a candidate namely Mr. IBhabhuti Prasad had given- representation before the declaration of result of Delhi Judicial Service Preliminary Examination 2015- whereby he had prayed this Court to consider publishing only roll .. numbers and not the names of the candidates for the result of Delhi Judicial Service Preliminary Examination on the following grounds in this regard:? 1. This is a standard practice follow-ved'by UPSC and other examination holding bodies. 1t has two positive e?ects one the examiner ?s workload will be reduced to only publishing roll numbers and second, the candidate?s privacy stays intact. 2. The candidate will not feel depressed as the marks awarded to him 'will be available to himselfonly and not to the other candidates. - 3. The working candidates in private firms will come under bad light it is revealed. that they have taken a competitive exam while working for them. The aforesaid request of the applicant was approved by Hon 'ble the Chief Justice on the recommendations ofthe Examination?'cum?Judicial Education and Training {nesz fr wr- a w" W: c. Delhi Judicial Service Main Examination (Written)- has four papers ie. General Knowledge Language, Civil Law?l, Civil-H, and Criminal Law and thesefour are further divided into two parts i.e. Part dc Part in the aforesaid Examination. These eight papers are evaluated by di?erent examiners, Rationalization by Chief Examiner is necessary when a paper is examined by ?ve or more examiners. In DJS Main Examination (Written) each paper is examined by a single examiner, therefore, the question rationalization would not arise. d. it is submitted that after declaration of the result of Preliminary and Main Examinations of Delhi Judicial Service,_ on the request of candidates under RTI Act, the inspection of OMR answer sheets and answer sheet ofMain Examination papers is being allowed by this Court in terms of the Judgment of Supreme Court in Central Board of Secondary Education Anr. Aditya .Bnndopatlhvay Ors. dated 0908.201 1 in Civil Appeal No.6454 of 20.11. Thus, we are already following the practice as directed by Hon?ble Supreme Court. in this judgment. However, the photocopies of the answer sheets will be. given to the candidates, if so applied under the RTI Act. e. It is submitted I that Delhi Judicial I Service Examination is conducted by this Court according to Delhi Jt-idicial Service Rules, 1970 wherein cut marks for Preliminary, Main and interviews of Delhi Judicial Service Examination are prescribed. Further, ininn?im cut off is maintained in most of the examinations and the. rationale behind is that the candidate has the minimum basic Iowledge in each subject. - - any.? ?1 r" It is submitted that the reason behind not conducting Deihi Judicial Service Examination every year is lack of infrastructure/coart rooms for holding of court for the selected candidates. 5. I I further submit that this Court conducted the viva voee 01? the candidates On 21.03.2016 and declared the final result on 26.04.2016. Vide letter dated 26.04.2016, this Court "forwarded the names of 11 candidates to Government of 01" Delhi with a request that approval 01? the Hon?ble Lt. Governor (the Administrator), of may kindly be obtained and conveyed to this Court at the earliest (Annexure colly). As on date, the Government of NCT of Delhi has issued noti?cation dated 12.07.2016 for appointment of 5 candidates (Annexure 6. I state that what is stated herein above is true and correct. rm"- \u-W{18173 mgdo?im .mar II I. - I [E?elHiT Qafe?of new new 2? ??0118, at} s_ the above named Deponent do hereby verify that the . I - . ontents of Paras 1 to 6_ of the above af?davit are true and correct to the beeffof owledge as per the infermation . . ?mm P, I available. on 'ltefrecords antkbe eved to be true and nothing fra'Kumawhen. new Ietnt . atteatao I I a was THE CONTENTS-EXPLAINEDTO me a: mg 3mg? exacmsit WHO 18 seamen Te t, Wmm?ahg?fg?m? Ph' UNDERSTAND at names est.an ME at: *HQT?hlgi-gms gag MW i I DELHI Mm. Egitil?vt @Et'?ieth . . .- a . ii? "that whentetra-teem? N?u- i - - new we EXECUTA Ms Em gamma WHO WASNCE or i - THE PRESE QLHieHceearoFani?? up" I I f. V3400 GOEL Sh Sh?h Road GENERAL New-Delhmto 503 or. 23387989 Fax 23073485 MUST IMMEDEATE D.O. No.10 3297 Gaz. DJS Exam~2014/ 2016 Dated, the 26th April, 2016 Sub. Appointment to the Delhi Judicial Service Dear ?5 335.31 i? I am desired to say Delhi Judicial Service Main ExaminatiOn (written) ?2014 was conducted on 11th and 12th October, 2014 fer filling up 80 posts (55 General, 08 Scheduled Castes and 17 Scheduled Tribes fer recruitment to Delhi Judicial Service. Out of these 80 vacancies, 03 vacancies were reserved for Physically I-IandiCapped- (Blind/Low Vision) (mobility not to be restricted) and 01 vacancy was reserved for- Orthopedically Handicapped, one arm affected (right or left), OL - one leg affected (right or left), BL both legs affected but not arms}. Pursuant to the directions of the Full Court of this Court, vide letter No. 4111/ Gaz./ DJS Exam?201M 2015 dated 24.08.2015, it was recorr?uhended that 15 candidates be appointed to the Delhi Judicial Service on probation for a period of two years against existing vacant posts subject to outcome of Writ Petition (Civil) No. 514/2015 titled ?Centre for Public Interest Litigatioii vs. Registrar General of the High- Com?t of Delhi? pending before the Hon?ble Supreme Court of India and - Writ Petition (Civil) No. 2828/ 2010 titled"Surender Pal Singh Chauhan vs. State Anr.? pending before this Court. Accordingly, notifi'catiOns dated 16.11.2015, 01.12.2015 and 07.12.2015, were issued by the Govt. of NCT of Delhi, thereby appointing 15 candidates as officers 0f Delhi Judicial Service. - In Writ Petition (Civil) No. 514/2015 titled ?Centre fer Public Interest Litigation vs. Registrar General of the High (butt of Delhi? and Writ Petition No. 712/2015 titled ?Sonal Gupta vs. Registrar General of High Court of Delhi?, the I-Ion?ble Supreme COurt of India, vide orders dated 14.12.2015 was pleased to appoint I?Ion?ble Mr. Justice P.V. Reddi, former Judge of Supreme Court of India for revaluation of answer papers of Delhi Judicial Service Main Examination (Written) - 2014. His Lerdship submitted an interim report of revaluation before the Hon?ble Supreme Courtwhich was aCCepted by the Hen?ble Court vide its Order dated 10.03.2016. As per the said report dated 24.02.2016, 12 more candidates Who had appeared in Delhi Judicial Service Main Examination (Written) 2014 Were found to have obtained qualifying marks for being called fer the interview. Vide aforesaid order dated 10.03.2016, I-Ion?ble Supreme Court directed that the interview of the said 12 Candidates be held within four weeks and the result of the interview be filed before the Hon?ble Supreme Court by 25.04.2016. It was also inter~aliaclarified by the Hon?ble Court in its order dated 14.12.2015 that the candidates who shall be selected wOuld not be ranked senior to the candidates who have already been selected and appointed. Accordingly, all the 12 candidates were called for Viva Voce, but only 11 [10 General and 01' appeared before Selection Committee which met on 21.03.2016. One candidate, namely, Ms. Joshica Sood did nOt report for the interview and, therefore, forfeited her candidature. After viva voce, the Selection Committee prepared a list of 11 candidates in order of merit taking into consideration the marks secured by each candidate in the written examination and in the viva voce. Thereafter, the result was submitted before the Hon?ble Supreme Court and vide order dated 13.04.2016, the I-Ion?ble' COurt had been pleased to inter?aha direct as hereunder the eleven candidates have been feund suitable. Thelrespondents are at liberty to lSSue letters .of appointment to the selected candidates. xx Xx xx xx xx [xx Needless to say, the inter se seniority shall be governed as directed vide order dated 14th December, 2015.? The Full Cetirt has confirmed the list of 11 recentmended candidates in Order of merit prepared by the Selection COmmittee, Copy of which is being forwarded herewith as Annexure The Full COurt also reaolved to reeommend the marries of 11 candidates as per list in order cf merit to the Administrator, GOvt. of NCT of Delhi, for appointment to the Delhi Judicial Service. The Full Court also resolved that the selection and appointment of these 11 candidates to Delhi Judicial Service is adbject to outCOme "of Writ Petition (Civil) No. 514/ 2015 titled ?Centre fOr Public IntereSt Litigation 'vs. Regi'Strar General of the High Court of Delhi? and Writ Petition (Civil) No. 712/ 2015 titled ?sonal Gupta vs. Registrar General of High Court of Delhi? pending: before the Hon?ble Supreme Court of Indiaand Writ Petition (Civil) No. 2828/ 2010 titled ?Surender Pal Singh Chauhan vs. State Ann', pending beEOre this COurt. I The Full Court has further reSolved that in terms of order dated 14.12.2015 in Writ Petition (Civil) No. 514/ 2015, these 11 candidates Would not be ranked senior to the candidates who have already been seleeted and appointed. I am, therefore, to request that approval of the Hon?ble Lt.- Governor (the AdrninistratOr), NCT of Delhi, to the list of '11 Selected candidates (Annexure in order of merit prepared by the Selection Committee on the basis of competitive examination (including written and viva voce) Delhi Judicial Service Examination 2014, may kindly be obtained and Conveyed to this Court at the earliest. In View of the above reselution of the Full Court, this Court also recommends that 11 selected candidates in Order of merit as mentioned in the list enclosed (Annexure be appointed to the Delhi Judicial Service on probation for a period of two years against existing vacant poSts subject to outCorne of Writ Petition (Civil) No. 514/ 2015 titled ?Centre for Public Interest Litigation'v's. Registrar General of the High Court of Delhi? and Writ Petition (Civil) No. 712/ 2015 titled ?Sonal Gupta vs. Registrar General _of High Court of Delhi? pending befOre the Hon?bl'e Supreme COur't of India and Writ Petition (Civil) No. 2828/ 2010. titled ?Surender Pal Singh Chauhan vs. State (it Anr.?, pending befOre this Court. The appointment of all the 11 candidates shall be subject to they being declared medically fit as required by Rule 30 of the Delhi JudiCial Service Rules, 19?0, and subject to verification of their antecedents. Copies of applications of all the 11 candidates are being sent herewith for kind perusal; 7 I :3 \Q?fpaeb a) ?a Yours sincerely, Encl. As above I.- i, we .. (viNoo ooEL) REGISTRAR GENERAL Mr. Brijesh Sethi Principal Secretary (Law, justice 8: Legislative Affairs), Govt. of NCT of Delhi, . - Delhi Secretariat, LP. Estate, New Delhi {a - ANNEXUREA .1.- SERVICE EXAMINATION, 2818 LIST OF CANDIDATES 1N ORDEROF MERITPREPARED THE. Marks in the Written Exam as per Orders Marks dated obtaine Total 10.03.2016 (:11 marks .. Mam passed vwa obtame .. .. 4 Roll. Name Category Hon bie . . order Remarks 0. . A . voce out of .. . No. Supreme - - ol Mermt . - (Max. 1000 court WPC Marks marks .. 51412015 and 150) 712/2015 (Max Marks - 850} i. j. 1 222 GENERAL 489 11-7 566 1 2 591 DIVYA MALI-IOTRA GENERAL 8.29 119 548 '2 .3 129 GENERAL 825- 120 545 3 4 345 MITTAL GENERAL 827 116 58.3 4 . . - . Date of birth- I 273 NISI-IANT GARG GENERAL 8-27 114 541 5 13336 - 6' 588 GUPTA GENERAL 433 108 581 '6 7 118 SWATI GUPTA, GENERAL 838 103 537 7 8 81 DEKA GENERAL 828 108 S36 8 D. Eb"l- 9 200 DEEPAK VATS GENERAL 827' 106 533 9 ?33:03?? I. I I I A Date oflairth- 10 288 FAHAD UDDIN GENERAL 425 108 533 10 0635.86 11 563 PRAGAT: SG 385 107 492 '11 ed in Delhi Gazette Part Extraordinary) GOVERNMENT OF NATIONAL CAPITAL TERRITORY 0F DELI-II . (DEPARTMENT OF LAW, JUSTICE LEGISLATIVE AF FAIRS) - are LEVEL, DELHI SECRETARIAT, LP. ESTATE, NEW DELHI 110002 61 . Dated 12. July, 2016 NOTIFICATION (To be publish 3/ 2014?Judl./ Suptlaw/ ?hrb? In pursuance of the prOvisiOns of rule 18 of the Delhi Judicial Service Rules, 1970 as amended up to date, the Lt. Governor of the NatiOnal Capital Territory of Delhi, in consultation with the High Court of Delhi, is pleased to appoint the following five candidates as members of the Delhi Judicial Service on probation for a period of two years with effect from the date they assume charge of their reSpeCtive offices on being posted by the Delhi High Court, New Delhi: I I Silo. Name of the candidate Mr. MAYAN GARG 2. These appointments are on purely provisional basis, and subject to the verification of their caste,I PH category certi?cate, where ever applicable. If the verification reveals that the - - claim to belong to Scheduled Caste and Scheduled Tribe or Physically Handicapped category, 1: as the case may be, is false, the services will be terminated forthwith without assigning any I further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certi?cate. merit shall be subject to the provisions of the Delhi Judicial Service ions as may be applicable to the 3. The above appoint Rules, 1970 as amended up to date and other orders/ instruct officers of the Delhi Judicial Service from time totinie. 4. The inter-se?seniority of the above named candidates in the Delhi Judicial Service vis?a- vis' other selected candidates will remain the same as assigned to them in the merit. list prepared by the SeleCtion Committee in accordance with the provisions of the Delhi Judicial Service Rules, 1970 as amended up to date. . The ab0ve appointment shall be subjeCt to outcome of Writ Petition (Civil) . ?Centre for Public Interest LitigatiOn Vs. Registrar General of the High Court of Delhi? and Writ Petition (Civil) No.712/ 2015 titled ?Sonal Gupta Vs. Registrar General ding before the Hon?ble Supreme Court of India and Writ PetitiOn 50? of High Court of Delhi pen 2010 titled ?Surender Pal Singh Chauhan Vs. State 8: Ant.?, pending before Delhi High Court. . . . 6Q The post carries the scale of pay of plus usual allowances as maybe applicable in this behalf from time to time. By order and in the name of the Lt. Governor of the National - A . Shra) Additional Secretary (Law, udtice 81 LA) Capital TerritOry of Dihi, (013' Mi I . a e. V. 7 Cop-y ferwarded to the fellow'ing for information and necessary action:- _Dat'ed:'- ll-M" Jt..-j 2.0 The Secretary to the Govt. of India, Ministry of Law 8: ustiCe, (Department of Justice), Shastri Bhawan, New Delhi. f?cers co Guard ?le. \f The Pr. Secretary to Lt. G0vernoer, Govt. of NCT of Delhi, New Delhi. The Registrar General, High Court of Delhi, New Delhi. The District 8: SessiOns Judge (Headquarters), Tis Hazari, Delhi. The Special secretary (GAD), Govt. of Delhi in duplicate with Hindi version fer publication in Delhi Gazette. - . The ContrOller of AccOUnts, Gth. of N.C.T. of Delhi, Delhi. neerned through the Registrar General, Delhi High Cotirt, New Delhi. (0 Mishra) Additional Secretary (Law, Ju ice 8: LA) MWOCLA)