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Please stay the Delhi Judicial Services 2014 recruitment

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Factual data:

 

Advertisement dated 18.2.2014 was issued for recruitment to the Delhi Judicial Service (DJS). 80 vacancies were advertised, of which 55 were for the General Category of candidates. The exam is to comprise of three parts, the preliminary exam, the main exam and the interview. In accordance with an advertisement dated 18.2.2014 for recruitment to the Delhi Judicial Service, the exam was held on 1.6.2014. A total of 9033 students took the preliminary examination held on 1st July 2014, out of which 659 took the mains examination held on 10th and 11th October 2014. The result for the same was announced and published on Delhi High Court website on 1st May 2015 in which 15 students have qualified for the viva voice (13 from general category and 2 from reserved category). The practice followed by the High Court is to call examinees three times the number of seats notified for the viva voice. However the other condition of minimum 50% marks in aggregate and 40% in its subject has to be met.

 

Representation

 

It is to be noted that in all the earlier Delhi Judiciary recruitment process (till 2011) Almost every time before DJS,2014 result, the number of candidates who qualified for the interview round on the basis of main written test was three times the number of vacancies. For example, it is found that in the 2011 DJS mains result examination 75 number of candidates were called for the interview against 23 vacancies. This practice is also in consonance with practice followed by other high courts for example Punjab and Haryana high court has the official rule that people three times the number of seats will be called for the interview subject to 50% aggregate marks in the mains.

 

While compromising with the quality of judicial officers selected for such a position of responsibility is nobody’s argument, the instant result fails the test of logic and common sense. It is to be noted that only 15 out of 660 candidates were found suitable for the interview round. Such a minuscule number, lends a slight element of suspicion to the evaluation process this year and then it appears that evaluation has been driven by some extraneous factors, rather than merit. Given the fact that there has been no change in the eligibility criteria of candidates and the level of difficulty of the questions was unanimously found to be easier as compared to the usual standards, the evaluation process smells of a deliberate intention on the part of the recruiting authorities to disqualify the otherwise eligible candidates. If indeed the Hon’ble High Court had the intention to recruit only 15 candidates in toto, then rather than synchronizing the evaluation process in order to give effect to the same, it should have advertised for 15 posts only instead of 80 posts, which led the applicants to think that the usual selection formula for the preliminary and the main examination would be followed. The whole formula of the selection process has simply clearly been violated in the result of the written test of DJS, 2014.

 

Prime facie, complete arbitrariness and lack of fair play is displayed in as much as it appears that the evaluation process has been twisted only to hide behind a convenient argument ; a peculiar situation of the apparent non meritocracy of the candidates appearing for 2015 DJS exams has been carefully constructed. This is highly agonizing and demotivating for not just the present of aspirants who have put in great patience and sincere efforts for nearly five years (including please note that there was a 3 years delay in publishing the 2014 notification and one and a half years after that participating in the current process) but also prospective candidates who have high regard for the DJS as a bright career option.

 

Delhi being the capital of India, DJS attracts Hindi-knowing candidates, even sitting judges, from all over India. For the DJS, 2014 examination a number of sitting judges, e.g many sitting judges from Haryana,  and almost 30 sitting judges from all over India applied for it. One candidate, namely Isha Paty, the topper of Odisha Judicial Service, 2013 resigned from OJS to appear at DJS, 2014, because Hon’ble Odisha High Court, in place of forwarding her application advised her to resign from OJS to appear at DJS, 2014. Similarly the rank 1 of Uttar Pradesh judicial services and many other Delhi university and national law school toppers and gold medalists took part in the selection process, with many of them topping the preliminary stage of DJS. To say that 98% of these illustrious people did not even have enough talent and Merit to score a minimum of 50% marks in the mains examination is tantamount to questioning the quality of preliminary exam. If DJS itself, since it filtered out these same people to be qualified to take the mains.

 

The very fact that all these industrious students participated in this process and many sitting judges resigned from their respective jobs to just take the Delhi judicial services mains exam indicates the unshakeable faith of the candidates in the justness of the selection process of DJS, and the role played in it by the Hon’ble Delhi High Court.

 

It is incredible and rather shocking, that the Hon’ble Delhi High Court failed to get 55 eligible candidates from such a big pool of applicants (about 10000). In fact, Delhi is the only privileged state in the country to attract the creamy layer of the law graduates from all over the country. It is for this reason that in every previous selection process, always the number of candidates qualifying for interview has been three times the number of posts. This only suggests that the whole evaluation process of DJS, 2014 has been well designed to indiscriminately reduce the marks of the candidates, so that the number of qualified applicants would be only 15 (2% of all those who took the mains exam), probably because of paucity of adequate number of court rooms, as revealed by the Hon’ble High Court before the Hon’ble Supreme Court in a decision relating to the recruitment of 2011. Had the original advertisement been only for 15 posts, this would not have created so much of frustration, nor would sitting judges would have resigned from judicial services of other states to appear for DJS, 2014.

 

Furthermore the argument that the seats will carry forward then a new notification will come out carrying those backlog seats –this will not provide any real effect as the notification as it is comes in 3 years (despite the 6 month order) and what says that there again won’t be such aberrant checking?

 

This will be highly deleterious to the morale of the students and examinees and also the society at large. Morale of the services will be affected – if future to-be judicial officers see this kind of treatment being meted out to them and many of them are sons and daughters on existing judicial officers then the morale of the services will be gravely affected. Would any current officer want their child to follow their career foot steps and would also the same officers work had and go in the extra mile in office?

 

This current DJS 2014 examination process is a culmination of 5 years of hard work and patience of many hard working honest people. Those who have waited patiently for three years since the last notification in 2011 and have taken the preliminary exam and mains over the last one and half year. The result for the mains to be announced this turn took seven months and after all this waiting and faith in the judicial process to say that Hon’ble High Court could not cull out even 55 people (general category) out of nearly a thousand and only 13 people (general category) are fit to be even called for the interview due to evaluation standards seems not only disheartening but highly disillusioning for those who had placed faith in the examination and evaluation process.

 

Edmund Burke used to say that the study of law ‘renders men acute’, and that ‘they are able to augur misgovernment at a distance and sniff the approach of tyranny in every tainted breeze’. We appeal to your incisive intelligence to prevent this injustice from being perpetrated under your leadership and to get justice to not only the examinees of this exam but to every litigant waiting for the next date in his case in an over burdened judicial system suffering due to sever paucity of judges.

 

Prayer

 

It is therefore humbly requested that let there not there be a travesty of justice for aspiring judicial officers and let there not there be a deterring precedent like this.

 

·       Revaluation of the all exam papers of all students should be announced.

 

·       In the alternative, it is prayed that the criteria for calling for interview be relaxed and either people three times the number of seats i.e 240(80x3) or top 150 rank candidates be called for the interview. This should be done so notified seats can be filled, in a judge starving state like Delhi.

 

·       It is further prayed before the Hon’ble court to stay the current ongoing recruitment process, to prevent this representation from becoming infructous.

 

We would be highly obliged if the Hon’ble High Court could respond back to us or take steps within the next three days. This would keep the morale high and in case the Hon’ble court refuses to intervene the aggrieved parties can take recourse to other legal remedies after the Period of three days.

 

We fervently request the Hon’ble Delhi High Court to stick to the assurance it has given to the candidates to recruit the number of candidates advertised for, as has been the practice so far in the past and not to reject the otherwise eligible candidates, pooled from all over the country, as ineligible, simply taking the excuse that these candidates have failed to secure the mandatory 50 percent marks (through a contrived evaluation process). The present selection of DJS, 2014, if not revised, has the potential to erode the faith of the applicants in the selection process for DJS for ever. This also does not bode well for the judiciary of the country at large. Delhi will set precedent for other states.

 

 

Your respectfully ,

All those who are aggrieved by DJS 2014                     



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