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The Supreme Court has today directed a plea seeking directions to re-check Law Paper II and Law Paper III of the Delhi Higher Judicial Services (Mains) Examination, 2019,  to be listed before an Appropriate Bench.

The plea also seeks for framing of criteria and scheme for moderation of marks in case of subjective examinations for Judicial Services.

A bench of Justice Indira Banerjee, Justice V Ramasubramanian and Justice Bela M Trivedi has directed for the matter to be listed before an appropriate bench after consideration by the Chief Justice of India.

The petition has been filed challenging the manner in which the marking of two papers of the said examination i.e. Law-II and Law-III was effected and consequential result of Delhi Higher Judicial Services (Mains) Examination 2019, as declared on Jul 22, 2021, whereby only 4 (Four) out of 282 candidates have qualified for Viva Voice which is just about 1.41% of total qualified candidates for Mains.

The exams were conducted for filling up of 19 vacancies meant to be filled through direct recruitment in Delhi Higher Judicial Services.

Senior Advocate SK Jain appearing for the petitioner submitted that there is another similar petition listed before Justice Joseph, and that this matter may be listed after that matter is heard. To which Justice Banerjee said, "Let the matter be listed before Justice Joseph only," and then directed for them to be listed before the appropriate bench after consideration by the Chief Justice of India."

The plea submits that, “as a consequence atleast 15 of the 19 posts, meant and earmarked for recruitment through direct recruitment, would be left vacan - which would defeat the very objective and purpose for making a provision for selection through direct recruitment in the case of All India Judges Association a. Union of India (2002) 4 SCC 247.”

“The main grievance of the Petitioners herein is that on account of arbitrary marking, the Petitioners and other candidates have not been able to qualify the "minimum" prescribed marks of 50% in the aggregate. It is stated that there is no standard laid down for the manner of marking especially when the said examinations held comprise of subjective type questions,” the petition added.