Holding

Introducing minimum qualifying marks for the interview after the selection process was completed is impermissible and illegal; the merit list must be prepared without any minimum interview marks, though scaling down the written‑exam marks to 75 is proper.

Summary

The Supreme Court examined the recruitment of ten District & Sessions Judges (Grade‑II) in Andhra Pradesh, where the High Court’s Administrative Committee had fixed a 75‑mark written exam and a 25‑mark interview, but the written test was actually conducted for 100 marks and the interview marks were added, creating a total of 125 marks. After the selection process, a Sub‑Committee scaled down the written marks to 75 and, more controversially, imposed minimum qualifying percentages for the interview, a criterion not prescribed earlier. The Court held that while scaling down the written marks to match the originally intended 75‑mark weight was permissible, introducing minimum interview marks after the process had concluded was illegal and amounted to changing the "rules of the game". Consequently, the merit list must be redrawn without any minimum interview marks, though the five interim appointments remain undisturbed. The Court also dismissed a belated special leave petition by a non‑aggrieved applicant.

Issues considered

What method and criteria for selection were prescribed by the High Court's Administrative Committee?
Did the introduction of minimum qualifying marks for the interview, after the selection process, render the merit list illegal?
Is the Full Court's revision of the merit list by applying interview minimum marks valid?
Is the scaling down of written‑exam marks from 100 to 75 permissible?
Is the special leave petition filed by Thirumala Devi maintainable?

Legislation cited

Constitution of Indias. Article 13(q)

Subjects

judicial service recruitmentminimum qualifying marksinterview criteriawritten examinationselection procedurerule of the gamemerit listspecial leave petitionnatural justice

Judgment

[2008] 2 S.C.R. 1025

K. MANJUSREE A
II.
STATE OF AP. & ANR.
(Civil Appeal No. 1313 of 2008)
FEBRUARY 15, 2008
B
(K.G. BALAKRISHNAN, CJ., R.V. RAVEENDRAN
" AND J.M. PANCHAL, JJ.)

Andhra Pradesh State Higher Judicial Service :
Appointment to posts of District and Sessions Judge c
(Grade-II) - By direct recruitment - Allocation for marks for
written examination and interview - Change in criteria after
commencement/completion of selection process - Legality
of - HELD: Authority making rules regulating the selection,
can prescribe, by rules, the minimum marks both for written D
..,..-1 examination and interview or may not prescribe any minimum
marks either for written examination and/or interview - Where
rules do not prescribe any procedure, Selection Committee
may also prescribe such minimum marks, but it should do so
before commencement of selection process - Changing E
criteria after completion of selection process would be illegal
- On facts, when Administrative Committee of High Court had
clearly resolved on 30.11.2004 that evaluation of performance

-
should be with reference to 75 marks for written examination
and 25 marks for interview and minimum qualifying marks for F
--:~
various categories would be 'as prescribed earlier', conducting
written examination with reference to 100 marks, and
prescribing minimum qualifying marks for interview, which
criterion was not there in the earlier selection and which was
introduced after entire selection process was completed, would
G
amount to changing the criteria during the selection process
'>
or thereafter, which is clearly impermissible and illegal - High
Court would redraw merit list by scaling down written
examination marks to 75 from 100 and without applying any
1025 H
1026 SUPREME COURT REPORTS [2008] 2 S.C.R.

A minimum marks for interview - Andhra Pradesh State Higher
Judicial Service Rules, 1958.
Constitution of India, 1950:
Article 13q - Petition for special leave to appeal - HELD:
B Is not maintainable as the petitioner is not aggrieved by the
selection process nor did she file any writ petition in the High
Court - The SLP is also liable to be rejected on the ground of
delay.
In the State of Andhra Pradesh 1O posts of District
C and Sessions Judge (Grade-II) to be filled in by direct
recruitment were advertised on 28.5.2004. The
qualification for the post was prescribed in the Andhra
Pradesh State Higher Judicial Service Rules, 1958. The
matter and method of selection was to be decided by the
D · High Court. The Administrative Committee of the High
Court, exercising its powers under the Standing Orders
of the High Court, by a resolution dated 30.11.2004,
prescribed the method and manner of selection. It
resolved to conduct the written examination for 75 marks
E and o·r,al examination for 25 marks: It also resolved that
the minimum qualifying marks for various cat·egories
wou.ld be. 'as prescribed earlier'. However, after the
examination, merit lists of the candidates for different
categories were prepared on the basis of a total of 125
F marks which included 100 for written examination and 25
marks for interview. Accordingly, the interview Committee
(ecommended 10 candidates under various categories.
1fMl f'dministrative Committee approved the selection list.
TJle Full Court by its minutes dated 6.4.2006 impliedly
G approved the resolution dated 30.11.2004 but did not agree ....
with the selection list. Thereafter, a sub-Committee
prepared a fresh selection list after proporttonate..
recalculation of marks, scaling down the marks obta.ini:ld
by the candidates in t.he written examination with
H reference to a total of 100 to 75 and by adding the interview
+-
K. MANJUSREE v. STATE OF AP. & ANR. 1027

~ marks obtained out of 25 marks. The sub-Committe(;! also A
opined that the criterion of minimum qualifying marks for
written examination should also· be applied for minimum
marks in interview. Since the minimum percentage to pass
the written examination was 50% for open category, 40%
for backward classes and .35.% for ·SC and ST categories, B
the same corresponding percentage was fixed for
·1'
respective categories for the interview. On that basis, only
9 .candidates were recommended for selection, as the
marks obtained in the interview by the only woman
candidate in S~ category fell below the minimum c
qualifying percentage. The second list contained the
names of 5 out of the 10 candidates who had been
recommended in the earlier list.
Two of the candidates whose names were found in
the first list at serial no. 3 and 7 and were eliminated in the D
')-~ second list, filed two writ petitions contending that the
action of the High Court in preP,aring selection list by
prescribing minimum qualifying marks for the inteniiew
was arbitrary and illegal. They prayed that selection list
· be redrawn without adopting minimum qualifying marks E
for the interview. The writ petitions were dismissed by the
High Court. Aggrieved, the candidate at SI. No. 3 in the
first list filed Civil Appeal No. 1313 of 2008. Various
selected/non-selected candidates filed the I.As/ and the
,_, _.,. other matters. F
The questions for consideration before the Court
were: (i) what was the procedure (method and manner of
.selection) prescribed by the Administrative committee for
filling the posts advertised on 28.5.2004? (ii) whether the
list prepared by the Interview Committee and approved G
,,. ' by the Administrative Committee suffered from any error,
irregularity or illegality? and (iii) whether the procedure
adopted by the Full Court in preparing the fresh selection
list by applying the requirement of minimum marks for
interview also, is legal and valid? H
1028 SUPREME COURT REPORTS [2008] 2 S.C.R.

A Disposing of the matters, the Court ~

HELD: 1.1 The Andhra Pradesh State Higher Judicial
Service Rules, 1958 did not prescribe any procedure for
selection. When the posts were advertised, the only
criterion for selection that was mentioned was that the
8 selection will be by holding a written examination followed
by an interview. There was no general prescription of ~
guidelines or norms or criteria for holding the written
examination and interview. When the Administrative
Committee decided on 30.11.2004 that the minimum
C qualifying marks for OC/BC/SC/ST shall be as prescribed
earlier it obviously referred to what was prescribed when
the previous recruitment was made in 2001-2002. A perusal
of the resolution makes it clear that it was decided to have
only minimum qualifying marks in the written test and not
D for the oral examination~ This is evident from the subject
placed for consideration on 21.2.2002 and the resolution ~*
on the subject. The subject for consideration was:
"Minimum qua'lifying marks in the written examination"
The resolution stated that the minimum qualifying marks
E was 50% for open category, 40% for Backward Classes
and 35% for Scheduled Tribes and Scheduled Castes in
the written examination". It did not prescribe any minimum
marks for the interviews. Nor was it understood as
.prescribing any minimum marks for the interview. [para 16
F and 18].[1041-F, G; 1042-D, E, F; 1043-G; 1044-A]
1.2 It has been brought to the notice of the Court that
for the 2001-2002 selections, the procedure adopted was
that all candidates who passed the written examination
by securing. the minimum marks were called for interview
G and the interview marks were added to the written
examination marks for the purpose of preparing the merit :-<
list and for the purpose of selection. No minimum marks
were applied for interview and no candidate was excluded
on the ground of not securing any minimum marks in the
H interview. That the Administrative committee and Full Court
K. MANJUSREE v. STATE OF A.P. & ANR. 1029

intended and in fact proceeded on the basis that there A
would be no minimum marks for the interview is evident
from the fact that in regard to recruitment of 6 posts in
2001-2002; the minimum qualifying marks of 50%, 40%
and 35% were applied· only for the written examination
and no minimum qualifying marks were applied in respect B
of interviews. Therefore the only inference is that when
the Administrative Committee resolved on 30.11.2004 that
the minimum qualifying marks for OC/BC/SC/ST shall be
as prescribed earlier what it meant and provided was that
there will be minimum qualifying marks for the written c
examination only. [para 18] [1043-G; 1044-A, 8, C, E, F]
2. The Administrative Committee had clearly resolved
on 30.11.2004 that.evaluation of performance should be
with reference to a maximum marks of 75 for written
examination and 25 for interview. The written examination· D.
was however, conducted with reference to a question
paper set for a maximum of 100 marks. The interviews, of
course, were held with reference to maximum of 25 marks.
This disturbed the ratio between the marks for written
examination and interview to be 4:1, thereby altering the E
prescribed marks, after the selection process had begun.
The Sub-Committee examined the matter and submitted
a revised merit list by incorporating two changes. Firstly,_
while tabulating the marks, it scaled down the marks
secured by the candidates in the written examination with F
reference to a maximum of 100 marks, in proportion to a
maximum of 75 marks so that the final marks were with
reference to a base of 75 marks for written examination
and 25 marks for interview. This was in consonance with
the criteria decided by the Administrative Committee on G
30.11.2004 before commencing the selection process.
However, the second change which the Sub-Committee
by applying the minimum percentage of 50%, 40% and
35% for OC, BC, SC/ST, respectively, even in regard to
interviews, could not have been done. This, consequently, H
.+
\

1030 SUPREME COURT REPORTS [2008) 2 S.C.R.

A eliminated fro.m the process of selection those who ~-
secured less than the minimum in the interview. The
minimum marks for interview ·had never been adopted by
the High Court earlier for selection of District & Sessions
Judges, (Grade II). Therefore, introduction of the
B requirement of minimum marks for interview, after the
entire selection process (consisting of written
examination and interview) was completed, would amount _,,..
to changing the rules of the game after the game was
played which is clearly impermissible. [paras 21, 22, 24]
. C [1046-E, F, G; 1047-A, E, F, G; 1048-B, C, D, E]
.
P. K. Ramachandra Iyer v. Union of India - 1984 (2) SCC
141, Umesh Chandra Shukla v. Union of India - 1985 (3) SCC
721, and Durgacharan Misra v. State of Orissa - 1987 (4) SCC
646 - relied on.
D
Maharashtra State Road Transport Corporation v.
Rajendra Bhimrao Mandve - 2001 (10) SCC 51.
3.1 It h; clarified that prescription of minimum marks
for any interview is not illegal. The authority making rules
E regulating the selection, can prescribe by rules, the
minimum marks both for written examination and
interviews, or prescribe minimum marks for written
examination but not for interview, or may not prescribe
any minimum marks for either written examination or
F interview. Where the rules do not prescribe any procedure,
the Selection Committee may also prescribe such
minimum marks, but it should do so before the
commencement of selection process. When the selection
committee prescribed minimum marks only for the written
G examination before the commencement of selection
process, it cannot either during the selection process or
after the selection process, add an additicmal requirement
that the candidates should also secure minimum marks .
in the interview. Changing the criteria after completion of
the selection process, when the entire selection
H
K. MANJUSREE v. STATE OF A.P. & ANR. 1031

;#" proceeded on the basis that there will be no minimum A
marks for the interview, would be illegal. [para 29]
[1051-G; 1052-A, 8, C]
3.2 The Administrative Committee being only a
delegate of the Full Court, all decisions and resolutions
of Administrative Committee are placed before the Full B
,....._ Court for its approval and the Full Court may approve,
modify .or reverse any decision of the Ad.ministrative
Committee. When the resolution dated 30.11.2004 Wc:lS
passed it was open to the Full Court, before the process ·
of selection began, to either specifically introduce a c
provision that there should be minimum marks for
interviews, or prescribe a different ratio of marks instead
of 75 for written examination and 25 for interview, or
even delete the entire requirement of minimum marks
even for the written examination. But that was not done. D
.,. ..... [para 30] [1052-E, F, G]
4.1 Once the selection process was completed with
reference to the criteria adopted by the Administrative
Committee and the results were placed before it, the Full
Court did not find fault with the criteria decided by the E
Administrative Committee (as per resolution dated
30.11.2004) or the process of examinations and interviews
conducted by the Administrative Committee and Interview
Committee. It did not find any irregularity in the
~ _, examination conducted by the Administrative Committee F
or the interviews held by the Selection Committee. The
assessment of performance of the candidates in the
written test or interview was not disturbed. The Full Court
however, introduced a new requirement as to minimum
marks in the interview by an interpretative process which G
..,. is not warranted and which is at variance with the
interpretation adopted while implementing the current
selection process and the earlier selections; this had the
=I
effect of eliminating candidates, who would otherwise be
eligible and suitable for selection. Therefore, the action H
~-
\
1032 SUPREME COURT REPORTS [2008] 2 S.C.R.

A of Full Court in revising the merit list by adopting a
minimum percentage of. marks for interview was
impermissible. [para 30] [1053-A, B, C, D, E, F, G]
4.3 The Division Bench of the High Court proceeded
on an erroneous assumption that the resolution dated
8 30.11.2004 of the Administrative Committee prescribed
minimum marks for interview. Consequently, it
erroneously held that the Administrative Committee had
acted contrary to its own resolution dated 30.11.2004 in
not excluding candidates who had not secured the
C minimum marks in the interview and that the Full Court
had merely corrected the wrong action of the
Administrative Committee by drawing up the revised merit
list by applying marks for interview also. The decision
of the Division Bench therefore, cannot be sustained.
D [para 31] [1053-G; 1054-A, B]
5.1 The judgment of the Division Bench 9f the High
Court is set aside with a direction to the High Court to
redraw the merit list without applying any minimum marks
E for interview. The merit list will have to be prepared in
regard to 83 candidates by adding the marks secured in
written examination and the marks secured in the
interview. Thereafter, separate lists have to be prepared
for each reservation category and then the final selection
of 10 candidates will have to be made. The scaling down
F of the written examination marks with reference to 75
instead of 100 is, however, proper. [para 32] [1054-C, D, E]
5.2 As one candidate is available under the category
of SC (Woman) and she will be selected, the question of
G considering whether that post should be transferred to
SC (General) does not arise. [para 33] [1054-E, F]
5.3 The SLP (C) CC No. 7188-89/2007 is not
maintainable. The petitioner therein was not a selected
candidate, either in the first list or the second list. She did
H not challenge the process of selection by filing a writ
K. MANJUSREE v. STATE OF A.P. & ANR. 1033

y petition. She was not a party to the writ petitions. She is A
in no way aggrieved as she will not be selected, by
adopting either method. There is also a delay of 190 days.
Therefore, the said SLP is liable to be rejected on the
ground of delay and on the ground it is not maintainable.
[para 34] [1054-F, G; 1055-A] B
,.....,,, 5.4 The appointments of five candidates in pursuance
of the interim order need not be disturbed. The said five
candidates will find a place in the selection list even when
it is redone, though their ranks/reservation category may
vary. Their rank and seniority will depend upon the fresh c
selection list of ten candidates to be drawn and not on
the appointment made in pursuance of the interim order.
[para 35] [1055-C, D]
CIVILAPPELLATE JURISDICTION: CivilAppeal No.1313
D
of 2008.
~A.
From the Judgment a_nd Order dated 30/10/2006 of the
. High Court of Judicature, Andhra Pradesh at Hyderabad in W.P.
Nos. 10061 and 10062/2006.
WITH E

W.P(C) No.51, 97 of 2007, & SLP (C) Nos. CC 7188-
7189/2007.
V. Kanagaraj, Anjanl Aiyagari, V. Vivekananda, I. Madhavi,
~ _...,,. P. Venkat Reddy, B. Ramana Murthy, Anil Kumar Tandale, V. F
Sridhar Reddy, K. Santhi Kumar and R.V. Kameshwaran for
the Appellants.
P.P. Rao, P.S. Patwalia, T.V. Ratnam, D. Bharathi Reddy,
Y. Prabhakara Rao, AV. Rao, Ugra Narasimha and Prabhakr G
Parnam for the Respondents.
~

T.L. V. Iyer, Ranjit Kumar, B. Sridhar, D. Bharat Kumar, M.
lndrani, Anand (for Abhijit Sengupta), SatyajitA. Desai, Anagha
S. Desai and Amol N. Suryawanshi for lmpleading party.
H
·~
1034 SUPREME COURT REPORTS (2008] 2 S.C.R.

A The Judgment of the Court was delivered by. y
R.V. RAVEENDRAN, J. Leave granted in the special leave
petition by K.Manjusree. The selection to ten posts of District &
Session Judges (Grade-II) in the Andhra Pradesh State Higher
Judicial Service in pursuance of the advertisement dated
B 28.5.2004 is the subject matter of this appeal by special leave
and writ petitions. ,,-'r
~
2. Selection and appointments to the post of District &
Session Judges (Grade II) are governed by the Andhra Pradesh
c State Higher Judicial Service Rules 1958 (Rules for short). The
said Rules provide that one-third of the total number of permanent
posts of District and Session Judges (Grade II) should be filled
by direct -recruitment. It also prescribes the qualifications _tor
appointment, but does not prescribe any procedure for selection.
As the Rules only prescribe the qualifications for appointment
D
·but did not lay down the selection procedure, the manner and
method of selection is decided by the High Court, for every ;..._~-

selection, as and when the vacancies are notified for selection.
3. The Government of Andhra ·Pradesh· issued an
E advertisement dated 28.5.2004 inviting applications for
appointment to the following ten posts of District & Sessions
Judges (Grade II) in the A.P. State Higher J'udicial Service by ~

direct recruitment :
Op_en category : 4 (1 Woman)
F
Backward Class - Group A : 1 (Woman) '"'>-· \_.
Backward Class - Group B : 1 (Woman)
Scheduled Caste : 2 (1 Woman)
G Scheduled Tribe :1
. The advertisement stated that a written examination ~
followed by an interview will be held for selection to the above
posts. The last date for receipt of applications was .15.6.2004.
H . In all 1637 applications were received. On scrutiny 1516

....
-?.
K. MANJUSREE v. STATE OF AP. & ANR. 1035
[R.V. RAVEENDRAN, J.]

applicants were eligible to take the written examination. A
-·.,I
-t 4. The Full Court of Andhra Pradesh High Court has
authorized its Chief Justice to constitute Committees for the
convenience of administration. The resolutions of the Full Court
containing the guidelines relating to the functioning of the High
Court have been compiled in the form of standing orders. SO B
2.13 enumerates the matters to be deait with by the Full Court.
( ..,..~ SO 2.14 enumerates the matters to be dealt with by the
• Administrative Committee. Recruitment of District Judges is a
matter to be dealt with by the Administrative committee under
SO 2.14. The decision/minutes of the Administrative committee c
in regard to recruitment of District Judges are thereafter placed
before the Full Court for its consideration under SO 2.13.
5. The Administrative committee by its resolution dated
.30.11.2004 decided the method and manner of selection. It
D
resolved to conduct the written examination for the candidates
for 75 marks and oral examination for 25 marks. It also resolved
---l ._,,/' that the minimum qualifying marks for the OC, BC, SC and ST
candidates shall be as prescribed earlier. As per its direction,
the written examination was held on 30.1.2005 and 1026
candidates appeared for the examination. The results were E
declared on 24.2.2005 and 83 candidates were successful in
the written examination. Due to the pend ency of some litigation,
• interviews could not be held immediately. A committee of five
Judges was constituted for interviewing the candidates and
---..
interviews were held in March 2006. Thereafter, the marks F
,,.
'
--.# .. obtained by the 83 candidates in the written examination and in
the interview·were aggregated and a consolidated merit list of
the 83 candidates wa prepared in the order of merit on the basis
of the aggregate marks. It contained (i) the registration number,
(ii) the names of the candidates, (iii) reservation catego1y, (iv) G
.rJ marks secured in the written examination out of 100 marks, (v)
!
..... marks secured in the interview out of 25 marks, and (vi) the
--I
I&/ total marks secured in the written examination and interview
out of 125. Thereafter, five more merit lists in respect of
categories BC-A, BC-B, BC-D, SC and ST were prepared. On H
~
1036 SUPREME COURT REPORTS [2008] 2 S.C.R.
·~

A the basis of the said lists, the Interview Committee finalized the -
following list of candidates to be recommended for appointment
~..
-...
as per merit and reservation, and submitted to the Administrative
committee with a report dated 3.4.2006 : I
._
i,
DISTRICT AND SESSIONS JUDGES GRADE-II
B '
EXAMINATION
'
\
(LIST OF CANDIDATES TO BE RECOMMENDED FOR ~"'r·
•
APPOINTMENT) :•
51. Regn. Name of the Category Written Interview Total
c No Number candidate Exam. (out of marks
(out of 25) (for
100) 125) '
'!
01 1859 Smt.Venkata oc 72 9.6 81.6
Jyothrimayee I.._
D 02 ·1775 Smt. C.Sumalatha oc 61 19.4 ·80.4
l
03 1073 Smt.k.Manju Sree oc 68.5 10.6 79.1 ~- r
04 1694 A.Harl Haranatha Sarma oc 64.5 14.4 78.9
05 1009 Smt. G.Anupama BC(A) 51 8.6 59.6
E Chakravarthy
06 1590 Smt. V.B.Nirmala BC(B) 59.5 16.4 . 75.9
Geethamba
07 1059 M.Lakshman BC(D) 59 8.2 67.2
F 08 1176 BSV. Prakash Kumar SC 49 10 59
09 2336 Smt. Girija M. SC 48 8.4 56.4
Priyadarshani
10 1220 N.Tukaramji ST 36.5 11.4 47.9
G
6. The Administrative committee considered the report,
the merit list and list of recommended candidates proposed by
the interview and by resolution dated 4.4.2006 approved the
selection of the said ten candidates and directed the said 'select
H list' be placed before the Full Court on 6.4,2006 for its
-{
K. MANJUSREE v. STATE OF A.P. & ANR. 1037
[R.V. RAVEENDRAN, J.]
- ,,, consideration. A
lllf
7. The Full Court considered the resolutions of the
Administrative committee dated 30.11.2004 and 4.4.2006 and
the record of selection. The Full Court impliedly approved the
resolution dated 30.11.2004. But it did not agree with the
selection list prepared by the Interview committee and approved B
T--
by the Administrative committee by resolution dated 4.4.2006.
The Full Court authorized the Chief Justice to constitute a
committee of Judges for preparing a fresh list of candidates to
be recommended for appointment of District & Session Judges
-i
(Grade II). Accordingly, the Chief Justice appointed a sub- c

.
committee of two Judges on 7.4.2006. The said sub-committee
was of the view that the candidates should be evaluated with
reference to written examination marks of 75 and interview
marks of 25 as per the resolution dated 30.11.2004, instead of
being evaluated with reference to written examination marks of D
,_,.,,. 100 and interview of 25, thereby varying the prescribed ratio
between written examination marks and interview marks from
3:1 to 4:1. Therefore, it scaled down the marks obtained by the
candidates in the written examination with reference to a total
of 100, in proportion to a maximum marks of 75. By adding the E
interview marks of 25, the total marks obtained by the
candidates with reference to a total of 100 (as against 125)
were recalculated. The sub-committee was also of the view that
apart from applying the minimum marks for the written
,., examination for determining the eligibility of the candidates to F
> -<-,
appear in the interview the same cut off percentage should be
applied for interview marks, and those who fail to secure such
minimum marks in the interview should be considered as having
failed. As the minimum percentage for passing the written
examination was 50% for open category,_ 40% for backward
G
classes and 35% for SC and ST, only those candidates who
.... secured the minimum of 12.5 marks (open category), 10 marks
_.. (BC candidates) and 8.75 marks (SC & ST candidates) were
considered as having succeeded in the interview. Consequently,
only 31 candidates were found to have qualified both in the
H
1038 SUPREME COURT REPORTS [2008] 2 S.C.R.

A written examination and interview and a revised merit list was
prepared pruned down to 31 successful candidates. On that
basis, nine candidates were recommended for appointment as
follows:
DISTRICT AND SESSIONS JUDGES GRADE -II
B EXAMINATION, 2005
(LIST OF CANDIDATES TO BE RECOMMENDED FOR .•.:'"r

APPOINTMENT)
SI. Regd. Name of the Category Marks in lntetview Total
c No No. candidate Written (out of marks
Exam.(out 25) (out of
of75) 100)
1 1775 Smt.C. Sumalatha oc ~5.75 19.4 65.15

D 2 1117 Smt. G.Radharani oc 46.87 16 62.87
3 1694 A.Hari Haranadha oc 48.37 14.4 62.77
Sarma
4 1590 Smt. V.B.Nirmala OC(W) 44.62 16.4 61.02
Geethamba (BC.B)
E
5 1186 K.Sreenivas BC.D 38.25 12.6 50.85
6 1072 Smt.P. Manjula Devi BC.B(W) 33.75 13.2 46.95
7 1176 BSV. Prakash Kumar SC 36.75 10 46.75
8 1151 Smt. M.Renuka BC.A(W) 30 14 44
F
9 1220 N.Tukaramji ST 27.37 11.4 38.77

One vacancy relating to 'Scheduled Caste (Women)' was
left unfilled as there was no qualified candidate.
G 8. The said report and the selection list were considered
by the Full court on 28.4.2006 and it was resolved to accept the
names of the aforesaid nine candidates in the said list to the
State Government for appointment. The second list contained ,._
the names of 5 out of 10 candidates recommended in the first
H list (SI. Nos.2,4,6,8 and 10 in the first list were SI. Nos.1,3,4,7
I
+
K. MANJUSREE v. STATE OF A.P. & ANR. 1039
[R.V. RAVEENDRAN, J.]
-,,,J
Ct and 9 in the second list). Five candidates in the first list (SI. A
Nos.1,3,5, 7 and 9 in the first list) got eliminated as they failed to
secure the minimum marks in the interview and four fresh
candidates entered the second list (SI. Nos.2,5,6 and 8 in the
second list). No candidate was selected under the category SC
~
(Woman) as no candidate of that category secured the minimum B
marks in the interview.
' 9. Two of the candidates whose names were found in the
first list and who got excluded in the second list namely
K. Manjusri (Sl.No.3) and M. Lakshman (SI. No. 7) filed
W.P.Nos.10061/2006 and 10062/2006 in the High Court praying c
for a declaration that the action of the High Court in preparing

- ,.._
the selection list by prescribing minimum qualifying marks for
the interview was arbitrary and illegal and seeking a direction
to the High Court to redraw the selection list without adopting
minimum qualifying marks for the interview. The said writ D
r petitions were dismissed by the High Court by a common
judgment dated 30.10.2006.
Civil Appeal arising from SLP [C] No.18330/2006
10. This appeal is by K.Manjusri whose name was found E
in the first list. She contended that the minimum marks for
interview not having been prescribed either under the rules or
by the resolution dated 30.11.2004 by the Administrative

- I
_.,.,..
committee, the action of the Full Court altering the norms for
selection by introducing minimum marks for interview, after
completion of the selection process, would amount to changing
the rules of the game, not only after the game was started but
after the game was played.
F

11. Several applications for impleadment filed by the
selected/non-selected candidates have been ordered to be G
heard along with the main matter. IA No.2 was filed by
A.Hariharanatha Sarma, N.Thukaramji, V.B.Nirmala Geethamba
.......
4 and BSV Prakash Kumar whose names were found in both the
first and second lists. IA Nos.3 and 5 are filed by G.Anupama

- Chakravarthy and P.Venkata Jyothirmai who were .at Sl.Nos.5 H
~-
\

1040 SUPREME COURT REPORTS [2008] 2 S.C.R.

A and 1 in·the first list (whose names were omitted in the second ~- ~
list). IA No.4 is filed by G.Radha Rani, K.Sreenivas and
M.Renuka whose names are found in the second list at
Sl.Nos.2,,5,6 and 8. They were also heard. While the applicants
in IA Nos.2,3 and 5 have supported the contentions urged by
B the appellant, the applicants in IA No.4 have contended to the
contrary.
.;-

SLP [CJ No.(CC Nos.s7188-89/2007J
12. One E.Thirumala Devi whose .name is found neither in
c the first list nor in the second list has filed this SLP. She was not
a party in the writ petition before the High Court and has filed

-
this SLP with an application seeking permission to file the SLP
and for COl)doning the delay of 192 days in filing the SLP. She I

has contended that applying the criterion of minimum qualifying '
marks in the interview, without notifying the same to the
D
candidates was violative of principles of natural justice. She has _,.._
contended that the selection procedure was illegal and therefore \

the entire selection process should be scrpped and High court
should be directed to hold. fresh selections.
/

,E Writ Petition [CJ No.51 /2007
13. The petitioner Girija M.Priyadarsini, (whose name was
in the first list of selected candidates, under the category 'SC-
Woman') has contended that minimum qualifying marks could
not be applied for interviews. She further contended that even if
F resolution dated 30.11.2004 of the Administrative committee is
construed as prescribing minimum marks for interview, such
~,,.... ...
minimum marks would be applicable only in regard to open
category, backward classes and scheduled Tribes, but not t~
Scheduled ·Castes. She submits that the resolution dated
G 30.11 .. 2004 merely adopts what was prescribed earlier, that is_
what was resolved earlier on 24.7.2001 and 21.2.2002. She -<
points out the said resolutions did not prescribe any minimum
marks in respect of Scheduled Caste candidates; and that "
therefore, she was entitled to be selected, to the post reserved
H for 'Scheduled Caste (Woman).
i )

i!"
K. MANJUSREE v. STATE OF A.P. & ANR. 1041
[R.V. RAVEENDRAN, J.]
-~ Writ Petition [C] No.97/2007 A
14. The petitioner Kaki Shanti Kumar is a Scheduled Caste
candidate. He was not one of the selected candidates either in
the first list or in the second list. According to him, having regard
to, the policy of the State Government conlained in the
notifications dated 9.1.2004 and 17.2.2005, if any post B
/"- earmarked for 'Scheduled Caste-Woman' cannot be filled for
want of suitable candidate, such post should be filled by a
Scheduled Caste-male candidates, by transferring the post to
SC (General). He claims that the post left unfilled earmarked
form 'SC - Woman' should have been treated as 'SC - General' c
vacancy and he ought to have been selected for that post.
Questions for consideration
•
'
15. On the contentions urged, the following questions arise
for consideration : D
r" (i) What was the procedure (method and manner of
selection) prescribed by the Administrative committee for
filling the posts advertised on 28.5.2004?
(ii) Whether the list prepared by the Interview Committee E
and approved by the Administrative committee suffered
from any error, irregularity or illegality?
(iii) Whether the procedure adopted by the Full Court in
preparing the fresh selection list by applying the
' ,,~
requirement of minimum marks for interview also, is legal F
and valid?
Re : Question (i)
16. The Rules did not prescribe any procedure for
s~lection. When the posts were advertised, the only criterion G
...... for selection that was mentioned was that the selection will be
by holding a written examination followed by an interview. The
manner of holding written examinations and interviews, the
marks for written examination and interview, whether the
candidates should secure any minimum marks in the written H
·i-
1042 SUPREME COURT REPORTS [2008] 2 S.C.R.

~-
A examination and/or interview, were all yet to be decided.
17.As per the practice followed by the High Court (standing
orders referred to above) the entire process of recruitment of
Distrit Judges was to be dealt with by the Administrative
Committee and the decisions of the Administrative Committee
B were placed before the Full Court for its consideration and
..-T.
approval. The Administrative Committee at its meeting held on
30.11.2004 considered the method and manner of recruitment
to be adopted in regard to the said recruitment and took the
following three decisions : (i) that the written examination will be
c held on 30.1.2005 sim_ultaneously at four centres; (ii) that the
marks for the written examination shall be 75 and for oral
examination 25; and (iii) that the "minimum qualifying marks for
QC/BC/SC/ST shall be as prescribed earlier". The first two
I
decisions are self contained and clear. In regard to the third
D decision, it becomes necessary to ascertain what was the
minimum qualifying marks for QC/BC/SC/ST which had been
prescribed earlier. There was no general prescription of
guidelines or norms or criteria for holding the written examination
and interview marks therefore. The procedure to be applied in
E .regard to each recruitment was laid down separately by the
Administrative Committee as and when the recruitment was
done. When the Administrative Committee decided on t
I
30.11.2004 that the minimum qualifying marks for QC/BC/SC/

F
ST shall be as prescribed earlier it obviously referred to what
was prescribed when the previous recruitment was made in
2001-2002. The High Court has produced the relevant minutes
·1'~-
-
relating to such earlier recruitment. It is seen that the
Administrative committee had laid down the following method
and manner for the recruitment of six posts of District & Session
Judges (Grade II) by its resoluti'on dated 24.7.2001 (approved
G
by the Full court on 16.8.2001) : -t

"Considered and resolved that the mode of examination
be by way of written test 'for 75 marks and oral interview
for 25 marks and the minimum qualifying marks for open
H category is 50 marks, for Backward Classes (B.Cs) 40
104~
.. -~
K. MANJUSREE v. STATE OF A.P. & ANR.
[RV. RAVEENDRAN, J.]

marks and Scheduled Tribes (S.Ts) 35 marks in the written A
examination and the same ratio-will apply for oral interview
also."
The minimum qualifying marks for the written examination
was subsequently amended/corrected by Administrative
committee at its meeting held on 21.2.2002 (approved by Full B
!~ ....
Court on 6.3.2002) as follows :
"Considered and resolved to correct the typographical
error occurred in the resolution of the Administrative
Committee Meeting held on 24 .. 7.2001 mentioning 50 c
~
marks, 40 marks and 35 marks instead of 50 percent, 40
percent and 35 percent i.e. the minimum qualifying
marks for Open Category is 50 percent, for Backward
classes (B.Cs) 40 percent and Scheduled Tribes
(S.Ts) 35 percent in the written examination."
D
18. Let us try to ana~se and find out the combined effect
of the rsolutions dated 24.7.2001and21.2.2002. The resolution
dated 24.7.2001 prescribed the following marks for the written
examination and the interview:
(a) The marks for written examination was 75 marks and E
the minimum qualifying marks was 50 marks for open category,
40 marks for backward classes and 35 marks for Scheduled
Tribes;
I
~
~ (b) The marks prescribed for interview was 25 marks and F
the minimum qualifying marks for interview was 16.67 marks
for open category, 13.33 marks for Backward Classes, and
11.67 marks for Scheduled Tribes (by applying the ratio that
was prescribed for written examination).

...,.. The resolution dated 24. 7.2001 was amended on G
21.2.2002 and i~ was decided to have only minimum qualifying
marks in the written test and not for the oral examination. This is
evident from the subject placed for consideration on 21.2.2002
and the resolution on the subject. The subject for consideration
was : "Minimum qualifying marks in the written examination". H
-~
\

1044 SUPREME COURT REPORTS [2008] 2 S.C.R.

A The resolution stated that the minimum qualifying marks was
50% for open category, 40% for Backward Classes and 35%
~- ·-
for Scheduled Tribes in the written examination". It did not
prescribe any minimum for the interviews. Nor was it understood
as prescribing any minimum marks for the interview. That the
B Administrative committee and Full Court intended and in face
proceeded on the basis that there would be no minimum marks
~'"'"
for the interview is evident from the fact that in regard to
recruitment of 6 posts in 2001-2002, the minimum qualifying
marks of 50%, 40% and 35% were applied only for the written
c examination and no minimum qualifying marks were applied in
respect of interviews. We are informed that for the 2001-2002
selections, the procedure adopted was that all candidates who ·"
passed the written examination by securing the minimum marks
were called for interview and the interview marks were added
to the written examination marks for the purpose of preparing
D
the merit list and for the purpose of selection. No minimum marks
"-~
were applied for interview and no candidate was excluded on
the ground of not securing any minimum marks in the interview.
It is also not in dispute that even in the earlier selections (held
prior to 2001-2002) the High Court had applied minimum marks
E for interviews. Therefore the only inference is that when the
Administrative Committee resolved on 30.11.2004 that the
minimum qualify[ng marks for QC/BC/SC/ST shall be as
prescribed earlier what it meant and provided was that there
will be minimum qualifying marks for the written examination
F only, that is 50% for OC, 40% for BC and 35% for ST. It may ~-
4m

however be mentioned that though minimum of 35% was
prescribed only for ST candidates in regard to 2001-2002
selections, that percentage was adopted and applied in the
written examination for both SC and ST candidates by th.e
G resolution dated 30.11.2004.
19. The Administrative Committee of the High court (Chief
Justice and five senior Judges) as also the Interview Committee
consisting of five Judges (the Chief Justice and four other
Judges) all along intended, understood and proceeded on the
H
-f, ,

K. MANJUSREE v. STATE OF AP. & ANR. 1045
[RV. RAVEENDRAN, J.]
- )J basis with reference to the current selection that minimum A
percentage was applicable only to written examination and not
for interviews. This is evident from the manner in which interviews
were conducted and merit list and selection list were prepared
by the Interview Committee and approved by the Administrative
Committee. This shows that the Interview Committee conducted 8
the interviews on 13th, 14th, 16th, 17th, 1ath, 20th, 24th and 31st of
.,.._
March, 2006 on the understanding that there were no minimum
marks for interviews, that the marks awarded by them in the
interview will not by itself have the effect of excluding or ousting
any candidate from being selected, and that marks awarded by c
them in the interviews will merely be added to the written
examination marks, for preparation of the merit list and

.. selection. We are referring to this aspect, as the manner of
conducting interviews and awarding marks in interviews, by the
five members of the interviewing committee would have been
D
markedly different if they had to proceed on the basis that there
..,.,,,..
were minimum marks to be secured in the interview for being
considered for selection and that the marks awarded by them
would have the effect of barring or ousting any candidate from
being considered for selection. Thus, the entire process of
selection - from the stage of holding the examination, holding E
interviews and finalizing the list of candidates to be selected -
was done by the Selection committee on the basis that there
was no minimum marks for interview. To put it differently the

. ~
game was played under the rule that there was no minimum
marks for the interview. F

20. Shri P. P. Rao, learned senior counsel appearing on
• behalf of the High Court submitted that the Resolution dated
21.2.2002 merely corrected a typographical error in the
Resolution dated 24.7.2001, regarding minimum marks relating
G
.,.. to written examination, and the last portion of the Resolution
dated 24.7.2001, relating to interviews, (that is, the portion
reading "and the same ratio will apply for oral interview also")
remained unaltered. According to him, when the Administrative
Committee passed the Resolution dated 21.2.2002 in regard
H
1046 SUPREME COURT REPORTS [2008] 2 S.C.R.

A to the earlier selection and again passed the resolution dated
30.11.2004 in regard to the current selection, to conduct the
~xamination with minimum qualifying marks as prescribed
earlier, the intention was to have minimum marks both for written
examination and the interview. We have already examined the
B resolutions dated 24.7.2001 and 21.2.2002 and held that the
combined effect was to apply minimum percentage to only ;"'r'

written ·examination and not for the interview. However, to test
the correctness of his contention.we asked the learned counsel
for the High Court to explain why the 2001-2002 selections were
c done without applying minimum marks for interview. He was
not in a position to explain why the 2001-2002 selections were
made without applying any minimum marks for the interviews, if
the resolutions dated 24.7.2001 and 21.2.2002 had really
provided that there should be a minimum marks for the interview.
The only explanation was that it was due to some oversight or
0
mistake. The said explanation is neither satisfactory nor valid.
"""T
Re : Question (ii)
21. The merit list and selection list prepared by the Interview
E Committee and approved by the Administrative Committee, on
the basis that there was no minimum marks for interview,
however, contained one error. The inter se merit of the
candidat~s were prepared with reference to a total of 125 marks,
comprising 100 for the written examination and 25 for the
interview. But the Administrative Committee had clearly resolved
F on 30.11.2004 that evaluation of performance should be with ~ "'
reference to a maximum marks of 75 for written examination
and 25 for interview. The written examination was however,
conducted with reference to a question paper set for a maximum
of 100 marks. The interviews, of course, were held with
G reference to maximum of 25 marks. Therefore, it was necessary
to scale down the marks secured by the candidates in the written -....
examination (with reference to a maximum of 100 marks)
proportionately to arrive at the marks with reference to a
maximum of 75 marks so that the ratio of maximum marks in
H written examination and interview would be 3:1. If the maximum
... t
K. MANJUSREE v. STATE OF A.P. & ANR. 1047
---- [RV. RAVEENDRAN, J.]

marks for the written examination was 100 and for ~he interview A
-.-Y
was 25, then the ratio between the marks for written examination
and interview would be 4: t, thereby altering the prescribed
marks, after the selection process had begun. We are, therefore,
of the view that the first list requested an arithmetical correction,
that is, scaling down of the written examination marks to three- B
fourth of what was secured by them with reference to a maximum
,~ of 100 marks, so that the ratio of 3:1 could be maintained in
respect of the marks for written examination and interviews.

Re : Question (iii)
c
,.. 22. When the Administrative Committee placed the merU
lists and Selection List before Full Court, apparently objections
were raised on two grounds. One related to the failure to provide
_.., the minimum of 50%, 40% and 35% marks for interviews, on
the interpretation of resolution dated 30.11.2004 read with earlier
D
resolutions dated 24.7.2001 and 21.2.2002. The second
-./• objection was that even though the Administrative Committee
had resolved that the marks for written examination would be
75 and interview would be 25, at the time of tabulating the marks,
the marks secured (out of 100 marks) in the written examination
had been taken into account without scaling it down with E
reference to a maximum of 75 marks. The Full Court therefore,
appointed a Sub-Committee of two Judges to examine the
matter and prepare a fresh merit list and selection list. The Sub-

.. Committee examined the matter and submitted a revised merit
list by incorporating two changes. Firstly, while tabulating the .-F

""" marks, it scaled down the marks secured by the candidates in
the written examination with reference to a maximum of 100
marks, in proportion to a maximum of 75 marks so that the final
marks were with reference to a base of 75 marks for written
examination and 25 marks for interview as resolved on G
30.11.2004. Secondly, it applied the minimum percentage of
~
50%, 40% and 35% for OC, BC, SC/ST even in regard to
interviews and consequently, eliminated those who secured less
than the minimum in the interview from the process of selection.
The final selection list was prepared with reference to the fresh H
1048 SUPREME COURT REPORTS [2008] 2 S.C.R.

A merit list prepared by incorporating the said two changes. ~-

23. As far as the first chang~ is concerned, we have already
held that scaling down in unexceptional as it is in consonance
with the criteria decided by the Administrative Committee on
30.11.2004 before commencing the selection process.
B
24. But what could not have been done was the second
change, by introduction of the criterion of minimum marks for
the interview. The minimum marks for interview had never been
adopted by the Andhra Pradesh High Court earlier for selection
c of District & Sessions Judges, (Grade II). In regard to the present
selection, the Administrative Committee merely adopted the
previous procedure in vogue. The previous procedure as stated
above was to apply minimum m arks only for written examination
and. not for the oral examination. We have referred to the proper
interpretation of the earlier resolutions dated 24.7.2001 and
0
21.2.2002 and held that what was adopted on 30.11.2004 was
only minimum marks for written examination and not for the
interviews. Therefore, introduction of the requirement of
minimum marks for interview, after the e'ntire selection process
(qonsisting of written examination and interview) was completed,
E would amount to changing the rules of the game after the game
was played which is clearly impermissible. We are fortified in
this view by several decisions of this Court. It is sufficient to
refer to three of them - P. K. Ramachandra Iyer v. Union of
India - 1984 (2) sec 141 Umesh Chandra Shukla v. Union
I

F of India - 1985 (3) SCC 721, and Durgacharan Misra v. State
of Orissa - 1987 (4) SCC 646.
25. In Ramachandra Iyer (supra), this Court was
considering the validity of a selection process under the ICAR
G Rules, 1977 which provided for minimum marks only in the
written examinatipn and did not envisage obtaining minimum_
marks in the interview. But the Recruitment Board (ASRB)
prescribed a further qualification of obtaining minimum marks
in the interview also. This Court observed that the power to
prescribe minimum marks in the interview should be expli.cit
H
,__

-- K. MANJUSREE v. STATE OF A.P. & ANR.
[R.V. RAVEENDRAN; J.]
1049

~ and cannot be read by implication for the obvious reason that A
such deviation from the rules is likely to cause irreparable and
• irreversible harm. This Court held that as there was no power
under the rules for the Selection Board to prescribed the
additional qualification of securing minimum marks in the
interview, the restriction was impermissible and had a direct B
impact on the merit list because the merit list was to be prepared
~y~
according to the aggregate marks obtained by the candidates
at written test and interview. This Court observed:
"Once an additional qualification of obtaining minimum
marks at the viva voce test is adhered to, a candidate who c
may figure high up in the merit list was likely to be rejected
on the ground that he has not obtaining minimum qualifying
marks at viva voce test. To illustrate, a candidate who has
obtained 400 marks at the written test and obtained 38
marks at the viva voce test, if considered on the aggregate D
.,,_ of marks being 438 was likely to come within the zone of
selection, but would be eliminated by the ASRB on the
ground that he has not obtaining qualifying marks at viva
voce test. This was impermissible and contrary to rules
and the merit list prepared in contravention of rules cannot E
be sustained."
26. In Umesh Chandra (supra), the scope of the Delhi
Judicial Service Rules, 1970 came up for consideration. The
rules provided that those who secured the prescribed minimum
. ~ qualifying marks in the written examination will be called for viva F
'
='
voce; and that the marks obtained in the viva voce shall be added
to the marks obtained in the written test and the candidate's
ranking shall depend on the aggregate of both 27 candidates
were found eligible to appear for viva voce on the basis of their

- .._
having secured the minimum prescribed marks in the written · G
examination. The final list was therefore, expected to be
prepared by merely adding the viva voce marks to the written
examination marks in regard to those 27 candidates. But the
final list that was prepared contained some new names which
were not in the list of 27 candidates who pas~ed the written H
~
1050 SUPREME COURT REPORTS [2008] 2 S.C.R.
--....
A examination. Some names were omitted from the list of 27
candidates who passed the writte.n examination. It was found ~
that the Selection Committee had moderated the written
· examination marks by an addition of 2% for all the candidates,
as a result of which some candidates who did not get through
B. the written examination, became eligible for viva voce and came
into the list. Secondly, the Selection Committee prescribed for
selection, a minimum aggregate of 600 marks in the written
i=
Jr•
examination and viva voce which was not provided in the Rules
and that resulted in some of the names in the list of 27 being
c omitted. This Court held neither was permissible. Dealing with
the prescription of minimum 600 marks in the aggregate this
Court observed :
"There is no power reserved under Rule 18 of the Rules
for the High Court to fix its own minimum marks in order
D to include candidates in the final list. It is stated in paragraph
7 of the counter-affidavit filed in Writ Petition 4363 of 1985
that the Selection Committee has inherent power to select ~.
candidates who according to it are suitable for
appointment by prescribing the minimum marks which a
E candidate should obtain in the aggregate in order to get
into the Delhi Judicial Service ...... But on going through
the Rules, we are of the view that no fresh disqualification ~

or bar may be created by the High Court or the Selection '
Committee merely on the basis of the marks obtained at
F the examination because clause (6) of the Appendix itself
has laid down the minimum marks which a candidate
~
should obtain in the written papers or in the aggregate in
order to qualify himself to become a member of the Judicial
Service. The prescription of the minimum of 600 marks in·
the aggregate by the Selection Committee as an addition
G
requirement which the candidate has to satisfy amounts
to an amendment of what is prescribed by clause (6) of
the Appendix ........ We are of the view that the Selection
....
Committee has no power to prescribe the minimum marks
which a candida'te should obtain in the aggregate different
H
~~
K. MANJUSREE v. STATE OF AP. & ANR. 1051
[R.V. RAVEENDRAN, J.]

from the minimum already prescribed by the Rules in its A
~ Appendix .. We are, therefore, of the view that the exclusion
of the names of certain candidates, who had not secured
600 marks in the aggregate including marks obtained at
the viva voce test from the list prepared under Rule 18 of
the Rules. is not legal." 8
. ,,.. 27. In Durgacharan Misra (supra), this Court was
con~idering the selection under the Orissa Service Rules which
did not prescribe any minimum qualifying marks to be secured
in viva voce for selection of Munsifs. The rules merely required
that after the viva voce test the State Public Service Commission c
shall add the marks of the viva voce test to the marks in the
written test. But the State Public Service Commission which
was the selecting authority prescribed minimum qualifying
marks for the viva voce test also. This Court held that the
Commission had no power to prescribe the minimum standard D
at viva voce test for determining the suitability of candidates for
~
~ appointment of Munsifs.
28. In Maharashtra State Road Transport Corporation v.
Rajendra Bhimrao Mandve -. 2001 (10) SCC 51, this Gou.rt
observed that 'the rules of the game, meaning thereby, that the E I

criteria for selection cannot be altered by the authorities
concerned in the middle or after the process of selection has
commenced.' In this case the position is much more serious.
Here, not only the rules of the game were changed, but they
I# were changed after the game has been played and the results F
~
--< of the game were being awaited. That is unacceptable and
impermissible.

29. The resolution dated 30.11.2004 merely adopted the
--l procedure prescribed earlier. The previous procedure was not
G
to have any minimum marks for interview. Therefore, extending
> the minimum marks prescribed for written examination, to
interJiews, in the selection process is impermissible. We may
clarify that prescription of minimum marks for any interview is
not illegal. We have no doubt that the authority making rules
H
~t·
1052 SUPREME COURT REPORTS [2008] 2 S.C.R.
~

I
f.-
A regulating the selection, can prescribe by rules, the minimum
~)
marks both for written examination and interviews, or prescribe
minimum marks for written examination but not for interview, or
may not prescribe any minimum marks for either written
examination or interview. Where the rules do not prescribe any
B procedure, the Selection Committee may also prescribe the
minimum marks, as stated above. But if the Selection 'r-
Committee want to prescribe minimum marks for interview, it ~-
,'--

should do so before the commencement of selection process.
If the selection committee prescribed mJnimum marks only for
c the written examination, before the commencement of selection
process, it cannot either during the selection process or after
the selection process, add an additional requirement that the
candidates should also secure minimum marks in the interview.
What we have found to be illegal, is changing the criteria after
completion of the selection process, when the entire selection ...
D
proceeded on the basis that there will be no minimum marks
for the interview. -"
T"

30. It was submitted that Administrative Committee and
Interview Committee were only delegates of the Full Court and
E the Full Court has the absolute power to determine or regulate
the process of selection and it has also the power and authority
to modify the decisions of the Administrative Committee. There
can be no doubt about the proposition. The Administrative

.,
Committee being only a delegate of the Full Court, all decisions
F and resolutions of Administrative Committee are placed before
~
the Full Court for its approval and the Full Court may approve,
modify or reverse any decision of the Administrative Committee.
r-
'
For example when the resolution dated 30.11.2004 was passed
it was open to the Full Court, before the process of selection
began, to either specifically introduce a provision that there
G
should be minimum marks for interviews, or prescribe a different
ratio of marks instead of 75 for written examination and 25 for -<
interview, or even delete the entire requirement of minimum
marks even for the written examination. But that was not done.
The Full Court allowed the Administrative Committee to
H
..____
-+
K. MANJUSREE v. STATE OF A.P. & ANR 1053

.
[R.V. RAVEENDRAN, J.]
.

determine the method and manner of selection and also allow~d A
it to conduct the examination and interviews with reference to
the method and manner determined by the Administrative
Committee. Once the selection process was completed with
reference to the criteria adopted by the Administrative
Committee and the results were placed before it, the Full Court B
did not find fault with the criteria decided by the Administrative
Committee (as per resolution dated 30.11.2004) or the process
of examinations and interviews conducted by the Administrative
Committee and Interview Committee. If the Full Court had found
that the procedure adopted in the examinations or interviews c
was contrary to the procedure prescribed, the Full Court could
have set aside the entire process of selection and directed the
Administrative Committee to conduct a fresh selection. The
resolution dated 30.11.2004 was approved. It did not find any
irregularity in the examination conducted by the Administrative
0
Committee or the interviews held by the Selection Committee.
The assessment of performance in the written test by the
candidates was not disturbed. The assessment of performance
in the interview by the Selection Committee was not disturbed.
The Full Court however, introduced a new requirement as to
minimum marks in the interview by an interpretative process E
·which is not warranted and which is at variance with the
interpretation adopted while implementing the current selection
process and the earlier selections. As the Full Court approved
the resolution dated 30.11.2004 of the Administrative Committee .
and also decided to retair:i the entire process of selection f
consisting of written examination and interviews it could not have
introduced a new requireme~t c;>f minimum marks in interviews,
which had the effect of eliminating candidates, who would
otherwise be eligible and suitable for selection. Therefore, we
hold that the action of Full Court in revising the merit list by G
adopting a minimum percentage of marks for interviews was
impermissible.
31. The Division Bench of the High Court while considering
the validity of the second list, has completely missed this aspect H
+
1054 SUPREME COURT REPORTS [2008] 2 S.C.R.

A of the matter. It has proceeded on an erroneous assumption ~
that the resolution dated 30.11.2004 of the 'Administrative ~

Committee prescribed minimum marks for interviews.
Consequently, it erroneously held that the Administrative
Committee had .acted contrary to its own resolution dated
B 30.11.2004 in not excluding candidates who had not secured
the minimum marks in the interview and that the Full Court had
~,

merely corrected the wrong action of the Administrative
· Committee by drawing up the revised merit list by applying
marks for interview also. The decision of the Division Bench
c therefore, cannot be sustained.
ll
CONCLUSION
32. We therefore,Jind that the judgment of the Division
Bench of the High Court.has to be set aside with a direction to
0 the AP High Court to redraw the merit list without applying any
minimum marks for interview. The merit list will have to be
prepared in regard to 83 candidates by adding the marks ""'T

secured in written examination and the marks secured in the
interview. Thereafter, separate lists have to be prepared for each
reservation category and then- the final selection of 1O
E candidates will have to be made. The scaling down of the written
examination marks with reference to 75 instead of 100 is
however, proper.
33. In view of our said decision, WP(C) No.51/2007 and
F WP(C) No.97/200'7 do not survive for consideration. As a ...:;;;
~
candidate is available under the category of SC (Woman) and
she will be selected, the question of considering whether that
post should be transferred to SC (General) does not arise.
34. The SLP by Thirumala Devi is not maintained. She
G was not a selected candidate, either in the first list or second
list. She did not challenged the process of selection by filing a --<
wr-it petition. She was not a party to the writ petitions. She is in
no way aggrieved as she will not be selected, by adopting either
method. There is also a delay of 190 days. Therefore, the said
H SLP is liable to be rejected on the ground of delay and on .the
+ K. MANJUSREE v. STATE OF A.P. & ANR.
[R.V. RAVEENDRAN, J.]
1055

ground it is not maintainable. A
-'>I
'
35. In view of the above, we dispose of the matter as follows:
, (i) The application for impleadment (IAs 2, 3, 4 & 5 filed in
SLP(C) No.18330/2006) are allowed. ·
(ii) The civil appeal filed by K. Manjusree is allowed and B
the judg01ent of the High Court is set aside. The High Court is
1"' directed to prepare a fresh merit list in regard to 83 candidates
with reference to their marks in written test and interview without
applying any minimum marks for interviews and thereafter
finalise the selections in accordance with law. c
(iii) The appointments of five candidates in pursuance of
our interim order need not be disturbed. The said five candidates
will find a place in the selection list even when it is redone, though
their ranks/reservation category may vary. Their rank and
D
seniority· will depend upon the fresh selection list of ten
candidates to be drawn and not on the appointment made in
pursuance of the interim order.
(iv) WP(C) No.51/2007 and WP(C) No.97/2007 are
dismissed. E
(v) The application for permission to file SLP by Thirumala
Devi is rejected. As a consequence SLP (CC) No. 7188-79/
2007 is rejected.
R.P. Matters disposed of. F
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