Punjab Civil Service (Judicial Branch) Service Rules, Part Rules fixing 45% as qualifying marks marks-Government 10- fixing 55% for actual selection for appointment-If illegal.

Under the Punjab Civil Service (Judicial Branch) Service Rules, which were applicable in the appellant-State, the State Public Service Commission was to bold an examination and prepare a list strictly in accordance with the marks obtained by the candidates. Under s. 8 of Part C of the Rules, no candidate shall be considered to have qualified unless he obtains 45% marks in the aggregate. Under r. 10, after the list is published in the Gazette, Government was bound to make the selection of the candidates strictly in the order in the list, and intimate the selection to the High Court. When vacancies are to be filled the High Court will send in the names in accordance with, and in the order in, the list, for appointment.

In the present case, it was advertised that the Public Service Commission would hold an examination for recruitment of candidates for 15 vacancies. 40 candidates qualified by scoring 45% or more marks. The appellant selected the first seven who had scored more than 55% marks. The respondent, who ranked 8, 9 and 13 in the list, filed a petition for the issue of a mandamus claiming that since there were 15 vacancies, the appellant was not entitled to fill up only seven. The appellant justified their action on the ground that in the interest of maintaining high standards of judicial competence, they were not prevented from fixing a higher standard while making the actual appointment.