Harbansh Singh vs State of U.P. and Others

M. Katju, J.—This writ petition has been filed for quashing the Notification No. A-2/E-1/2003 issued by the respondent No. 1 published in Employment News 22-28, November, 2003 vide Annexure-1 to the writ petition in so far as it relates to the holding of the Preliminary and Main Examination for recruitment to the post of Uttar Pradesh Judicial Service Civil Judge (Junior Division) in accordance with the syllabus mentioned, in Schedule II of the said advertisement. The petitioner has also prayed for a writ, order or direction declaring Rule 4 of the Uttar Pradesh Judicial Service (Amendment) Rules, 2003 so far it relates to enhancement of 50 mark in the written paper of the general knowledge and enhancement of 100 marks in language paper.

We are afraid, we cannot issue any such direction as prayed for by the learned counsel for the petitioner. It is not for this Court to prescribe or alter the syllabus of the examination or to interfere in enhancement of the marks in various papers. These are matters for the concerned authority to decide and it is not proper for this Court to interfere in such matter. In U.P. Public Services Commission Vs. Subhash Chandra Dixit and Others, the Supreme Court upheld the scaling system in connection with P.C.S. (J) on the ground that these are matters for the authority concerned to decide and not for this Court. The Court should maintain judicial restraint in such matter vide Tata Cellular Vs. Union of India,

There is no force in this petition. The writ petition is dismissed.