those candidates who could not qualify the main written examination, i.e. who did not attain 45% or more marks to qualify for interview. The challenge to the result of the main examination is pressed on four grounds; Firstly that the procedure of evaluation of the answer scripts adopted by the Selection Committee is in contravention to Rule 18 of the U.P. Higher Judicial Services Rules' 1975 (hereinafter referred as Rules' 1975). It is argued that as per Rule 18 of the Rules' 1975 which provides for procedure of selection, the Selection Committee is required to scrutinize the applications received and, thereafter, hold the written examination for judging the suitability of the candidates. Only those candidates are eligible to be called for interview who have qualified for interview, after scrutiny and written examination. The procedure for assessment by way of written examination has been laid down in the Rule itself which provides that the Selection Committee may hold a preliminary examination for judging the suitability of the candidates to be admitted in the written examination as referred in Sub Rule (1). The syllabus of preliminary and main written examination has been provided in Appendix (G) of the Rules' 1975. The qualifying marks in the preliminary examination and the procedure for assessment of suitability of the candidates has been provided in the Rule itself. Sub Rule (2) of Rule 18 laid down the criteria, regard to which is to be taken by the Selection Committee, in assessing the merits of the candidates.
