JUDGMENT Satish Chandra, C. J. - Four young men have filed this petition. At the hearing, Sri M. Katju their counsel, stated that by now petitioner No. 2 is no longer interested in pressing this petition. It was pressed on behalf of the remaining three. 2. The petitioners complain that though they secured more marks in the competitive examination held by the Public Service Commission for appointment of Munsif-Magistrates in this State, yet their names were not recommended for appointment, while many who had secured less marks have been recommended. 3. The dispute relates to the recruitment to the post of Munsifs conducted by a competitive examination held by the Public Service Commission. The petitioners appeared for the written examination held in Feb., 1971. They were amongst those candidates who were called up for viva voce examination which was held in Aug. and Sept., 1971. The Public Service Commission in Oct., 1971 recommended 45 candidates for appointment to the post of Munsif-Magistrates. The petitioners were not amongst them, but respondents 3 to 29 were amongst them. In Nov., 1971 the Public Service Commission sent to the Government another list of 33 candidates for appointment. The petitioners name did not appear in this list as well. In May 1974, the Public Service Commission sent to the Government a list of other 37 candidates for appointment but the petitioners failed to find their names in this list as well. Their complaint is that in all the three lists submitted by the Public Service Commission to the Government, there were candidates who had obtained less marks than the petitioners. Still the petitioners were discriminated against, as their names were not sent. 4. After hearing Sri Katju and the learned standing counsel for the respondents, we are not satisfied that the petitioners have made out a case for interference by this Court. 5. The 1970 examination was held by the Public Service Commission for recruitment of about 35 candidates for the post of Munsif-Magistrates. The examination was held under the U.P. Civil Service (Judicial Branch) Rules, 1951, Rule 18 of these rules prescribed the syllabus for the competitive examination. The first note to Rule 5 of Appendix E stated that the marks obtained in viva voce will be added to the marks obtained in the written papers and the candidates place will depend on the aggregate of both. The first note to Rule 5 of Appendix E stated that the marks obtained in viva voce will be added to the marks obtained in the written papers and the candidates place will depend on the aggregate of both. Rule 19 of the Rules Provided : - "19. List of candidates approved by the Commission. The Commission shall prepare a list of candidates who have taken the examination for recruitment to the service in order of their proficiency as disclosed by the aggregate marks finally awarded to each candidates. If two or more candidates obtain equal marks in the aggregate, the Commission shall arrange them in order of merits on the basis of their general suitability for the service; Provided that in making their recommendations the Commission shall satisfy themselves that the candidate : - (i) has obtained such an aggregate of marks in the written test that he is qualified by his ability for appointment to the service; (ii) has obtained in the viva voce test such sufficiently high marks that he is suitable for the service." 6. Under the proviso, a candidate was required to obtain a minimum number of marks in the written test as well as in the viva voce test. The Public Service Commission had taken a policy decision that a suitable candidate for the Service must obtain a minimum of 35% in the viva voce test. 7. Accordingly the Public Service Commission recommended 45 candidates in Oct., 1971. Each one of them had secured at least 35% marks in the viva voce test. 8. Since the recruitment was held at least for 85 posts the list of 45 candidates was insufficient. In November, 1971 the Government requested the Commission to reconsider its recommendation so that more candidates might be available for appointment to the remaining vacancies. The Commission reconsidered the matter and decided to recommend all candidates who had obtained 35% marks in the written test as well as 35% in the viva voce test separately. On this criteria 33 more candidates became available. On Jan. 24, 1972 the Public Service Commission recommended them to the Government. 9. It may be stated here that it is agreed between the parties that the petitioners had obtained less than 35% marks in the viva voce test. For this reason, they were not found eligible for being appointed. On this criteria 33 more candidates became available. On Jan. 24, 1972 the Public Service Commission recommended them to the Government. 9. It may be stated here that it is agreed between the parties that the petitioners had obtained less than 35% marks in the viva voce test. For this reason, they were not found eligible for being appointed. Hence the Public Service Commission did not recommend their names. 10. By its notification dated Jan. 31, 1972, the State Government amended the service rules. They were henceforward known as U.P. Nyayik Seva Rules. Rule 19 was also amended. The requirement in the second proviso to Rule 19 that a candidate should obtain in the viva voce test sufficiently high marks, was repealed. After the amendment the proviso stated; "Provided that in making their recommendations, the Commission shall satisfy themselves that the candidate has obtained such an aggregate of marks in the written test that he is qualified by his ability for appointment to the service." 11. It is thus apparent that by the amendment it was no longer necessary for the Public Service Commission to prescribe a minimum percentage that a candidate must obtain in the viva voce test separately. 12. It appears that there was great shortage of Munsifs in this State. The State Government constituted a high level committee consisting of the Chief Minister, the Chief Justice of the High Court, Chairman of the Public Service Commission and Secretaries to the Government in the Appointment and Law Departments. The Committee prepared a note and suggested that in view of the acute shortage of the Munsifs, the candidates who had obtained 40% or more marks in the aggregate in the examinations of 1967, 1968, 1969 and 1970 but who could not qualify at the viva voce test might also be recruited since, according to the amended rules, it was no longer necessary that a candidate should qualify in the viva voce test also. It requested the Commission to approve the aforesaid suggestion of the high level committee and make suitable recommendations. The Commission considered the matter and decided to recommend those candidates of 1970 examination whose marks in the aggregate were 40% or more, even though they may have secured less than 35% marks in the viva voce test. The dumber of such candidates was 37. The Commission considered the matter and decided to recommend those candidates of 1970 examination whose marks in the aggregate were 40% or more, even though they may have secured less than 35% marks in the viva voce test. The dumber of such candidates was 37. The Public Service Commission has, in its counter-affidavit, made it clear that all these candidates were of 1970 examination because the applications and the records of the 1967, 1968, and 1969 examinations had been weeded out. Since the petitioners had secured less than 40% marks in the aggregate their names were not recommended. 13. The petitioners counsel does not dispute that the candidates who were recommended by the Public Service Commission in Oct., 1971 and Jan. 1972 had obtained more than 35% marks in the viva voce test. It is further not disputed that the petitioners had secured less than 35% marks in the viva voce test. It is also not disputed that he petitioners had secured less than 40% marks in the aggregate. 14. Rule 19 provided that a candidate should obtain sufficiently high marks in the viva voce test before he can be considered suitable for the Service. The Public Service Commission had prior to the holding of the examination taken a policy decision that 35% will be the minimum for viva voce test. It may be mentioned that this provision of Rule 19 was challenged as invalid in this Court in writ Petn. No. 4051 of 1968 Hori Lal v. Public Service Commission, decided on 7-1-1970. The validity of this provision in Rule 19 was upheld in that decision rendered by a single Judge which decision was upheld by a Division Bench in special appeal. It was held that fixation of 35% as the minimum was within the powers of the Public Service Commission and valid. 15. Learned counsel for the petitioners submitted that the petitioners had obtained higher marks in the aggregate that many of the candidates who had been recommended by the Public Service Commission on different occasions. 16. So long as the second proviso to Rule 19 was there, the Public Service Commission could validly fix the minimum of 35% for viva voce test. The petitioners did not fulfil that criteria, while the others who had been recommended in Oct. 1971 and Jan., 1972 did fulfil. 16. So long as the second proviso to Rule 19 was there, the Public Service Commission could validly fix the minimum of 35% for viva voce test. The petitioners did not fulfil that criteria, while the others who had been recommended in Oct. 1971 and Jan., 1972 did fulfil. The petitioners were not in the same class or group as those recommended by the Commission and hence they cannot validly level the charge of unfair discrimination against the commission. There was nothing inherently invidious or irrational in fixing 35% as the minimum for the viva voce test. Further the fixation by the Commission of 35% for the viva voce test had been upheld by this Court in Horilals case. 17. In spite of the Commission having, recommended 45 candidates in Oct. 1971 and 33 persons in Jan. 1972, the authorities, namely, the Government and the High Court felt that there was still an acute shortage of the Munsifs in the State and that there was need for more appointments. A very high level committee was constituted. It held that, in the circumstances then prevailing, candidates who had obtained at least 40% marks in the aggregate be appointed. The Government communicated the decision of the committee and requested the Public Service Commission to consider it. The Commission considered the matter and accepted the recommendation and recommended another 37 candidates who fulfilled the criteria of having obtained 40% marks in the aggregate. The criteria determined by the high level committee and accepted by the Public Service Commission in 1974 was, in the circumstances, rational and reasonable. It by itself did not suffer from any vice of discrimination, especially when the petitioners have not laid any foundation on facts to show that it was inherently discriminatory. 18. The petitioners grievance may appear apparently plausible but in view of the different criteria adopted in different situations by the Commission the petitioners have not been able to establish the charge of invidious discrimination having been practised against them by the Commission. 19. In the result, the petition fails and is accordingly dismissed, but we make no orders as to costs.