TMI Blog1992 (2) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... n more unfair and unjust are rare but well recognised exceptions to the rule of natural justice. It cannot be equated with where a student is found copying in the examination or an inference arises against him for copying due to similarity in answers of number of other candidates or he is charged with misconduct or misbehaviour. Direction not to write roll number was clear and explicit. It was printed on the first page of every answer book. Once it was violated the issue of bona fide and honest mistake did not arise. Its consequences, even, if not provided did not make any difference in law. The action could not be characterised as arbitrary. It was not denial of equal opportunity. The reverse may be true. The Tribunal appears to have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. L.R. Singh, Advs. with them for the appearing parties. [Judgment per : R.M. Sahai, J.]. Does the rule of natural justice has no exception? Is denial of opportunity of hearing, in every circumstance, arbitrary? The State of Karnataka and the Public Service Commission, through these appeals, seek answer to these questions. They are aggrieved by directions, issued by the Karnataka Administrative Tribunal, to get the answer books of candidates evaluated who in the competitive examinations conducted by the Commission for the State Civil Service for categories A and B post, were guilty of writing their roll numbers not only on the front page of the answer books, in the space provided for it, but even at other places in disregard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below : (xii) The candidates must abide by such instructions as may be specified on the cover of the answer book or any further instructions which may be given by the Supervisor/Invigilator of the Examination. (xiii) If the candidates fail to do so or indulge in disorderly or improper conduct, they will render themselves liable to expulsion from examination and/or such other punishment as the Commission may deem fit to impose." Is the expression, such other punishment as the Commission may deem fit to impose vague and thus arbitrary? We do not think so. Read with clause (xii) it presents no difficulty. It provides action for breach of that which is, clearly, specified. It cannot be characterised as vague. And then any capricious ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is roll number would have approached the examiner. He may have committed a bona fide mistake. But that is not material. What was attempted to be achieved by the instruction was to minimise any possibility or chance of any abuse. Larger public interest demands insistence of observance of instruction rather than its breach. 4. Was natural justice violated? Natural justice is a concept which has succeeded in keeping the arbitrary action within limits and preserving the rule of law. But with all the religious rigidity with which it should be observed, since it is ultimately weighed in balance of fairness, the courts have been circumspect in extending it to situations where it would cause more injustice than justice. Even though the procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite roll number was clear and explicit. It was printed on the first page of every answer book. Once it was violated the issue of bona fide and honest mistake did not arise. Its consequences, even, if not provided did not make any difference in law. The action could not be characterised as arbitrary. It was not denial of equal opportunity. The reverse may be true. The Tribunal appears to have been swayed by principles applied by this Court where an examinee is found copying or using unfair means in the examination. But in doing so the Tribunal ignored a vital distinction that there may be cases where the right of hearing may be excluded by the very nature of the power or absence of any expectation that the hearing shall be afforded. Rule of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny of the candidates might not have availed of their chance in the meantime. They might have become over age. Therefore, we consider it necessary to direct that the Commission shall grant relaxation of age and of chance to be availed, if there is any restriction in this regard, to those candidates whose answer books were not evaluated for the reason that they had violated the instructions and entered their roll numbers inside the answer books. We were informed that there were large number of such candidates. Therefore, this decision will apply to respondents as well as others who appeared in the examination. Relaxation shall be for one chance only to be availed of in the next examination. 9. The appeal Nos. 394-397/91 have been filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
