TMI Blog2010 (5) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... articular percentage of marks for viva voce test/interview introduces an element of arbitrariness in the process of selection or gives unbridled power to the recruiting authority/agency to select less meritorious candidates, by and large, the courts have not found any Constitutional infirmity in prescribing of higher percentage of marks for viva voce test/interview for recruitment to judicial services, administrative services and the like. We are of considered view, that earmarking of 200 marks for viva voce test as against 850 marks for written examination does not violate the doctrine of equality embodied in Articles 14 and 16 of the Constitution. We also agree with the High Court that after having taken part in the process of selection knowing fully well that more than 19% marks have been earmarked for viva voce test, the Petitioner is not entitled to challenge the criteria or process of selection. Surely, if the Petitioner's name had appeared in the merit list, he would not have even dreamed of challenging the selection. The Petitioner invoked jurisdiction of the High Court under Article 226 of the Constitution of India only after he found that his name does not fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 662, Ashok alias Somanna Gowda v. State of Karnataka (1992) 1 SCC 28, Raj Kumar and Ors. v. Shakti Raj and Ors. (1997) 9 SCC 527 and Vijay Syal v. State of Punjab and Ors. (2003) 9 SCC 401. 4. In the counter filed on behalf of the State Government, an objection was raised to the locus standi of the Petitioner by asserting that after having participated in the process of selection, he is estopped from questioning the marks prescribed for viva voce test. It was also pleaded that the Commission had recommended the names of 318 candidates to the Department of Personnel and Administrative Reforms and they have already been appointed. 5. By the impugned Judgment, the Division Bench of the High Court non-suited the Petitioner on the ground that he moved the Court after taking a chance for being selected on the basis of the provision which he was seeking to challenge. The Division Bench referred to the Judgment of this Court in Madan Lal v. State of Jammu and Kashimir (1995) 3 SCC 486 and held: In the light of the aforesaid legal position, it has to be held and we do hold that the Petitioner by his conduct has disentitled himself to any relief in the high prerogative jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be applied in the cases involving violation of the rights guaranteed under Part III of the Constitution. He then submitted that the marks prescribed for viva voce test are highly excessive and contrary to the law laid down by this Court in Ashok Kumar Yadav v. State of Haryana (supra). 7. Learned Counsel for the Respondents argued that after having taken a chance to be selected on the basis of criteria specified in Rule 14 read with Appendix-C and the advertisement, the Petitioner cannot turn around and challenge the selection. Shri Jayant Bhushan Responded to this argument by making a statement that his client is not interested in pressing his challenge to the selection as a whole and will feel satisfied if a direction is given to the High Court and the State Government to consider his case for appointment against the available vacancies. 8. We have considered the respective arguments. Rule 14 of the Rules and relevant portions of Appendix-C, which have bearing on the decision of this petition, read as under: 14. The examination shall be held according to the syllabus specified in Appendix `C' to these rules which are liable to alteration from time to time by govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arbitrariness in the process of selection or gives unbridled power to the recruiting authority/agency to select less meritorious candidates, by and large, the courts have not found any Constitutional infirmity in prescribing of higher percentage of marks for viva voce test/interview for recruitment to judicial services, administrative services and the like. 11. In Lila Dhar v. State of Rajasthan and Ors. (1981) 4 SCC 159, a three-Judge Bench rejected the Petitioner's challenge to the recruitment to Rajasthan Judicial Service on the ground prescribed for interview (25%) were highly excessive and observed: Thus, the written examination assesses the man's intellect and the interview test the man himself and the twain shall meet for a proper selection. If both written examination and interview test are to be essential features of proper selection, the question may arise as to the weight to be attached respectively to them. In the case of admission to a college, for instance, where the candidate's personality is yet to develop and it is too early to identify the personal qualities for which greater importance may have to be attached in later life, greater weight has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent policies and selection methods. Both the High Court and the Public Service Commission are independent bodies, outside executive control, occupying special positions and enjoying special status under the Constitution. Neither is an outside agency. Both are well-acquainted with the particular needs of their State and the people. If the Governor, in consultation with the High Court and the Public Service Commission of the State makes rules stipulating seventy-five per cent of the marks for the written examination and twenty-five per cent for the interview-test, on what basis can a court say that twenty-five per cent for the interview-test is on the high side? It must not also be forgotten that the interview test is generally conducted and was, in the present case, conducted by a body consisting of a Judge of the High Court, the Chairman and a Member of the Public Service Commission and a special invitee expert. There can surely be no legitimate grievance or hint of arbitrariness against this body. Yet another factor worthy of consideration is that the candidates expected to offer themselves for selection are not raw graduates freshly out of college but are persons who have already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve one more opportunity to the aggrieved candidates to appear at the competitive examination. In the instant case there has been no allegation of mala fides or arbitrariness against the Commission which held the viva voce test. 13. In Mehmood Alam Tariq and others v. State of Rajasthan and Ors.: (1988) 3 SCC 241, the Court distinguished the earlier Judgments in Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722, Ashok Kumar Yadav v. State of Haryana (1985) 4 SCC 417, relied upon Lila Dhar v. State of Rajasthan and Ors. (supra) and held that prescription of 33% marks for interview for recruitment to the Rajasthan State and Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, Rajasthan Service Rules, 1954, Rajasthan Police Service Rules, 1954, Rajasthan Forest Service Rules, Rajasthan Forest Subordinate Service Rules, 1963 is not violative of Articles 14 and 16 of the Constitution. Some of the observations made in that Judgment are extracted below: On a careful consideration of the matter, we are persuaded to the view that the prescription of minimum qualifying marks of 60 (33 per cent) out of the maximum marks of 180 set apart for the viva voce e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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