TMI Blog2015 (5) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... whether each panelist applied his/her own mind independently - the Government Order dated 3.02.1999 was in continuation of the Government Order dated 23.01.1999, which was superseded expressly by Government Order dated 27.02.1999. The Government Order dated 27.02.1999 did not provide any condition that the marks were to be separately awarded by each interview panelist - it cannot be argued that the Government did not follow the rules framed by itself. It is a settled law that in cases like the present one, where an Executive action of the State is challenged, Court must tread with caution and not overstep its limits. The interference by Court is warranted only when there are oblique motives or there is miscarriage of justice - In the present case, there is no oblique motive or any miscarriage of justice warranting interference by this Court - petition dismissed. - CA NO.6549 OF 2014, 6550, 6551, 6552, 6553, 6554, 6555, 6556-6561 OF 2014 AND CIVIL APPEAL NOS.4327, 4328, 4329, 4330, 4331 and 4332 OF 2015 [@ SLP(C) Nos.29275, 29267, 34936, 35196, 34882 of 2014 and SLP(C) No.2623 of 2015] WP (C) 1057 OF 2014 - - - Dated:- 11-5-2015 - Ranjan Gogoi and Pinaki Chandra Ghose, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... motees quota became 1564. It is to be noted that pursuant to the Division Bench judgment of the High Court of Allahabad in Special Appeal No.1372 of 1999: State of Uttar Pradesh Vs. Ranbir Singh, the Government of Uttar Pradesh created another class of promotees which consisted of 385 Head Constables who were to be promoted directly by virtue of the length of their service without undergoing the selection process. The creation of this class is not contended before us and that controversy is settled by prior litigation. Thus, eventually it appears that total vacancies for people who were to be promoted after the selection process was 1176. The preliminary test was held on 05.09.1999 and the result was announced on 05.11.1999 and those who qualified the preliminary test were permitted to appear in IT/PT which was held in December 1999. The result of IT/PT test was declared on 11.02.2000, which was challenged before the High Court of Allahabad in Writ Petition No.9694/2000: Triloki Nath Pandey and others Vs. State of Uttar Pradesh, and the entire process was stayed till the conclusion of litigation. Thus, at the end of that round of litigation the State of Uttar Pradesh was directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unds: The Division Bench found that the rule of number of candidates being called for interview be not more than four times the number of vacancies was found in 1977 UP Police Regulations and same was superseded by the Government Order of 27.02.1999. The 27.02.1999 order provided that all candidates securing 50% marks in main written exam shall be called for the interview. It further held that once the candidates had participated in the process of selection without raising objections; they could not be allowed to challenge the process at a later stage. With respect to sealed cover procedure, the Division Bench noted that this procedure was a requirement under the order dated 23.01.1999 but not under order dated 27.02.1999. Since the latter specifically superseded the former order, the sealed cover procedure was not requirement as such. The Division Bench, with respect to composite marking in the interview, found that it is for the examining body to decide as to how marking should be done. Separate marking or consolidated marking are two methods of assessment and it is for the examining body to decide, not the Court, which method is preferable. Division Bench further refuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dressed to the Secretary, Police/P.A.C. Recruitment Board, Headquarters, Director General of U.P. Police and directed the Secretary to make arrangements in terms of the procedure set out in the said Order. Then comes the Government Letter dated 03.02.1999, addressed to the Secretary, Police/P.A.C. Recruitment Board, Headquarters, Director General of U.P. Police. This Order directed the Secretary of Recruitment Board to begin the Selection procedure for the 1478 seats of the rank of Sub- Inspectors in Civil Police. We have already mentioned that the number of seats was later reduced to 1176 (for reasons already discussed) and there is no controversy on that. Then comes the Government Order dated 27.02.1999, again addressed to the Secretary, Police/P.A.C. Recruitment Board, Headquarters, Director General of U.P. Police. This order very categorically provided that the Order dated 23.01.1999 is superseded by this Order and it set out a new procedure for selection of the departmental candidates. The procedure provided by this order included a Preliminary Written Examination (objective type), Physical Test and Infantry Test for those who qualify the preliminary examination, main wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Both these provisions provide different requirement for being called for the interview. It was argued that Clause 8 of Government order did not provide the qualification but only eligibility for a candidate to come in the list of interview. However, this contention cannot hold good since the word used in Clause 8 is shall . The rule makes it mandatory to call all those who secure 40% marks separately in each subject and 50% marks aggregate in the written examination to be called for the interview. If both the above quoted rules were to exist, it would create a contradictory situation. Therefore, we find that Regulation 445 cannot be said to prevail over or co-exist with the Government Order dated 27.02.1999, in respect of the number of candidates to be called for interview. Furthermore, we find that there is no rule of law as to the ratio of number of vacancies to the number of candidates for being called for interview; although it may be a rule of prudence. This Court has found in Mohinder Sain Garg Vs. State of Punjab and Ors., (1991) 1 SCC 662, as also in Ashok Kumar Yadav Vs. State of Haryana, (1985) 4 SCC 417, that although it may be improper for the Selection Committee t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsure objectivity. It is required by each member of the interview panel to apply his/her own mind in giving marks to the candidates. The best evidence of independent application of mind by each panelist is that they awarded separate marks. However, if only consolidated marks are awarded at the interview, it becomes questionable, though not conclusive, whether each panelist applied his/her own mind independently. Having said that, we note that this Court cautioned in Lila Dhar Vs. State of Rajasthan and Ors., (1981) 4 SCC 159, that it is not for the Courts to re-determine the appropriate method of selection unless obvious oblique motives are proved in a particular case. Even in Lila Dhar's case (supra), the issue was regarding the marks awarded by the Selection Committee as one consolidated marks; the Court refused to interfere with the appointment process on this ground. Only because the panelists on the interview committee did not award separate marks, cannot be a ground to quash the entire process. Also, with respect to the legal argument that the Government Order dated 03.02.1999 provided that the marks must be separately awarded by interview panelists, we hold that the Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
