Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Selection process-Interview test-Validity of-Unsuccessful candidate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law-Selection process-Interview test-Validity of-Unsuccessful candidate--Whether can challenge result of interview test on merits-Held, No--Scope of interference--Extent of.Jammu and Kashmir Civil Service (Judicial) Recruitment Rules of 1967-Rule 10(1)(b)-Selection process-Viva voce examination-Split up of marks on various sub-heads not necessary--Tape recording of questions and answers given at oral interview-Not provided-Effect of.Rule 9-Appointment-Post of Munsiff-Words 'actual practice'-Certificate issued by the concerned District Judge--J & K Public Service Commission not empowered in going behind the certificate. Rule 41-Appointments-Merit list and waiting list-Held, such list will have a life of one year from date of publication or till it is exhausted, whichever is earlier.An advertisement notice issued by the Jammu & Kashmir Public Service Commission in 1993, invited applications for filling up posts of Munsiff in the State of Jammu and Kashmir. The Commission conducted the written examination and thereafter 79 candidates mentioned in the notification were declared to have qualified for viva voce test. That included the petitioners and the respondents. A viva voce test was conducted by four Members of the Commission and an Expert. The petitioners challenged the process of selection, while challenging the selection of the successful respondents. Petitioners alleged that viva voce test was so manipulated that only preferred candidates were permitted to get into the select list, and therefore the selections should be made on the basis of the written test alone or to conduct fresh viva voce test after removing defects in it for assessing the merits of the candidates objectively, that when a candidate is orally interviewed, the members of the. Committee should assign separate marks for the different faculties of the concerned candidate namely, intelligence, general knowledge, etc. as laid down in rule 10(1)(b) of the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules of 1967; that the Expert, namely, the sitting Judge of the High Court was entitled to award only 60 marks for viva voce test while the remaining 80 marks were permitted to be given by other members of the Commission and that affected the overall assessment of the candidates in the viva voce test which as a whole comprised of 140 marks; that there was nothing to show that any tape recording was done regarding the question put to candidates and the answers given by them at the viva voce test and that had vitiated the said test; that the petitioners fared very well in the written test as compared to the selected candidates and still at the viva voce test they were pushed down by assigning very low marks as compared to contesting respondents and thus they were treated unfairly at the said viva voce test; that the viva voce test was conducted in an unfair manner only with a view to select candidates belonging to a particular community; that respondent Nos. 10 and 13 whose names were included in the impugned list of recommended candidates were not eligible to be appointed as Munsiff as they failed to satisfy the eligibility requirement of rule 9 of the rules in as much as they had not put in 2 years of actual practice at the bar by the date he or she submitted application for such recruitment; that the daughter of the Chairman of the Commission and daughter-in-law of another Member thereof was given a special favourable treatment by unduly inflating her marks in the viva voce test; that preparation of the merit list of 16 candidates from general category and 4 candidates from reserved category was in any case bad and violative of rule 41 of the rules as the vacancies for which the advertisement was issued by the Commission were only 11 and requisition was sent by the Government for selection of suitable candidates through the Commission for those vacancies.After petitioners moved this petition, stay of appointments of concerned selected candidates was granted.The respondents comprising of selected candidates as well as the State submitted that there was nothing wrong with the selection process so far as viva voce test was concerned. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1995 INSC 100 |
Petitioner | Madan Lal And Ors. |
Respondent | State Of Jammu And Kashmir And Ors. |
SCR | [1995] 1 S.C.R. 908 |
Judgement Date | 1995-02-06 |
Case Number | 546 |
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