LexASHOK ALIAS SOMANNA GOWDA AND ANR versus STATE OF KARNATAKA BY ITS CHIEF SECY. AND ORS
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-~ __.....( --'I ~ ""' ASHOK ALIAS SOMANNA GOWDA AND ANR. A v. STATE OF KARNATAKA BY ITS CHIEF SECY. AND ORS. OCTOBER 11, 1991 [N.M. KASLIWAL AND M.M. PUNCHHI, JJ.] B Civil Services: Kamataka State Civil Services (Direct Recmitment by Selection) Rules, 1973: Selection of Assistant Engineers-- Keeping 33.3% of the total marks c for interview--Wliether valid. The Respondent-State invited. api>lications for recruitment of Assistant Engineers (Civil) and (Mech.) for the Public Works Department. According to the rules governing the recruitment, viz. Karnataka State D Civil Services (Direct Recruitment by Selection) Rules, 1973 the marks obtained In the qualif'ying examination and the marks secured in the inte..Vlew would be the basis for selection. The total marks for qualifying examination was kept at 100 and 50 marks were kept for interview. Thus the marks allotted for interview was 33.3% of the total marks. Appellant No. 1 who applied for ~he post of Assistant Engineer E (Civil) secured .29.SO marks out of SO marks in the Interview, his mar!<s in the qualifying examination were 69.96, totalling in all 99.46 marks out ot' 150. The second appellant, a candidate for the post of Assistant Engineer (Mech.) secured 24.83 marks In ·the interview and his marks in the qualifying examination being 66.40, he got 91.23 marks out of the total of F ISO marks. Both th«! appellants were not· selected as they got less marks than the last candidate selected, and they flied a petition before the State Administrative Tribunal challenging the rules on the ground that the pel'Centage of marks for viva voce fixed at 33.3 was excessive. The Tribunal having dismissed the petitions, the appellants have preferred the present G appeal, by special leave. Allowing the appeal, this Court, HELD: 1. 50 marks for interview out of 150 are clearly in violation of H the settled law on this point. Some candidates have been selected though 493 494 SUPREME COURT REPORTS (1991} SUPP. 1 S. C.R. A they had secured much lesser marks than the appellants in the qualifying. r .... · examination but had secured very high marks in the viva voce out of 50 marks kept for this purpose. If the marks for interview were kept even at 15% of the total marks and merit list was prepared accordingly then both the appellants would have been selected and a large number of selected B candidates would have gone much lower in the merit list than the appellants. [495 G, 496 A-B] As/wk Kumar Yadav & Ors. v. State of Haryana & Ors., (1988) Supp. ~ S.C.R. 657; Moltinder Sain Garg v. State of Punjab & Ors., J.T.1990 (4) S.C. 704, relied on. c 2. Though the Kamataka State Civil Services (Direct Recruitment by Selection) Rules are clearly in ".iolation of the dictum laid down by this Court, since the result of the selections was declared in 1987 and t~e selected candidates have already joined the posts, it would not be just and D proper to quash the selections on the above ground. Further the selections were made according to the Rules of 1973 and this practice is being consistently followed for the last 17 years and there is no allegation of any ~ ...... malafides in the matter of selections. [ 496-C-D] 3. The respondents are directed to give appointment to the two E appellants on the post of Assistant Engineer (Civin and Assistant Engineer (Mech.), respectively in Public Works Department within a period of two months in case the appellants are found suita~le in all other respects according to the Rules. [ 496-E] Y- 4 •. Since the appointments under the Rules were made way back in F 1987, the case of other candidates cannot be considered as they never approached for redress wifhln reasonable time. The relief is thus restricted only to the present appellants who were vigilant in making grievance and approaching the Tribunal in time. [496-F-G] G CIVIL APPELLATE JURISDICTION: Civil' Appeal No. 4088 of 1991. r- ~ From the Judgment and Order dated 24.5.1990 of the Karnataka Administrative Tribunal, Bangalore in Application No. 887 of 1989 C/W. H A. No. 2101/1989. ASH OK v. Sf A TE [ KASLIW AL, J. ] 495 Naresh Kaushik, Mrs. Lalita Kaushik and Shankar Divate for the A Appellants. M. Veerappa, S.R. Bhatt and Naveen R. Nath for the Respondents; The Judgment of the Court was delivered by KASLIW AL, J. Special leave granted. B Sri Ashok alias Somanna Gowda appellant No. 1 is a Bachelor of Engineering (Civil)
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