KUMARI ANAMICA MISHRA AND ANR. ETC. ETC. versus U.P. PUBLIC SERVICE COMMISSION, ALLAHABAD AND ORS.

Citation: [1989] SUPP. 2 S.C.R. 124 · Decided: 09-11-1989 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
KUMAR! ANAMICA MISHRA AND ANR. ETC. ETC. 
v. 
U.P. PUBLIC SERVICE COMMISSION, 
ALLAHABAD AND ORS. 
NOVEMBER 9, 1989 
[RANGANATH MISRA, P.B. SAWANT AND 
K. RAMASWAMY, JJ.] 
Uttar Pradesh Educational Service-Junior Scale (Women's 
Branch)-Upper Zila Basic Shiksha Adhikari (Women)-Recruitment 
of-Written test-Improper feeding of computer-Consequent .inter-
C view and selection of candidates securing lesser marks in written test-
Cancellation of entire recruitment examination and rehdlding it-
Validity of 
The Uttar Pradesh Public Service Commission conducted recruit-
D ment examination to the post of Upper Zila Basic Shiksha Adhikari 
(Women) in two stages-written test and Interview. The Commission 
cancelled the entire recruitment examination for re-holding it, after it 
was found that due to improper feeding into the computer candidates 
who secured lesser marks in the written examination were interviewed 
and finally selected while candidates who had better performance were 
E 
not called for interview. Writ petitions challenging the action of the 
Commission were dismissed by the High Court. Hence these appeals. 
Allowing the appeals and setting aside the judgment of the High 
Court, this Court, 
p 
HELD: When no defect was pointed out in regard to the written 
examination and the sole objection was confined to exclusion of a group 
of successful candidates in the written examination from the interview, 
there was no justification for cancelling the written part of t~e recruit-
ment examination. [l25G] 
, 
G 
The situation on the other hand could have been appropriately 
met by setting aside the recruitment and asking for a fresh interview of 
all eligible candidates on the basis of the written examination and selec-
tion of those who on the basis of the written and the freshly-held 
interview became eligible for selection. [ 125H; 126A) 
H 
CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 
4582-4585 of 1989. 
124 
... 
A. MISHRA v. U.P. SERVICE COMMISSION [MISRA, J.] 
125 
From the Judgm,-nt and Order dated 29.7.1988 of the Allahabad High 
Court in C.M.W.P. No. 11933 & 16493/1987, 15731/1987 & 12373/1987. 
R.K. Garg, S.P. Singh, N.M. Popli, R.B. Misra, Uma Nath 
Misra and R.C. Kaushik for the Appellants. 
A 
R.B. Mehrotra for the Respondent. 
B 
The Judgment of the Court was delivered by 
MISRA, J. Special leave granted. 
The short question in these appeals is as to whether the High 
Court was right in upholding the decision of the Uttar Pradesh Public 
Service Commission to re-hold the recruitment examination. 
c 
On the requisition of the State Government the State Public 
Service Commission had undertaken the recruitment to the post of 
Upper Zila Basic Shiksha Adhikari (Women), District Inspectress of 
D 
Girls Schools/ Associate Regional Inspectress of Girls Schools in Uttar 
Pradesh Educational Service-Junior Scale (Women's Branch) The 
advertisement inviting applications from eligible candidates was 
published on May 5, 1985 and a corrigendum was published on June 8, 
1985. The recruitment examination was in two stages-written and 
interview/personality test. After the written examination was over, on 
E 
the basis of the results thereof successful candidates upto a base limit 
have to be ca.lied to be interviewed. On account of improper feeding 
into the computer some of the candidates who had better performance 
in the written examination were not called and candidates securing 
lesser marks in the written examination were not only called for 
interview but were also finally selected. When this position was known 
F 
and upon an inqury was factually established, the Public Service Com-
mission decided to cancel the entire recruitment examination and asked 
for re-holding of it. The High Court has upheld the action of the Public 
Service Commission and has dismissed the writ petitions. 
We have heard counsel for the parties and are of the view that G 
when no defect was pointed out in regard to the written examination 
and the sole objection was confined to exclusion of a group of success-
ful candidates in the written examination from the interview, there was 
no justification for cancelling the written part of the recruitment 
examination. On the other hand, the situation could have been 
appropriately met by setting aside the recruitment and asking for a H 
126 
SUPREME COURT REPORTS 
[1989] Supp. 2 S.C.R. 
A fresh interview of all eligible candidates on the basis of the written 
examination and se

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