LexPRAVEEN SINGH versus STATE OF PUNJAB AND ORS.
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A PRA VEEN SINGH v. STATE OF PUNJAB AND ORS. NOVEMBER 10, 2000 B [G.B. PATTANAIK AND UMESH C. BANERJEE, JJ.] Service Law: Selection-Competitive exam- 44 posts of Block Development and C Panchayat Officers-Examination consisting of a written test and viva voce test--4500 candidates participating-Out of the total 450 marks, 400 marks accounted for the written test while 50 marks were for the viva voce---To qualify for the viva voce test, a candidate was required to secure 33% marks in each paper and 45% marks in the aggregate-After written test 130 D candidates selected for the viva voce test--44 candidates finally selected solely on the basis of marks obtained in the viva voce test-Appellant not included in the final list-Challenged the said selection in a writ petition before the High Court on the ground of non-consideration of marks obtained in the written test for final selection-Both writ petition and writ appeal dismissed· by the High Court-On appeal; Held-An administrative or a E quasi-judicial body clothed with the power of appointment and selection cannot be left unfettered at the cost of fair play, good conscience and equity-Though interview is a significant factor in the appointments still it should not be the sole criterion for selection as it allows creeping in of lacuna-Had written test only been an elimination test, there would have not F been any requirement of qualifying pass marks or any aggregate marks- Rf!liance on mere 50 marks out of the total of 450 marks thereby avoiding 400 marks is totally unreasonable and arbitrary-The appointmttnts in question set aside-Public Service Commission directed to complete selection process after reconsidering both the written test and the viva voce test- Appointmenis~already made, if any would be subject to the farther results to G be declared by the Public Service Commission. In June, 1993 Punjab Public Service Commi.ssion issued an advertisement for filling up Of 26 vacancies of Block Development and Panchayat Officers. However, before finalisation of the selection process, the Government of Punjab filled up the said vacancies through ad-hoc H 490 -\ . PRAVEEN SINGH v. STATE 491 appointments because of which the Service Commission stopped to proceed A with the selection procedure. The said ad-hoc appointments, on being challenged in a writ petition, were quashed by the High Court and an appeal before a Division Bench was also dismissed. Further appeal to this Court was also dismissed with a direction to the Public Service Commission to complete the selection process by 09-07-1995. In compliance of the orders of this Court, B the Public Service Commission issued a corrigendum to the earlier advertisement after increasing the number of vacancies from 26 to 44. In response to the said corrigendum, about 4500 people appeared in the written test out of which 130 candidates were selected to appear in the viva voce. After the viva voce, on 09-07-1995, a merit list of selected candidates was published in which the appellant's name did not appear. The appellant C challenged the said merit list in a writ petition before the High Court on the ground of non-consideration of the marks secured by the candidates, in the written examination while determining overall merit of the candidates, as according to the information sheet circulated by the Public Service Commission, out of total 450 marks, written examination accounted for 400 marks and the rest 50 marks for viva voce. The said writ petition and an D appeal thereon were dismissed by the High Court. Hence this appeal. The appellant contended that as there existed dual requirement i.e. written test as well as viva voce test for selection, the marks obtained in both ought to have formed part of the process of determining the merit and E the Service Commission had no authority or jurisdiction to effect the selection solely on the basis of the performance of the candidates in the viva voce examination. The respondents contended that since it was not possible to interview about 4500 candidates, the Service Commission resorted to a written admission test in order to facilitate the interview process. Allowing the appeal, the Court HELD 1. While it is true that the administrative or the quasi-judicial authority clothed with the power of selection and appointment ought to be left unfettered in adaptation of procedural aspect but that does not however mean F and
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