LexSADANANDA HALO & OTHERS versus MOMTAZ ALI SHEIKH & ORS.
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[2008] 3 S.C.R. 497 ·> ..I... SADANANDA HALO & OTHERS A v. MOMTAZ ALI SHEIKH & ORS. (Civil Appeal No. 1609 of 2008) FEBRUARY 27, 2008 B ... (S.B. SINHA AND V.S. SIRPURKAR, JJ.) i Service Law: Recruitment of Constables - Recruitment rallies conducted in all Districts of State of Assam - Selections c challenged - Single Judge of High Court constituting a Screening Committee and on the basis of sample survey and by fixing a bench mark of 250 candidates to be interviewed per day, set aside selection of fifteen Districts mainly on the ground of enormous number of candidates appearing for D ~ interview per day- Division Bench allowed appeals with regard to 4 Districts and affirmed quashing of selection in respect of remaining Districts - Appeals against quashing of selection in three Districts - HELD: Single Judge of High Court had expressed his satisfaction with procedure adopted - No E deviation from rules or no inherent defect in selection process which would render whole selection illegal have either been alleged or proved - Instead of testing the matter in the light of . ...._ ground realities for each District on the basis of material on " record, a mere expression of doubts only on the ground of F large number of candidates appearing for interview cannot by itself render the whole selection process illegal - Fixing of bench mark of 250 candidates for interview per day was not proper - Judgments of single Judge and Division Bench of High Court in so far as they pertain to selection of three Districts G concerned are set aside- Constitution of India - Article 226. :.. Recruitment of Constables- Allocation of 50 marks for viva voce -- Marks further sub-divided into six factors specifying 20 marks for oral test - Held : Such scheme cannot be found 497 H 498 SUPREME COURT REPORTS [2008] 3 S.C.R. A fault with ---Besides, it would be only for the State Government to fix standards for viva voce - Administrative Law. Constitution of India, 1950: Article 226 -Scope of -- Writ petitions by unsuccessful B candidates challenging selection of Constables held during recruitment rallies in State of Assam - Single Judge of High ... Court constituting a Screening Committee - On basis of "' "sample survey" Single Judge setting aside selection of 15 Districts- HELD: In such a writ petition roving inquiry on factual c aspects is not permissible - While testing fairness of selection process wherein thousands of candidates were involved, High Court should have been slow in relying upon findings of Screening Committee-- Going into microscopic details, not via pleadings of parties but on basis of unnecessary D investigation, cannot be approved - It was not for the High Court to place itself into the position of a fact finding -1- Commission that too at the instance of unsuccessful candidates - Exercise undertaken by scrutinizing the marks allotted to candidates was unnecessary and unwarranted since E no such assertions were made in writ petitions - High Court should have restricted itself to pleadings in writ petitions and counter affidavits - High Court' substituted itself for Selection Committee and in the process assumed the role of appellate tribunal which was not proper-Administrative Law - Selection Process - Interference with - Pleadings. . ~ " F Article 226 - Writ petitions challenging recruitment of a large number of constables - Selected candidates not made parties - High Court advertising the dates of hearing of writ petitions without impleading the selected candidates as parties G - Held: The course adopted by High Court not proper- Even those who appeared before the High Court were not supplied copies of writ petitions in time - This amounted to denial of opportunity of hearing to selected candidates -Administrative ,__ Law - Principles of Natural Justice - Practice and Procedure. H In the State of Assam 5500 vacancies of Constables SADANANDA HALO & OTHERS v. MOMTAZ ALI 499 .. SHEIKH & ORS . ..-'- to be filled in by District-wise selection, were advertised A on 21.8.2004. On 16.11.2004 the Government notified its decision that restriction of District-wise selection would be there only to the posts of District Executive Force and not to Armed Police Battalion. The recruitment process commenced on 3.12.2004 and lasted upto 11.12.2004. B ... "I Select-lists prepared for each District for the Armed Police Battalion located in t
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