SH. SUBASH CHANDRA VERMA AND ORS. ETC. versus THE STATE OF BIHAR AND ORS. ETC.

Citation: [1994] SUPP. 6 S.C.R. 507 · Decided: 13-12-1994 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

SH. SUBASH CHANDRA VERMA AND ORS. ETC. 
A 
v. 
THE STATE OF BIHAR AND ORS. ETC. 
DECEMBER 13, 1994 
[A.M. AHMADI, CJ ANDS. MOHAN, J.] 
B 
. 
Service Law: Selection-Filling up of post of Medical Officers 
(Ayurveda)-Allegation that the question papers were out and become 
marketable commodity before the examination-Irregularities including 
evaluation of answer sheets by clerical staff of the Examination Department C 
who had no knowledge of the subject of the examination also alleged--
Whether selection vitiated-Held No. 
The Bihar Public Service Commission (BPSC) issued an advertise-
ment on 15.9.89 for filling up 56 vacancies to the post of Medical 
Officers (Ayurveda), which number was subsequently increased to 195. 
D 
On 10.1.93, the screening test was held. There were about 3,000 
candidates who appeared for screening test. 410 candidates were 
declared successful in the said screening test which included the 
appellants. 
Some of the candidates who failed to secure the minimum marks 
and who could not be declared successful in the screening test filed writ 
petitions seeking quashing of screening test held by BPSC on a number 
E 
of grounds. The principle grounds on which the screening test was 
assailed were (i) the question papers had leaked and they became 
marketable commodity before the examination, (H) the answer books of F 
objective type examination came to the evaluated in the premises of 
BPSC by the staff members who had no knowledge of the subject, (iii) 
the Chairman of BPSC acted arbitrarily in holding the examination 
and lastly (iv) the questions asked in the screening test were vague and 
had more than one answer. 
Meanwhile pursuant to the screening test held on 10.1.93 the 
successful candidates were called for viva voce in batches before four 
Boards constituted by the BPSC consisting of two Members of BPSC 
and one Expert appointed either by the BPSC or by the State 
G 
Government 
H 
507 
508 
SUPREME COURT REPORTS 
[1994] SUPP. 6 S.C.R 
A 
Some more candidates who had failed in the screening test also 
filed writ petition seeking to quash the screening test on the very same 
·grounds as were urged in the earlier writ petition. The appellant 
intervened in both these petitions. By a common judgment both the 
writ petitions were allowed. The screening test was set aside mainly on 
the grounds (i) the experts were not present during the interview on all 
B 
the dates of interview by the BPSC, (ii) the questions ,•n the screening 
test had more than one probable answer and (iii) the BPSC had fixed 
50% for viva voce which was contrary to the rulings of this Court. 
After so setting aside the test results, the High Court directed the BPSC 
to advertise afresh for the post and make the selection. Aggrieved by 
c 
D 
E 
F 
G 
H 
this, the appellants have filed the present appeals. 
Allowing the Appeals and uphol4ing the selection, this Court 
HELD: 1. A democratic system could be administered well only if 
the civil servants ate appointed solely on the basis of merit by open 
competition. It is further essential that they should carry on the 
administration independently instead of blindly carrying out the orders 
of the political superiors. For recruitment on the basis of merit, the 
Constitution has provided for a Public Service Commission for the 
Union as well as the States. They are made autonomous in order that 
the functions may be carried on independently, fairly and impartially. 
[516 E to F] 
Ashok Kumar Yadav and Ors. v. State of Haryana and Ors., [1985] 4 
sec 412, referred to. 
2. The service commission in its counter had stated that the 
question papers for the examination held on 10.1.93 had not leaked out 
before the commencement of the examination. The question papers 
were in sealed packets at the time of delivery to the Zonal Officers for 
distribution to the supervisor and no examination center ha.d reported 
of any tempering with the sealed packets of the question papers. 
[520 E] 
3.1. The allegation that the answer books were freely available, was 
not made when the first writ petition came to be filed on 12.3.93. The 
petitioners would state that about the leakage of these question papers, 
a report was sent on 11.1.93 under certificate of posting. The specific 
stand of the commission is that no such report was ever sent. If it had 
been so sent, it would have been received at the office of the Service 
Commission. That was never received. One is unable to understand 
w

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