THE ASSAM PUBLIC SERVICE COMMISSION & ORS. versus PRANJAL KUMAR SARMA & ORS.

Citation: [2019] 14 S.C.R. 1072 · Decided: 28-11-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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1072
SUPREME COURT REPORTS
[2019] 14 S.C.R.
THE ASSAM PUBLIC SERVICE COMMISSION & ORS.
v.
PRANJAL KUMAR SARMA & ORS.
(Civil Appeal No.9100 of 2019)
NOVEMBER 28, 2019
[R.BANUMATHI, A.S. BOPANNA AND
HRISHIKESH ROY, JJ.]
Assam Public Service Commission (Conduct of Business)
Procedure, 2019: Clause 12.2  – Clause 12.2 lays down that any
proceeding in relation to interviews, selections or competitive
examination, pending on the date of commencement of 2019
Procedure may be continued and completed in accordance with the
provisions of the Rules in force prior to such commencement – By
impugned order, High Court struck down the clause holding that
all pending interviews/selections and competitive examinations even
if occasioned  by advertisements issued prior to 01.04.2019 shall
be guided by the 2019 Procedure and not 2010 Rules – Held: The
norms existing on the date when the process of selection begins,
control the selection and the alteration to the norms would not affect
the ongoing process unless the new Rules are to be given
retrospective effect – In the instant case, for the recruitment process
for which advertisement was issued on 21.12.2018, the 2019
Procedure (which came into effect from 01.04.2019) can have no
application, particularly when the first phase of the selection i.e.
the screening test was conducted under the 2010 Rules –  Clause
12.2 incorporated in the 2019 Procedure makes it abundantly clear
that the interviews/selection or competitive examinations pending
on the date of commencement of the Procedure should be continued
and completed, in accordance with the 2010 Rules – Thus,
recruitment process pursuant to the advertisement issued by the APSC
on 21st December, 2018 must necessarily be conducted under the
selection norms as applicable on the date of the advertisement –
Assam Public Service Commission (Procedure and Conduct of
Business) Rules, 2010 – rr.29 and 30.
 [2019] 14 S.C.R. 1072
1072
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Allowing the appeal, the Court
HELD:   The concept of negative marking is introduced
for the first time under Clause 4(B)(ii) which provides that for
each wrong answer, @ 0.25 marks are deducted against each
question.  Besides the Clause 4(B)(vi) stipulates that marks for
the interview shall not exceed 12.2 per cent of the total marks.
The screening test in which the respondents and other candidates
appeared on 30.06.2019 under the 2010 Rules had no negative
marking and, therefore, the candidates could take the risk of
guessing the correct answer in the multiple choice test, without
the fear of being penalised for incorrect answer. In this backdrop,
if the next segment of selection is to be conducted under the
2019 Procedure, the performance of the candidate in the
aforenoted screening test to the extent of 87.8 per cent of the
total marks, will determine the final selection of the candidate. If
the contention advanced by the respondents is accepted and the
next segment of the process of selection is carried out under the
2019 Procedure, it will give rise to an anomalous situation
inasmuch as the screening test which was conducted without
negative marking, under the 2010 Rules, without provisions for
negative markings, will have a major bearing in the final outcome
of selection. This would definitely prejudice the candidates who
have undertaken exams under 2010 Rules. If the direction in the
impugned judgment of the High Court is to be followed for
conducting the next segment of the selection, for the single
recruitment process the candidates will be evaluated by two
different sets of procedure i.e. the 2010 Rules and the 2019
Procedure and such dual norms must not govern the ongoing
recruitment process. [Paras 11-12, 16-17] [1077-H; 1078-A-C;
1079-C-F]
State of Bihar and Others v. Mithilesh Kumar (2010)
13 SCC 467 : [2010] 10 SCR 161; N.T. Devin Katti
and Others v. Karnataka Public Service Commission
and Others  (1990) 3 SCC 157 –  relied on.
Case Law Reference
[2010] 10 SCR 161
   relied on
Para 13
(1990) 3 SCC 157
   relied on
Para 13
ASSAM PUBLIC SERVICE COMMISSION v. PRANJAL
KUMAR SARMA
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9100
of 2019
From the Judgment and Order  dated 08.08.2019 of the  Gauhati
High Court at Guwahati in W.P.(C) No. 4600 of 2019
Parthiv K. Goswami,  Ms. Palak Mahajan, Rahul Pratap, Vivek
Gupta, Advs. for the Appellants.
Naleen Kohli, AAG,  Mrs. Rekha Pandey, Shiv P. Pandey, Raghav
Pandey

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