UNION OF INDIA AND ORS. versus ANAND KUMAR PANDEY AND ORS.

Citation: [1994] SUPP. 1 S.C.R. 750 · Decided: 18-07-1994 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
UNION OF INDIA AND ORS. 
v. 
ANAND KUMAR PANDEY AND ORS. 
JULY 18, 1994 
B 
[KULDIP SINGH ANDS. MOHAN, JJ.) 
Service Law-Selection-Wntten Test-Viva Voce-Penal-Complaint 
regarding use of unfair means at one of the Examination Centres-Enquiry--
Cancellation of Selection of candidates at the centre concerned-Directions 
C to sit in written examination afresh without affording oppoltUnity-Validity 
of-Principles of Natural Justice-Applicability of 
The respondents were included in a penal for non-technical posts in 
the Eastern Railway. The Penal was prepared by the Railway Recruitment 
Board on the basis of written examination and viva voce test. Subsequently 
D the Railway Authorities received a complaint that the question paper was 
leaked and the answers were supplied to two candidates who were wards 
of railway employees and they further sold the pre-solved answers to the ·. 
other candidates. Consequently large scale unfair means were adopted by 
candidates and there was mass copying at one of the Centres namely 
E Katihar from where the respondents had sat for the written examination. 
After conducting an inquiry the Railway authorities held that it was not 
safe to make appointments based on such examination. Accordingly It 
directed that 35 empanelled candidates who appeared in exam from 
Katihar Centre be subjected to fresh examination but the marks obtained 
by them in the viva voce examination should be taken into account. The , 
F 
respondents challenged this order before Central Administrative Tribunal, 
Calcutta which quashed it on the ground that it was passed in violation of 
natural justice and directed the appellants to make the appointments on 
the basis of penal prepared. Against the decision of the Tribunal, Union 
or India preferred to appeal in this Court. 
G 
Allowing the appeal, and setting aside the impugned judgment of the 
Tribunal, this Court 
HELD : 1. The Tribunal was wholly unjustified in interfering with 
the order of the appellants calling upon the respondents to sit in the 
H written examination again. In the facts and circumstances of this case on 
750 
U.0.1. v. AK. PANDEY [KULDIP SINGH. J.J 
751 
fault can be found with the aL1ion of the railway authorities in calling upon A 
only 35 empanelled candidates to take the examination afresh. 
(754-D, F·G] 
2.1. The rules of natural justice cannot be put in a strait-jacket. 
Applicability of these rules depends upon the facts and circumstances 
relating to each particular given situation, [754-E] 
B 
2.2. The purpose of a competitive examination is to select the most 
suitable candidates for appointment to public services. It is entirely dif· 
ferent than an examination held by a college or university to award degrees 
to the candidates appearing at the examination. Even if a candidate is 
selected he may still be not appointed for a justlliable reason. In the C 
present case the railway authorities have rightly refused to make appoint· 
meats on the basis of the written examination wherein unfair means were 
adopted by the candidates. No candidate had been debarred or disqualified 
from taking the exam. To make sure that the deserving candidates are 
selected the respondents have been asked to go through the process of D 
written examination once again. Therefore, there is no violation of the rules 
of natural justice in any manner. [754-G·H & 75S·A] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4828 of 
1994. 
From the Judgment and order dated 20.12.91 of the Central Ad-
ministrative Tribunal, Calcutta Bench in O.A. No.966 of 1989. 
Altaf Ahmed, Additional Solicitor General, A.S. Bhasme and V.K. 
Verma for the Appellants. 
Tapas Ray and D.P. Mukherjee for the Respondents. 
The Judgment of the Court was delivered by 
KULDIP SINGH, J. Special leave granted. 
E 
F 
The Railway Recruitment Board, Patna held written examination G 
followecl by viva voce test for selection and recruitment to various posts of 
non-technical popular categories in the Eastern. Railway. A panel of 
selected candidates was prepared and published. Meanwhile in an inves-
tigation, conducted on a complaint received by the railway authorities, it 
was found that unfair means were adopted by the candidates at Centre No. H 
752 
SUPREME COURT REPORTS (1994] SUPP. 1 S.C.R. 
A 
115 (Katihar). The question for consideration before the Central Ad-
ministrative Tribunal (Tribunal) was whether in such a situation the 
railway authorities could cancel the selection and 

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