CPC Home Work 9

CPC Home Work
Ashok Kumar Yadav And Ors. Etc. vs State Of Haryana And Ors, 1987 AIR 454
Facts:
Rule 9clause (1) of the Punjab Civil Service (Executive Branch), Rules 1930 prescribes a
competitive examination for recruitment to posts in Haryana Civil Service (Executive) and
other allied services. Regulation I in appendix I says that the competitive exam shall include
compulsory and optional subjects, every student should attempt all compulsory exams and
any 3 of the optional exams, it also said that the ex servicemen are not required to attempt the
optional subjects. Regulation 5 states that a general candidate aggregate marks are 700 where
the compulsory subjects carry 400 marks, viva voice consists of 200 marks and optional
subject consists of 100 marks. For ex servicemen the aggregate marks are 400 marks, in both
the cases viva voice consists of 200 marks. Regulation 3 states that no candidate is eligible to
appear for viva voice unless he gets 45 percent marks in the aggregate of all subjects. In a
written examination held by the Haryana Public Service Commission for recruitment to 61
posts in Haryana Civil Service (Executive) and other allied Services, over 1300 candidates
obtained more than 45% marks and thus qualified 658 for being called for interview for
the viva voce examination. The Haryana Public Service Commission invited all the
candidates for the viva voce examination and the interviews lasted for almost half a year.
The number of vacancies also rose during the time taken up in the written examination and
the viva voce test and ultimately 119 posts became available for being filled and on the basis
of total marks obtained in the written examination as well a viva- voce test, 119 candidates
were selected and recommended by the Haryana Public Service Commission to the State
Government. The respondents-petitioners had obtained high marks inthewritten examination
but owing to rather poor marks obtained in the viva voce test, they could not come within the
first 119 candidates and were consequently not selected. They filed many writs in different
courts.
Issues
a. Whether the members of PSC could have abstained from the selection process
altogether as their kin are applicants in the selection process?
b. Whether the uncharitable comments made by the High Court is warranted?
PETITIONER’S ARGUMENTS:
The concerned arguments of the petitioners are that:
i) The members of the PSC participated in the selection process albeit their relatives are
applicants.
ii) Although they had not taken part in the interviews of their respected relatives yet they
took the interviews of other candidates.
iii) that under Regulation 3 in Appendix I, the Haryana Public Service Commission was
justified in calling for interview all the 1300 and odd candidates who qualified by getting
more than 45% marks.
(iv) that the allocation of 200 marks for the viva voce test was made under the Punjab
Civil Service (Executive Branch) Rules, 1930 and it had stood the test of time and could not
possibly be regarded as arbitrary or excessive.
(v) that the selections were made fairly and honestly and they were not tainted by nepotism,
favouritism, casteism or political patronage, besides there was nothing to show that any
extraneous considerations had influenced the selection process.
It is one of the fundamental principles of jurisprudence that no man can be a judge in his
own cause and that if there is a reasonable likelihood of bias it is 'in accordance with natural
justice and common sense that the justice likely to be so biased should be incapacitatedfrom
sitting".
CONTENTIONS OF RESPONDENTS:
(i) that the Chairman and members of the Haryana Public Service Commission were not men
of high integrity,calibre and qualification and they were appointed solely as a matter of
political patronage and hence the selections made by them were invalid
(ii) that three of the selected candidates were related to two members of the Commission and
though these two members did not participate in the interview of their respective relatives,
they did participate in the interview of other candidates and the tactic adopted by the
Chairman and the members of the Commission was to give high marks to the relatives and
award low marks to the other candidates so as to ensure the selection of their relatives. This
vitiated the entire selection process.
(iii) that the number of candidates called for interview were almost 20 times the number of
vacancies and this not only imposed an intolerable burden on the Haryana Public Service
Commission but also widened the scope for arbitrariness in selection.
JUDGEMENT: The High Court set aside the selections made by the Haryana Public
Service Commission and directed the Haryana Public Service Commission and the State of
Haryana to forthwith declare the result of candidates of all categories on the basis of written
examination alone, scrupulously excluding all considerations of the viva voce test.
Reasoning
The Supreme Court directed that when selections to the Judicial Service are being made in
a State, a sitting Judge of the High Court to be nominated by the Chief Justice ofthe State
should be invited to participate in the intervie was an expert who, by reason of the fact that he
is a sitting High Court Judge, knows the quality and character of the candidates appearing
for the interview and the advice given by him should ordinarily be accepted, unless there
are strong and cogent reasons for not accepting such advice and such strong must be recorded
in writing by the Chairman and members.
Name of the student
S. Vishnu Ameya
18 LLB 090

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The concerned arguments of the petitioners are that:

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