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Jagmal v. State Of Haryana And Others
Case Summary — M.M. Kumar, J.
Factual and Procedural Background
The petitioner, an unsuccessful candidate for the post of PTI (Physical Training Instructor), challenged the selection and appointment of respondent No. 4 by seeking a writ in the nature of certiorari to quash that selection. The Haryana Staff Selection Commission advertised 382 PTI posts on October 18, 2003 with a last date of November 7, 2003. The petitioner claimed qualifications including M.A., B.A. and a Certificate Course in Physical Education (C.P.Ed), and attached experience and sports participation certificates. He was called for interview on March 16, 2004.
The Commission published selection criteria when the result was declared (criteria allocating marks between academic/qualification components and viva voce). The petitioner alleged that respondent No. 4 was less meritorious and was selected due to alleged influence of Mr. Mool Chand Sharma, a member of the Commission, and also contended that the criteria unlawfully ignored higher academic degrees (M.A., B.A.) in violation of Articles 14 and 16 of the Constitution.
In reply, the Commission and other respondents filed written statements asserting that a selection criteria (R-3/1) had been evolved; they produced the record showing the marks allocation and pointed out that the petitioner scored 48.70 out of 90 while respondent No. 4 scored 58.26 out of 90. Respondent No. 4 also filed a reply denying any familial relationship with Mr. Mool Chand Sharma and asserting his own qualifications and experience.
After hearing the parties and examining the record, the Court dismissed the petition.
Legal Issues Presented
- Whether the selection and appointment of respondent No. 4 should be quashed on the ground of alleged mala fide selection/nepotism (influence exerted by a member of the Commission).
- Whether the selection criteria adopted by the Commission violated Articles 14 and 16 of the Constitution by failing to allocate marks for higher academic qualifications (such as M.A./B.A.) and by the relative weight given to viva voce versus academic qualifications.
- Whether denial of an alleged relationship by the selected candidate, supported by affidavit, suffices to rebut an allegation of mala fides.
Arguments of the Parties
Petitioner's Arguments
- The petitioner asserted he was more meritorious (having M.A., B.A. and C.P.Ed and teaching experience) than respondent No. 4, who was alleged to be only a matriculate with a third division.
- The petitioner argued the Commission's criteria did not allocate marks for higher degrees (M.A./B.A.) and confined consideration to basic/essential qualifications and C.P.Ed, which, the petitioner contended, violated Articles 14 and 16 of the Constitution.
- The petitioner alleged mala fide selection: respondent No. 4 was selected due to influence exerted by Mr. Mool Chand Sharma (a member of the Commission), on the basis that respondent No. 4 was related to Mr. Sharma (described in the petition as son of brother-in-law).
- The petitioner relied on the absence of a written statement from Mr. Mool Chand Sharma denying the alleged relationship as evidence of malafide.
Respondents' Arguments
- The Commission and State argued that a selection criteria had been evolved (R-3/1) and produced original records demonstrating the marks allocation and candidates' scores: petitioner 48.70/90; last selected candidate in general category 55.01/90; respondent No. 4 58.26/90.
- They contended respondent No. 4's selection was on merit according to the adopted criteria and that the Commission is an independent agency not influenced by extraneous pressures.
- Respondent No. 4 denied any familial relationship with Mr. Mool Chand Sharma and filed an affidavit/answer to that effect; this denial was asserted to be uncontroverted and sufficient to rebut mala fide allegations.
- Counsel for respondents relied on Supreme Court precedents to argue that: (a) allocation of marks between academic performance and viva voce is within the domain of the recruiting authority and not lightly open to judicial interference, and (b) no marks are necessarily required to be granted for an extra/higher academic qualification depending on the recruitment policy for the post.
- They pointed out the specific allocation used by the Commission: 30 marks for basic qualification (Matric/+2), 30 marks for essential qualification (Certificate in Physical Education or equivalent), and 30 marks for viva voce (to assess subject knowledge, communication, general awareness and intelligence), total 90 marks.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Anzar Ahmad v. State of Bihar (1994) 1 SCC 150 | Upheld that allocation of marks between viva voce and academic performance (example: 50%-50%) in selection processes is not necessarily arbitrary and does not warrant court interference where appropriately justified. | The Court relied on Anzar Ahmad to support deference to the Commission's chosen weightage between academic qualifications and viva voce and to hold that the Commission's allocation did not show arbitrariness. |
| Ashok Kumar Yadav v. State of Haryana (1985) 4 SCC 417 | Explained the principle that it is for the recruiting authority to decide the nature of competitive examination (written, viva, or both) and the weight to be attached; courts should not prescribe specific weight unless there is proven arbitrariness. | The Court quoted and adopted the paragraph from Ashok Kumar Yadav (as approved in Anzar Ahmad) to justify that the Commission's discretion in allocating marks between components of selection is permissible. |
| Lila Dhar v. State of Rajasthan (1981) 4 SCC 159 | Discussed considerations regarding interview (viva voce) weight and warned against excessive weight unless resulting from oblique motives. | The Court referenced Lila Dhar (through Anzar Ahmad's treatment) to assess whether any exaggerated or improper weight was given to the viva voce; it found no such exaggerated weight here. |
| Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722 | Referenced as part of authorities discussing institutional selection processes and criteria (context provided through Anzar Ahmad citation). | Used as supporting authority in the line of precedents affirming the recruiting body's discretion in framing selection criteria and weightage. |
| Ashok alias Somanna Gowda v. State of Karnataka (1992) 1 SCC 28 | Another precedent cited in the line of cases dealing with selection criteria and judicial review of the same. | Referred to in support of the proposition that courts should defer to selection authorities unless arbitrariness or oblique motives are shown. |
| Jaswinder Singh v. State of J & K (2003) 2 SCC 132 | Followed the principle that allocation of weight between written and viva voce tests is a matter for the recruiting authority. | Cited as a subsequent case following the principle applied by the Court in upholding the Commission's weightage. |
| Vijay Syal v. State of Punjab (2003) 9 SCC 401 | Followed the same line of authority regarding selection procedure and allocation of marks. | Used as part of supporting precedents that justify deference to recruitment policy in allocation of marks. |
| Inder Parkash Gupta v. State of J & K (2004) 6 SCC 786 | Another decision confirming the principles governing the weight of interview vs. academic performance. | Referred to as consistent authority applying the established principle in selection matters. |
| P.M. Latha v. State of Kerala (2003) 3 SCC 541 | Held that extra marks need not be granted for a higher qualification in certain recruitments; supports that no marks for extra qualification are necessary depending on the recruitment policy. | The Court relied on P.M. Latha to support the proposition that higher qualifications need not be given marks automatically and the Commission need not award marks for higher degrees for the PTI posts. |
| Dalip Kumar Ghosh v. Chairman (2006) (Services Law Journal) | Addressed that higher qualifications (e.g., B.Ed) need not be treated as appropriate higher qualification for certain posts (example: primary school teachers), and recruitment policy governs eligibility and weight. | The Court cited Dalip Kumar Ghosh to illustrate that claims for additional marks for higher qualifications do not necessarily have force where the recruitment policy prescribes specific qualifications. |
| Chander Parkash Tiwari v. Shakuntla Shukla (2002) 3 RSJ 507 | Cited by respondents in support of an estoppel argument (that participation in the selection process can give rise to estoppel against a candidate raising certain objections later). | Referenced by respondents in their written statement to assert estoppel against the petitioner for having participated in the selection process; the Court noted respondents' reliance on it. |
| Devki Nandan Sharma v. State of Haryana (2002 (1) RSJ 64) : 2001 (4) SLR 791 (Pb. & Hry.) | Cited similarly in support of the estoppel argument relating to candidates' participation in selection processes. | Referenced by respondents as authority for the estoppel submission; the Court noted the contention. |
| S. Partap Singh v. State of Punjab, AIR 1964 SC 72 | Set out principles for establishing mala fide and the role of personal affidavits by respondents in controverting allegations of malafide. | The Court relied on the principles in S. Partap Singh to accept that respondent No. 4's affidavit/denial was sufficient to rebut the petitioner's allegation of mala fides. |
Court's Reasoning and Analysis
The Court examined the selection record, the criteria adopted by the Commission, the marks obtained by the petitioner and respondent No. 4, the pleadings and affidavits filed by the parties, and the line of Supreme Court authority on the subject.
Key points of the Court's step-by-step analysis as recorded in the opinion:
- The Commission's selection criteria (as reproduced in Annexure R-3/1) allocated 30 marks for basic qualification (Matric/+2 or equivalent), 30 marks for essential qualification (Certificate in Physical Education or equivalent recognized by the Haryana Education Department), and 30 marks for viva voce (assessing subject knowledge, communication skill, general knowledge, general awareness and intelligence), totaling 90 marks.
- The Court noted earlier authorities (particularly Anzar Ahmad and Ashok Kumar Yadav) establishing that the form of competitive examination and the relative weight assigned to written/academic tests and viva voce are matters for the recruiting authority and experts; courts should not substitute their view unless there is demonstrable arbitrariness or oblique motives.
- Applying those principles, the Court held that the Commission's allocation (effectively about 67% to academic/qualification components and 33% to viva voce) did not constitute exaggerated weight to viva voce nor arbitrariness that would violate Articles 14 and 16(1). The Court expressly found no substance in the argument that more marks should have been allocated to academic qualifications or that marks were required for higher qualifications.
- The Court considered the petitioner's specific allegation of mala fide selection arising from a familial relationship between respondent No. 4 and Mr. Mool Chand Sharma (member of the Commission). It observed respondent No. 4 had specifically denied the relationship in his written reply and filed an affidavit. Relying on S. Partap Singh, the Court treated that denial/affidavit as sufficient to controvert the allegation.
- The Court compared the candidates' marks on record: the petitioner obtained 48.70/90; respondent No. 4 obtained 58.26/90; the last selected candidate in the general category had 55.01/90. In view of these figures and the accepted criteria, petitioner simply had lower marks and therefore could not be placed above respondent No. 4.
- The Court concluded that the petitioner failed to demonstrate arbitrariness in the criteria or any proven mala fide in the selection process. As a result, judicial interference was not warranted.
Holding and Implications
Holding: The petition is dismissed.
Implications:
- The direct effect is that the selection and appointment of respondent No. 4 are upheld and not quashed; respondent No. 4 remains validly selected according to the Court's assessment of the record and the adopted criteria.
- The Court applied established Supreme Court authorities to affirm that recruiting authorities have discretion in framing selection criteria and allocating weight between academic qualifications and viva voce; absent proven arbitrariness or mala fide, the courts will not interfere.
- The Court accepted that a categorical denial of a familial relationship by the selected candidate, supported by an affidavit, can be sufficient to rebut mala fide allegations where no further convincing evidence is produced by the challenger.
- The opinion does not purport to lay new legal principles; it applied existing precedents to the facts and concluded there was no ground for interference in the recruitment process in this case.
End of summary based exclusively on the provided opinion text.
M.M Kumar, J.:— The petitioner is the unsuccessful candidate for the teaching post of PTI being less meritorious than respondent No. 4 and has approached this Court for issuance of a writ in the nature of certiorari quashing his selection and appointment.
2. Brief facts of the case are that on October 18, 2003, the Haryana Staff Selection Commission advertised 382 posts of PTI Teachers in various leading newspapers (P-1). The last date for submissions of the applications was November 7, 2003. The petitioner claimed that he has the qualification of M.A, B.A and Certificate Course in Physical Education (CP.Ed) and that he was fully eligible in accordance with the qualification required to be fulfilled by the advertisement. He applied for the post under general category and annexed all the certificates showing his educational qualification. He had also acquired experience of working as PTI in a recognized High School at Palwal and had duly attached the certificate of experience dated May 8, 2003, along with other certificates of participation in Sports (P-2 and P-3). The petitioner was called for interview on March 16, 2004. It is appropriate to mention that the criteria of selection was published by the Haryana Staff Selection Commission-respondent No. 3 (for brevity ‘the Commission’), on September 1, 2004 when the result of the selection was declared. The criteria adopted by the Commission is based on academic qualification and marks obtained in the interview which is as follows:—
“CRITERIA FOR SELECTION:
Adv. No. 7-2003, CAT. No. 3.
The criteria adopted by the Commission for making selection is given below:—
a) Academic qualification 60 marks b) Marks obtained in the Viva Voce out of 30 marks Total: 90 marks.”
3. It has been alleged by the petitioner that Pawan Kumar-respondent No. 4 has been selected on account of the influence exerted by one Mr. Mool Chand Sharma, a member of the Commission because respondent No. 4 is son of brother-in-law of Mr. Mool Chand Sharma. According to the assertion made in paras 7 and 8 of the petition, respondent No. 4 is simply a matriculate with IIIrd division and could not have been preferred over the petitioner who has a brilliant academic record along with the teaching experience.
4. In response to notice of motion, respondents No. 1 and 2 have filed their written statement. Respondent No. 3 has filed a separate written statement. However, they have taken common stand. Respondent No. 3 has specifically asserted that a criteria was evolved on November 7, 2003 (R-3/1) for selection for the said post. The petitioner appeared for interview against Roll No. 539 and obtained 48.70 marks out of 90 marks whereas the last selected candidate had secured 55.01 marks. Respondent No. 4 Mr. Pawan Kumar, who appeared under roil No. 1431 belonged to general category and he had obtained 58.26 marks out of 90 marks. Accordingly he was selected and the petitioner on account of lower marks than that of last selected candidate in general category could not make his grade in the selection list. It has also been asserted that once the petitioner has appeared in the selection process than, a plea in the nature of estopple would arise against him in view of the judgments of the Supreme Court in cases of Chander Parkash Tiwari v. Shakuntla Shukla, 2002 (3) RSJ 507 and Devki Nandan Sharma v. State of Haryana, 2002 (1) RSJ 64 : [2001 (4) SLR 791 (Pb. & Hry.)]. It has also been claimed that the-Commission is an independent agency and it is not influenced by any extraneous pressures. Respondent No. 4 has filed his separate reply by asserting that his name has figured at Sr. No. 52 of the merit list of the selected candidates. He has clarified that he is a 2nd Class matriculate of the year 1993 as per detail marks card annexure R- 1. He has also obtained qualification of Certificate of Physical Education (C.P.Ed) from the Director of Sports and Youth Services of Maharashtra State from Amravati Centre (R-2), in Ist Division. Still further, he has practical experience of having worked as PTI from April 1, 1997 to October 31, 2000 and imparting instructions to 6th to 10th Class of Modern Vidya Mandir High School, Shiv Nagar, Railway Road, Palwal (R-3). He claimed that his result was excellent. He has also referred to his activity in the N.C.C It is significant to notice that respondent No. 4 has categorically denied that he is son of brother-in-law of Mr. Mool Chand Sharma, respondent No. 5, a member of the Commission.
5. Mrs. Daya Chaudhary, learned counsel for the petitioner has argued that no marks have been allocated to the higher degree of M.A.B.A, and therefore, the criteria adopted on the basis of matric and +2 examinations violates Articles 14 and 16 of the Constitution, as it merely confine the consideration to the basic qualification as well as essential qualification of Certificate in Physical Education. She has further argued that the malafide in respect of selection of respondent No. 4 are amply proved as no written statement has been filed by Mr. Mool Chand Sharma, member of the Commission, denying his relationship with respondent No. 4.
6. Mr. Harish Rathee, learned State counsel and Mr. O.P Gupta, learned counsel for respondent No. 4 have vehemently argued that there is categoric denial by respondent No. 4 of any relationship between him and respondent No. 5- Mr. Mool Chand Sharma, member of the Commission. According to the learned counsel, the aforementioned assertion has remained uncontroverted and in these circumstances the mala fide alleged against the selection of respondent No. 4 must be deemed to have remained unsubstantiated. They have also placed reliance on the judgments of the Supreme Court in the cases of P.M Latha v. State of Kerala, (2003) 3 SCC 541 : [2003 (2) SLR 675 (SC)] and Dalip Kumar Ghosh v. Chairman, 2006 (1) Services Law Journal 39, and argued that no marks for extra qualification are necessary to be granted. Learned State counsel has also produced before us the original record of the selection and the fact that the criteria was adopted by allocating 30 marks for basic qualification of matriculation and +2; 30 marks for Certificate of Physical Education and 30 marks for viva voce test.
7. Having heard the learned counsel at a considerable length and having perused the original record, we are of the considered view that this petition is liable to be dismissed. It is evident that the Commission has adopted a criteria which does not suffer from any violation of Articles 14 and 16(1) of the Constitution. In the case of Anzar Ahmad v. State of Bihar, (1994) 1 SCC 150 : [1993 (5) SLR 798 (SC)], Hon'ble the Supreme Court has held that in matters concerning selection for employment to a service, 50% marks allocated for viva voce and 50% marks for academic performance could not be said to have suffered from any arbitrariness warranting interference of the Court. In that regard, reference was made to the observations made in Lila Dhar v. State of Rajasthan, (1981) 4 SCC 159 : [1981 (3) SLR 56 (SC)], Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 : [1980 (3) SLR 467 (SC)] and Ashok alias Somanna Gowda v. State of Karnataka, (1992) 1 SCC 28. The gist of the aforementioned judgments and the principle governing the selection process has been summed up in the case of Ashok Kumar Yadav v. State of Haryana, (1985) 4 SCC 417, and the following para from the aforementioned judgment has been approved by their Lordships in Anzar Ahmad's case (supra):—
“…. The competitive examination may be based exclusively on written examination or it may be exclusively on interview or it may be a mixture of both. It is entirely for the Government to decide what kind of competitive examination would be appropriate in a given case…… It is not for the Court to lay down whether interview test should be held at all or how many marks should be allowed for the interview test. Of course the marks must be minimal so as to avoid charges of arbitrariness, but not necessarily always. There may be posts and appointments where the only proper method of selection may be by a viva voce test.
……… Now if both written examination and viva voce test are accepted as essential creatures of proper selection in a given case, the question may arise as to the weight to be attached respectively to them…… There cannotbe any hard and fast rule regarding the precise weight to be given to the viva voce test as against the written examination. It must vary from service to service according to the requirement of the service, the minimum qualification prescribed, the age group from which the selection is to be made, the body to which the task of holding the viva voce test is proposed to be entrusted and host of other factors. It is essentially a matter for determination by experts. The Court does not possess the necessary equipment and it would not be right for the Court to pronounce upon it unless to use the words of Chinnapa Reddy, J. in Lila Dhar case ‘exaggerated weight has been given with proven or obvious oblique motives.’
(emphasis added)”
8. The aforementioned view has been followed and applied in many other judgments including Jaswinder Singh v. State of J & K, (2003) 2 SCC 132, Vijay Syal v. State of Punjab, (2003) 9 SCC 401 : [2003 (4) SLR 452 (SC)] and Inder Parkash Gupta v. State of J & K, (2004) 6 SCC 786 : [2004 (3) SLR 658 (SC)].
9. When the facts of the present case are examined in the lights of the principle laid down by Hon'ble the Supreme Court in the aforementioned judgments, it becomes evident that respondent No. 3- the Commission has adopted three components of the selection process which have been explained in Annexure R-3/1 and the same reads as under:—
“Total Marks : 90 1. Basic qualification Matric/+2 or its equivalent (0.30 of the percentage of the marks obtained in whichever higher marks obtained) : 30 marks 2. Essential qualification Certificate in Physical Education conducted by the Haryana Education Department or an equivalent qualification recognized by the Haryana Education Department. : 30 marks 3. Vive-Voce (To assess the knowledge of the subject, communication skill, general knowledge, general awareness and intelligence)” : 30 marks
10. The various factors which are required to be considered as laid down by Hon'ble the Supreme Court in Lila Dhar's case (supra) cannot be deemed to have been ignored in the instant case. The nature of service, constituted the age of the candidates from which they are drawn into service, the effectiveness in meeting and dealing with others, adaptability, judgment, ability to lead and moral integrity etc. could more suitably be judged by an interview test. The Commission has allocated about 67% to academic qualifications whereas 33% marks have been allocated to oral interview. We are not able to see any exaggerated weight, having been given to viva test much less any oblique motives. We find no substance in the argument raised. Therefore, to say that more marks should have been allocated for academic qualification or some marks should have been given for higher qualification does not warrant any conclusion that the marks allocated for academic qualification suffers from any violation of Articles 14 and 16 (1) of the Constitution. We find considerable force in the argument raised on behalf of the respondents, that no marks are required to be allocated for higher qualification. In Dalip Kumar Ghosh's case (supra), higher marks were claimed for qualification for B.Ed when the recruitment was made of teachers in primary school, and similar was the position in P.M Lama's case (supra). The following para can be cited in support of the aforementioned proposition:—
“We find absolutely no force in the argument advanced by the respondents that B.Ed qualification is a higher qualification that TTC and therefore, the B.Ed candidates should be held to be eligible to complete for the post. On behalf of the applicants, it is pointed out before us that Trained Teacher's Certificate is given to teachers specially trained to teach small children in primary classes whereas for B.Ed degree, the training imparted is to teach students of classes above primary B.Ed degree holders, therefore, cannot necessarily be held to be holding qualification suitable for appointment as teachers in primary schools. Whether for a particular post, the source of recruitment should be from the candidates with TTC qualification or B.Ed qualification, is a matter of recruitment policy. We find sufficient logic and justification in the State prescribing qualification for the post of primary teachers as only TTC and not B.Ed Whether B.Ed qualification can also be prescribed for primary teachers is a question to be considered by the authorities concerned but we cannot consider B.Ed candidates, for the present vacancies advertised as eligible.”
11. The allegation of malafide as made by the petitioner against respondent No. 4 has remained unsubstantiated. There is specific written statement to the effect by respondent No. 4 that he is not son of brother-in-law of Mr. Mool Chand Sharma-respondent No. 5, who is member of the Commission. We are inclined to accept this position as sufficient answer to the allegation made against respondents No. 4 and 5. After all, the mutual relationship between two persons if denied by one would itself be sufficient because denial by one would be denial by the other as well. Some detail principles have been laid down by a Constitution Bench of Hon'ble the Supreme Court in the case of S. Partap Singh v. State Of Punjab., AIR 1964 SC 72, with regard to establishing the malafide and the question of controverting the same by filing personal affidavit of the respondents. That requirement has been fulfilled by the affidavit filed by respondent No. 4. Therefore, we do not find any substance in the allegation of malafide and accordingly, it is held that the selection of respondent No. 4 does not suffer from any biased or illegality. For all the reasons aforementioned, this petition fails and the same is dismissed.
12. Petition dismissed.
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