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LEGAL SPECTRA 2014 - MOOT PROPOSITION 2

In the Democratic Republic of Industan, where the Structure, Culture, Constitution


and the Judicial processes are exactly the same as that of Democratic Republic of
India; the State of Madhyakhand is the largest state in terms of both population and
land. Although the majority of population of Industan speaks Samil, yet there are
two minority communities, Bholi and Suli and both being the linguistic and
religious minority groups speaks the Bhopali and Surili language respectively.
Both the communities were categorized under the reserved class, however the
Bholites, as the Bholi community were popularly known, are economically richer
as compared to that of Suli community.
On 16-8-2010, the Government of Madhyakhand issued an advertisement inviting
applications for hundred posts for preliminary examination of the Combined
Competitive Examination (CCE), for selecting candidates for various posts and
services. The recruitment instructions given to the examinees by advertisement
provided that written test will carry 80% marks and 20% marks were assigned for
the interview. However, it was also provided that candidates securing minimum 50%
marks in the general category and minimum 40% marks in the reserved categories
in the written test would qualify for the interview. Entire selection was undertaken in
accordance with the aforesaid criterion which was laid down at the time of
recruitment processes. After conducting the interview, marks of the written test and
the interview were to be added for the final selection. However, since the benchmark was not stipulated earlier, for giving the appointment, after two months of the
advertisement i.e., on 16-10-2010, the Government of Madhyakhand decided to
give equal importance to both the written and viva tests, thus equally distributing
the weightage to both the tests (i.e., 50% to each) and appointment only to those
persons who have secured over all 70% or above marks in the unreserved category
and 65% or above marks in the reserved category. In furtherance of the above
mentioned decision, the Government of Madhyakhand made a declaration on 20-102010.
The written examination was held on 25-1-2011, where 4070 candidates appeared
and out of which 412 candidates in the general/ unreserved category obtained 50%
marks and above and 47 candidates in the reserved categories secured 40% marks
and above. Out of 47 candidates in the reserved category 16 were from Bholi and
31 were from Suli community.
A press note dated 27-2-2011 was issued, thereby calling the successful candidates
of the preliminary examination for Combined Competitive Examination for interview.
The interview was conducted on 31-2-2011 and a final result sheet was published
on 9-3-2011. In pursuance thereto, appointment letters were issued to the
successful candidates on 11-3-2011.

Challenging the said appointments, some of the unsuccessful candidates filed


Original Application before the Madhyakhand State Administrative Tribunal. One
such applicant, named Mr. Ajay Shekhar had secured 45 marks out of 50 in the
written examination, but was awarded only 18 marks in the interview. Whereas
other candidates like Miss Shehnaz Faruqui, belonging to the Bholi community,
Miss. Rohini Rani Birdla belonging to the Suli community, Mr. Sanjeeb Raj and Mr.
Debang Gokhla of unreserved category got equal marks in the interview as in the
written examination or more distorting results. For instance, Miss. Rohini Rani Birdla
got 21 marks in the written examination, but was given 45 marks in the interview.
Similarly, Mr. Sanjib Raj got 27 marks in the written examination, but got 45 marks
in the interview. Directions have been sought from the Tribunal to set aside the
appointment orders issued by the Respondents as per order dated 11-3-2011, which
was allowed. All such appointments were thus quashed, as equal marks were
earmarked for both the written examination and interview, which is impermissible in
law. The Tribunal further held that the interview can never be given equal
importance as that of the written test in any recruitment process and thereby
ordered initiation of fresh recruitment process.
Hence, the instant appeals.