CODE OF CIVIL PROCEDURE

Home Work:- 09

Case Name:- Ashok Kumar Yadav And Ors.vs State Of Haryana And Ors.

Citation:- 1987 AIR 454.

Bench:- Bhagwati, P.N.

Facts:-

• This case revolves around the recruitment tom posts in Haryana Civil Service and other
allied services.
• 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.
• The written examination carries an aggregate of 700 marks for candidates in general
and for ex-servicemen it carries an aggregate of 400 marks while in case of both, the
viva voce examination carries 200 marks. Regulation 3 provides that no candidate
shall be eligible.
• 119 posts became available for being filled and on the basis of total marks obtained in
the written examination as well as viva- voce test, 119 candidates were selected and
recommended by the Haryana Public Service Commission to the State
Government.
• The respondents-petitioners had obtained very high marks ,at the written 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.
• Thus he filed a writ petition in the High Court an Punjab and Haryana H.C gave
judgement in favour of the Petitioner.
• Thus Respondents filed an appeal in the Supreme Court of India.

ISSUES

1. Whether Recruitment to posts in Haryana Civil Service (Executive) & Allied

Services-Selection by Public Service Commission. Some interviewed candidates
closely related to Members-Selections vitiated?
2. Whether the viva voce examination suffers from the vice of arbitrariness?
 3. Whether Natural Justice-Condemnatory observations made by High Court against
Chairman and Members of Public Service Commission without their being party
respondents?
Petitioner’s Argument:- (1) 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.
(2) that three of the selected candidates were related to two members of the Commission
namely, Shri R.C. Marya and Shri Raghubar Dayal Gaur 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.
(3) 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 by making it possible
for the Haryana Public Service Commission to boost up or deflate the total marks which
might be obtained by a candidate. This infirmity had the effect of invaliding the selection made
by Haryana Public Service Commission
(4) that the allocation of 200 marks for the viva voce test out of a total of 900 marks for the
generality of students and a total of 600 marks for ex servicemen was excessive and it had
the effect of distorting the entire process of selection and it was accordingly unconstitutional
as involving denial of equal opportunity in public employment; and
(5) that the viva voce test was not conducted fairly and honestly and the selections made
were vitiated on account of nepotism, favouritism and casteism and also political motivation.

Interpretation of Apex Court:-

In this case the interpretation of court is similar to the appellant’s argument. So I am including
the arguments on behalf of appellants in the Interpretation.

1. The Division Bench of the High Court was not justified in making condemnatory
observations against the Chairman and all the members of the Haryana Public Service
Commission. Three members namely S/Sh. D.R. Chaudhary, Raghubar Dayal
Gaur and R.C. Marya were joined as respondent Nos. 3, 4 and 5 but the Chairman Shri B.S.
Lather and another member Shri Gurmesh Prakash Bishnoi were not impleaded in the writ
petitions and yet the most damaging observations were made against them This was clearly
in violation of the principles of natural justice. Moreover, these observations against the
Chairman and members of the Haryana Public Service Commission were made without
any factual basis on the pleadings or the evidence.
2. There was no material whatsoever on record to justify the observations made by the
Division Bench that high marks were undeservedly given to the three candidates related to
Shri R.C. Marya and Shri Raghubar Dayal Gaur and low marks were deliberately given to the
other meritorious candidates with a view to manipulating the selection of the former at the cost
of the latter. In fact, far from there being any material supportive of such observation, there is
one circumstance, which, completely militates against the view taken by the Division
Bench and that circumstance is that the marks obtained by the candidates at the written
examination were not disclosed to the members of the Haryana Public Service
Commission who held the viva voce examination. If the members, who interviewed the
candidates, did not know what were the marks obtained by the candidates at the written
examination, it is difficult to see how they could have manipulated the marks at the viva
voce examination with a view to pushing up the three candidates related to Shri R.C. Marya
and Shri Raghubar Dayal Gaur or any other candidates of their choice so as to bring them
within the range of selection.
3. Moreover, neither of them took any part in any discussion in regard to the merits of his
relatives nor is there anything to show that the marks or credits obtained by their
respective relatives at the interviews were disclosed to them. There was no infirmity
attaching to the selections made by the Haryana Public Service Commission on the ground
that, though their close relative were appearing for the interview, Shri Raghubar Dayal Gaur
and Shri R.C. Marya did not withdraw completely from the entire selection process.
4. The Haryana Public Service Commission was not right in calling for interview all the
1300 and odd candidates who secured 45 per cent or more marks in the written examination.
It is clear on a plain natural construction of Regulation 3 that what it prescribes is
merely a minimum qualification for eligibility to appear at the viva voce test.
5. The 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 of the State should be
invited to participate in the interview as 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 and cogent reasons
must be recorded in writing by the Chairman and members of the Public
Service Commission.
Finally the Appeal was allowed.

Cases Referred:-

• C. Ranga Raju v. State of Andhra Pradesh [1981] 3 S.C.R. 474

• A.K. Kraipak v. Union of India A.I.R. 1970 S.C. 150
• D.K. Khanna v. Union of India & Ors. [1973] 1 S.L.R.80
• Surinder Nath Goel v. State of Punjab [1973] 1 Ser. L.R.690 and
• M. Ariffudin v. D.D. Chitaley & Ors. [1973] 2 Ser. L.R. 11

Submitted by :-
U.K.SANKAR,
18LLB116,
Sem V.