Anamica Mishra & Anr Vs. U.P. Public Service Commission, Allahabad & Ors  INSC 338 (9 November 1989)
Rangnath Misra Rangnath Sawant, P.B. Ramaswamy, K.
JT 1989 (4) 410 1989 SCALE (2)1095
Pradesh Educational Service-Junior Scale (Women's Branch)--Upper Zila Basic Shiksha
Adhikari (Women)--Recruitment of--Written test--Improper feeding of
computer--Consequent interview and selection of candidates securing lesser
marks in written test-Cancellation of entire recruitment examination and reholding
Uttar Pradesh Public Service Commission conducted recruitment examination to
the post of Upper Zila Basic Shiksha Adhikari (Women) in two stages--written
test and interview. The Commission cancelled the entire recruitment examination
for re-holding it, after it was found that due to improper feeding into the
computer candidates who secured lesser marks in the written examination were
interviewed and finally selected while candidates who had better performance
were not called for interview. Writ petitions challenging the action of the
Commission were dismissed by the High Court. Hence these appeals.
the appeals and setting aside the judgment of the High Court, this Court,
When no defect was pointed out in regard to the written examination and the
sole objection was confined to exclusion of a group of successful candidates in
the written examination from the interview, there was no justification for cancelling
the written part of the recruitment examination. [125G] The situation on the
other hand could have been appropriately met by setting aside the recruitment
and asking for a fresh interview of all eligible candidates on the basis of the
written examination and selection of those who on the basis of the written and
the freshly-held interview became eligible for selection. [125H; 126A]
APPELLATE JURISDICTION: Civil Appeals Nos. 45824585 of 1989.
From the Judgment and Order dated 29.7.1988 of the Allahabad High Court in C.M.W.P.
No. 11933 & 16493/1987. 1573 1/1987 & 12373/1987.
S.P. Singh, N.M. Popli, R.B. Misra, Uma Nath Misra and R.C. Kaushik for the
for the Respondent.
Judgment of the Court was delivered by MISRA, J. Special leave granted.
short question in these appeals is as to whether the High Court was right in
upholding the decision of the Uttar Pradesh Public Service Commission to
re-hold the recruitment examination.
requisition of the State Government the State Public Service Commission had
undertaken the recruitment to the post of Upper Zila Basic Shiksha Adhikari
(Women), District Inspectress of Girls Schools/Associate Regional Inspectress
of Girls Schools in Uttar Pradesh Educational Service--Junior Scale (Women's
Branch) The advertisement inviting applications from eligible candidates was
published on May 5, 1985 and a corrigendum was published on June 8, 1985. The
recruitment examination was in two stages--written and interview/personality
test. After the written examination was over, on the basis of the results
thereof successful candidates upto a base limit have to be called to be
interviewed. On account of improper feeding into the computer some of the
candidates who had better performance in the written examination were not
called and candidates securing lesser marks in the written examination were not
only called for interview but were also finally selected. When this position
was known and upon an inquiry was factually established, the Public Service Commission
decided to cancel the entire recruitment examination and asked for re-holding
of it. The High Court has upheld the action of the Public Service Commission
and has dismissed the writ petitions.
have heard counsel for the parties and are of the view that when no defect was
pointed out in regard to the written examination and the sole objection was
confined to exclusion of a group of successful candidates in the written
examination from the interview, there was no justification for cancelling the
written part of the recruitment examination. On the other hand, the situation
could have been appropriately met by setting aside the recruitment and asking
for a 126 fresh interview of all eligible candidates on the basis of the
written examination and select those who on the basis of the written and the
freshly-held interview became eligible for selection.
allow the appeals, set aside the judgment of the High Court and direct that the
order of the Public Service Commission cancelling the written examination shall
stand vacated. In lieu thereof we direct that the results of the written
examination shall stand sustained and shall form the basis for the interview
part of the recruitment and on the basis of the two examinations and in terms
of the recruitment rules fresh selections shall be made. We would clarify that
with the dismissal of the special leave petitions the selection of the two
Scheduled Caste candidates and five Backward Class candidates has become final
and would not be disturbed.
State Public Service Commission should have been more careful in dealing with
the matter so that four years in the process of recruitment would not have been
lost and the public cause would not have suffered; public time would not have
been wasted in requiring re-doing of what had once been done and the litigation
could have been avoided. We have also not been able to appreciate the
justification for cancellation of the written part of the recruitment
examination and drive the candidates to litigation. On the facts alleged we
direct that the recruitment which is now to be re-done by completing the
interview examination should be finalised within four months hence.
shall be no order as to costs.