Singh & Anr Vs. Subordinate Services Selection Bard, Haryana & Ors
 INSC 357 (15
Kasliwal, N.M. (J) Kasliwal, N.M. (J) Fathima Beevi, M. (J)
1991 AIR 1011 1991 SCC (1) 686 JT 1990 (4) 528 1990 SCALE (2)1010
Excise and Taxation Inspectorate (State Service, Class 111) Rules,
1969--Selection for Excise Inspectors--Viva voce test-Provision of 28.5 of
total marks--Whether reasonable.
Excise and Taxation Inspectorate (State Service, Class III) Rules, 1969
prescribed 250 marks for the written test and 100 marks for viva voce for
selection to that service. In the written examination held by the State
Subordinate Services Selection Board in 1985 for the post of Excise Inspectors
the appellants were declared successful for the general category. They were
then interviewed along with others in March 1986.
writ petition preferred by the appellants before the High Court seeking a
direction to the respondents to declare the result the affidavit filed by the
Chairman of the Selection Board stated that they had awarded viva voce marks
out of 12.2% of the total marks as per the ruling of the Court in Ashok Kumar Yadav
v. State of Haryana,  Supp. SCR 657. In the amended petition the
appellants took the plea that prescribing 100 marks in the Rules for viva voce
out of the total of 350 marks, i.e. 28.5%, was abso- lutely arbitrary and
contrary to the law so laid down. In the meantime, the Selection Board decided
to reinterview the candidates as in its view the requirement of the Rules had
not been properly followed by the previous Board in respect of alloting of
marks in the viva voce. The appellants chal- lenged the said decision as
illegal and unconstitutional.
High Court upheld the Rules on the view that Ashok Kumar Yadav's case had no
application to the selection made by the Board.
the appeal, the Court,
1: The principle and the ratio of Ashok Kumar Yadav's case will apply to the
selections made in the in- stant case also though made by the Subordinate
Services Selection Board. [88F] 84 Mohinder Sain Garg v. State of Punjab &
Ors., (Civil Appeal Nos. 5329-32 of 1990 decided on November 15, 1990) referred
to. Leeladhar v. State of Rajasthan & Ors.,  4 SCC 149 distinguished.
the first interview made by applying the correct principle the appellants were
selected and put at Sr. Nos. 3 and 4 in the select list for appointment to the
post of Excise Inspectors under the general category. They ought to have been
given appointment accordingly. [89E]
Though the second interview on the basis of 100 marks for viva voce test was
wrong and illegal but still it would not be just and proper to cancel the
selections already made as the selected candidates had joined posts long hack.
respondents should take suitable steps and pass appropriate orders for
appointing the appellants on the post of Excise Inspectors within one month in
case they are found otherwise suitable. In case they have become overage during
the intervening period, it would not be considered as a disqualification for
their appointment on the said posts. [90B]