2003 (5) TMI 510 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of selection criteria and process for the posts of Assistant District Transport Officer (ADTO).
2. Allegations of misrepresentation and mala fides by the appellants.
3. Allocation of marks for interview and additional qualifications.
4. Impact of calling more candidates for interview than the prescribed ratio.
5. Consequences of misrepresentation in legal proceedings.

Summary:

1. Validity of Selection Criteria and Process:
The appellants challenged the selection process for ADTO posts, arguing that the criteria for selection were framed after the declaration of the written examination results, and that the standard was lowered to make 40 additional candidates eligible for interview. They contended that only 21 candidates should have been called for interview in the general category based on merit from the written examination, citing Ashok Kumar Yadav and Ors. v. State of Haryana and Ors., [1985] 4 SCC 417.

2. Allegations of Misrepresentation and Mala Fides:
The respondents raised a preliminary objection, asserting that the appellants made deliberate misrepresentations regarding the allocation of marks and attributed mala fides to the authorities. The appellants initially claimed that 100 marks were allocated for the interview out of a total of 250, which was later found to be false. The Supreme Court noted that such conduct was condemnable and disentitled the appellants from any relief.

3. Allocation of Marks for Interview and Additional Qualifications:
The Court examined the criteria, which allocated 25 marks for the interview out of a total of 240 marks, finding it to be within acceptable limits (10.4%). The appellants' claim that 100 marks were allocated for the interview was found to be a misrepresentation. Additionally, the Court rejected the contention that the appellant in Civil Appeal No. 937 of 2002 should have received separate marks for each additional qualification, clarifying that only the highest qualification was considered.

4. Impact of Calling More Candidates for Interview:
The Court found that calling more candidates for the interview did not vitiate the selection process, especially since the appellants were lower in merit. The marks secured by the selected candidates in the interview were not grossly disproportionate to their written test marks, and there was no evidence of arbitrariness or bias.

5. Consequences of Misrepresentation in Legal Proceedings:
The Court emphasized the importance of honesty in legal proceedings, citing previous judgments where special leave was revoked due to false statements. Despite the appellants' apology, the Court imposed costs on them for their misrepresentation, warning them to be careful in the future.

Conclusion:
The appeals were dismissed with costs, and the Court refrained from taking further action against the appellants due to their apology. The selected candidates, having been in service for about five years, were allowed to continue.