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TMI Blog1981 (8) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... rules made by the Governor of Rajasthan in consultation with the Rajasthan Public Service Commission and the High Court of Rajasthan, the Rajasthan Public Service Commission held a competitive examination for recruitment of Munsifs. The competitive examination consisted of a written examination with two papers in law carrying 100 marks each and two papers, one in Hindi and the other in English, each carrying SO marks and a viva voce examination carrying 100 marks. The viva voce examination was conducted by a Board consisting of Hon'ble Mr. Justice P. D. Kudal, Judge, Rajasthan High Court, Shri Hari Datt Gupta, Chairman, Rajasthan Public Service Commission, Adaviappa, Member, Rajasthan Public Service Commission and an expert. The expert Member was either Dr. I. C. Saxena, or Shri Kagzi or Shri Jallan who sat by rotation. Schedule III of the Rajasthan Judicial Service rules prescribes the criteria to be considered and the matters to be tested in the viva voce examination. The relevant paragraph is as follows: In interviewing the candidates, the suitability for employment to the judicial service shall be decided with reference to his record at the school, College and Universit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... almost universally as the gateway to public services . The ideal in recruitment is to do away with unfairness(3) . Competitive examinations were the answer to the twin problems represented by democracy and the requirements of good administration. They were the means by which equality of opportunity was to be united with efficiency.. By this means favouritism was to be excluded and the goal of securing the best man for every job was to be achieved(4) . open competitive examinations are a peculiarly democratic institution. Any qualified person may come forward. His relative competence for appointment is determined by a neutral, disinterested body on the basis of objective evidence supplied by the candidate himself. No one has pull ; everyone stands on his own feet. The system is not only highly democratic it is fair and equitable to every competitor. The same rules govern, the same procedures apply, the same yardstick is used to test competence(S). How should the competitive examination be devised ? The Kothari Committee on Recruitment Policy and Selection methods in their report said: A system of recruitment almost totally dependent on assessment of a person's academi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsonnel testing and have become important instruments wherever tests of personal attributes are considered essential. As we have noted no satisfactory written tests have yet been devised for measuring such personal characteristics as initiative, ingenuity and ability to elicit cooperation, many of which are of prime importance. When properly employed, the oral test today deserves a place in the battery used by the technical examiner.. The general principle is that resort should never be had to an oral if the relevant factor to be tested can be measured at some other point in the examining process. The reason is that the reliability of the oral, even under the best of conditions, tends to be lower than that of the well designed written test. The oral test should be confined, then, to the evaluation of relevant traits which cannot be measured in any other way (p. 92) In the United Nations Hand Book on Civil Service Laws and Practice it is said: .. the written papers permit an assessment of culture and intellectual competence. The interview permits an assessment of qualities of character which written papers ignore; it attempts to assess the man himself and not his intellectua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject, it may be examined in detail by the Research Unit of the Union of Public Service Commission. In this background, let us now examine the situation presented by the Rajasthan rules. The Rajasthan Judicial Service rules leave been made by the Governor of Rajasthan in consultation with the High Court of Rajasthan and the Rajasthan Public Service Commission. The High Court may be expected to know the precise requirements of the judicial service of the State and the calibre of the available source-material, while the Public Service Commission is an expert body thoroughly conversant with recruitment policies and selection methods. Both the High Court and the Public Service Commission are independent bodies, outside executive control, occupying special positions and enjoying special status under the constitution. Neither is an outside agency. Both are well-acquainted with the particular needs of their State and the people. If the Governor, in consultation with the High Court and the Public Service Commission of the State makes rules stipulating seventy five percent of the marks for the written examination and twenty five percent for the interview test, on what basis can a Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore us Periakaruppan's case and Ajay Hasia's case were cases of admission to colleges. We have already pointed out that the provision for marks for interview test need not and cannot be the same for admission to colleges and entry into public services. In fact in Periakaruppan's case, even in the case of college admissions the Court observed: While we do feel that the marks allotted for interview are on the high side and it may be appropriate for the Government to re-examine the question, we are unable to uphold the contention that it was not within the power of the Government to provide such high marks for interview or that there was any arbitrary exercise of power . It is true that in Periakaruppan's case the Court held that the non allocation of marks under various heads in the interview test was illegal but that was because the instructions to the Selection Committee provided that marks were to be awarded at the interview on the basis of five distinct tests. It was thought that the failure to allocate marks under each head or distinct test was an illegality. But, in the case before us, the rule merely and generally indicates the criteria to be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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