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TMI Blog1992 (9) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... al and factual. It was found that the post of Dy. Operations Manager was mere redefinition of the earlier post of Chief Pilot therefore the respondent was entitled to claim promotion on his Annual Confidential Reports (ACRs) and entire procedure of selection on ACR and interview was contrary to rules. Selection was found to be vitiated as the committee was not constituted in accordance with rules and regulations. Method of evaluation based 50% on ACR and 50% on interview, when the field of eligibility comprised of officers immediately below, was held to be arbitrary as such wide gap between ACR evaluation and personality test was liable to reduce entire selection process to a farce leaving ample scope for pick and choose. On facts it was fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly considered because they had been expunged the Court would be within jurisdiction to issue necessary direction. But it would be going too far if the Court itself evaluates fitness or otherwise of a candidate, as in this case. 3. Law on the proportion between written test and interview or evaluation on confidential entries and personality test have been laid down in series of decisions by this Court commencing from Ajay Hasia and Ors. v. Khalid Mujib Sehravardi and Ors. , Lila Dhar v. State of Rajasthan and Ors. . Ashok Kumar Yadav and Ors. etc. v. State of Haryana and Ors. etc. and State of U.P. v. Rafiquddin and Ors. 1987 supp. SCC 401, Distinction appears to have been drawn in interview held for competitive examination or admission i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Piolot. His duties were more or less the same as of Deputy Operations Manager except that the Deputy Manger has to exercise more administrative control on wider range. Categories 1 and 2 are admittedly categories of workmen and 3 to 6 are admittedly posts in management categories with administrative functions. From the regulations which have been framed and which were in operation prior to 1970 and after it, the post of Chief Pilot or Deputy Operations Manager were considered posts of the Officer's category. Method of selection for such post was by promotion but since 1970 in view of minutes recorded by the Corporation it become both a selection and a promotion post. If the regulations would have stood only like that probably it could b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, it was essential that it should be filled up by direct recruitment or promotion at the discretion of the Management' it cannot be taken to be amended by the letter of the Central Govt. which was issued as an advice due to greater margin in the marks for interview and evaluation on ACR, Further seniority was not ignored but while judging ability of various officers the method adopted was interview. 5. Nor was the High Court justified in its finding that the Committee was illegally constituted as proviso to Rule 10 empowers the General Manager to constitute a Board other than the one mentioned in Rule 10. From the record it appears the power was exercised by the Director under the proviso and the exercise of power docs not appear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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