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TMI Blog1991 (5) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... d in October and November, 1989. The result of the successful candidates in order of merit was published in daily newspaper on 27th November, 1989. The very next day the Board also issued individual letters to the successful candidates calling upon them to join on 26th December, 1989 at Electricity Training Institute' Sarojini Nagar, Lucknow, The appellants before us joined the institute in December, 1989 and thereafter they were sent to various places for training and they started drawing salaries in the prescribed pay-scale and since then they are continuously working on the respective posts. The three unsuccessful candidates filed writ petitions in the Lucknow bench of the High Court of Judicature at Allahabd inter alia on the ground that the marks for interview and group discussion had been allocated on the higher side and against the decisions of this Court and as such the entire selection stood vitiated and was liable to be quashed. The High Court by Judgment dated 28th March, 1990 allowed the writ petitions by a common Judgment on the ground that the marks allocated for interview and group discussion were more than 20 per cent and hence the whole selection was liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and other details including subjects given for group discussion should be furnished to this Court. All the above material should be furnished within three weeks with an affidavit of the Secretary of the U.P. State Electricity Board." Pursuant to the above direction of this Court, the Secretary, U.P. State Electricity Board submitted an affidavit stating that the Board addressed communications to 16 Electricity Boards in the country and also to other public sector undertakings. In response to the said communication, the information received by him has been furnished before this Court. According to the said information 14 Electricity Boards have sent their replies stating that there was no provision of group discussion in their rules for recruitment to the post of Assistant Engineers. Only one i.e. Andhra Pradesh State Electricity Board has informed that there was a provision for interview/group discussion in their rules but the marks provided were 100 for written examination and 10 for interview/group discussion. As regards the public sector undertakings, there is no provision for group discussion in Coal India Ltd., Oil & Natural Gas Commission, National Hydro Electric Powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... public sector and private undertakings and enterprises. It is a mode of selection in aid of interview in order to assess the personality o the candidate and determine his/her suitability to the job in hand. In the case of an interview or oral viva voce it is restricted to a single candidate at a time while in the case of group discussion it takes place among a group of candidates themselves,. Generally, candidates of same age level, similar educational qualifications, experience and environmental background are grouped together and asked to discuss a subject. A group usually consists of 5-10 candidates. The candidates in a group are given full freedom to express their views on a subjct given for discussion. In the group discussion the candidate are not told as to who speak first or last and how much time each candidate will take in such discussion. The examiner gives two or three topics and asks the group to choose any one of them and then proceed to discuss them. The examiner acts only as a silent observer in the background. The examiner may stay behind a partition from where he can watch candidates and listen to them but cannot be seen or heard by the group. As the members of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n also as one of the modes of selection them marks for interview and group discussion should not exceed 10 per cent 5 per cent respectively of the total marks. The next question which arises for consideration is as to what direction would be just and proper in the circumstances of this case. We do not agree with the High Court to quash the entire selection made by the Board for the posts of Assistant Engineers (civil). It may be noted that Rajeev Govil, Vivek Aggarwal and Gyanendra Srivastava who remained unsuccessful had filed the writ petitions after taking chance and fully knowing the percentage of marks kept for interview and group discussion. It is no doubt correct that they cannot be stopped from challenging the rule which is arbitrary and violative of Article 14 of the Constitution, but in modulating the relief, their conduct and the equities of those who have been selected are the relevant considerations. The appellants have jointed the post on 28th December, 1989 and after completing the training are discharging their duties at different places. It has been submitted on their behalf that some of them had left their earlier jobs and have also become overage. Thus we do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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