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TMI Blog2006 (10) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... rk experience on the post of Teaching/Administrative post." It was stated that the essential qualifications stipulated in the advertisement were the minimum. The State of Madhya Pradesh, in exercise of its power conferred upon it by sub-Section (2) of Section 15-A of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 made Rules known as Madhya Pradesh State University Service Rules, 1982 (for short, 'the 1982 Rules'), Rules 5 and 8(ii) which are relevant for our purpose read as under : "5. Method of recruitment.- (1) Without prejudice to the provisions of rule 7, recruitment to the Service after the commencement of these rules, shall be by the following methods, namely:- a) by direct recruitment, b) by promotion of persons, holding a lower post which may or may not comprise the Service, to a higher post comprising the Service, and c) by deputation from the State Government or any organization other than the Universities as the Kuladhipati may deem fit, (2) The number of persons recruited by various methods under sub-rule (1) shall be in accordance with the percentage shown in Schedule I. (3) Notwithstanding anything to the contrary contained in sub-rules (1) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court, which was registered as Writ Petition No.2665 of 2004. All the selected candidates were not impleaded as parties therein. Only Respondent Nos.3 and 4, against whom allegations were made to the effect that although they were inexperienced and were having inferior academic qualification, were selected being influential persons were impleaded, stating : "That, it would be pertinent to mention here that the husband of respondent No.3, is a Deputy Collector and is presently posted as S.D.M. Ujjain. He is having high political link and is related to influential personality. Inspite of having no experience, much less any teaching or administrative experience, she has been adorned with the selection on the post of Assistant Registrar. Similarly respondent No.4 and other selected candidates, who lack any teaching experience, having been selected, whereas the petitioner who satisfied all the requisite qualifications, for the aforesaid post, has not been selected." The aforesaid respondents ware said to have been impleaded in a representative capacity purportedly because Appellant was not having the addresses of the candidates who were selected. The learned Single Judge of the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleaded in their representative capacity; admittedly no step had been taken in terms of Order 1 Rule 8 of the Code of Civil Procedure or the principles analogous thereto. The High Court did not go into the question as to whether any favoritism or nepotism had been shown in favour of the respondent Nos.3 and 4 by the members of the Selection Committee. Notices having been issued and the respondents having filed their responses before the High Court, we may presume that the contention in regard to favoritism or nepotism allegedly shown by the Selection Committee in favour of respondent Nos.3 and 4 had not been pressed. In the aforementioned situation, all the seventeen selected candidates were necessary parties in the writ petition. The number of selected candidates was not large. There was no difficulty for Appellant to implead them as parties in the said proceeding. The result of the writ petition could have affected the appointees. They were, thus, necessary and/or in any event proper parties. In Prabodh Verma (supra) this Court held : "The first defect was that of non-joinder of necessary parties. The only respondents to the Sangh's petition were the State of Uttar Prade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for assessment of the suitability of the candidates for admission and it is a highly subjective and impressionistic test where the result is likely to be influenced by many uncertain and imponderable factors such as predelictions and prejudices of the interviewers, his attitudes and approaches, his pre-conceived notions and idiosyncrasies and it is also capable of abuse because it leaves scope for discrimination, manipulation and nepotism which can remain undetected under the cover of an interview and moreover it is not possible to assess the capacity and calibre of a candidate in the course of an interview lasting only for a few minutes and, therefore, selections made oil the basis of oral interview must be regarded as arbitrary and hence voilative of Article 14. Now this criticism cannot be said to be wholly unfounded and it reflects a point of view which has certainly some validity. The Court, upon noticing the criticism of the reputed authors in this behalf, observed : ".......the oral interview method continues to be very much in vogue as a supplementary test for assessing the suitability of candidates wherever test of personal traits is considered essential. Its relevance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual and personal qualities. While a written examination has certain distinct advantages over the viva voce test, there are yet no written tests which can evaluate a candidate's initiative, alertness, resourcefulness, dependableness, cooperative- ness, capacity for clear and logical presentation, effectiveness in discussion, effectiveness in meeting and dealing with others, adaptability, judgment, ability to make decision, ability to lead, intellectual and moral integrity. Some of these qualities can be evaluated, perhaps with some degree of error, by viva voce test, much depending on the constitution of the interview board." However, it was observed : ".....There cannot be any hard and fast rule regarding the precise weight to be given to the viva voce test as against the written examination. It must vary from service to service according to the requirement of the service, the minimum qualification prescribed, the age group from which the selection is to be made, the body to which the task of holding the viva voce test is proposed to be entrusted and a host of other factors. It is essentially a matter for determination by experts." In State of U.P. etc. vs. Rafiquddin & Ors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eat details. We are, however, not oblivious of a decision of this Court in Munindra Kumar & Ors. vs. Rajiv Govil & Ors. [(1991) 3 SCC 368 : AIR 1991 SCC 1607], when this Court refused to exercise its discretionary jurisdiction in directing creation of posts and/or granting relief to the appellants therein on equitable grounds despite quashing the Rules in question, but stated : " ..The last candidate out of the 25 selected candidates in general category has secured 134.5 marks. Out of the 25 candidates selected in the general category, 5 candidates have secured lesser marks than Rajeev Govil in written test, 9 candidates below Vivek Aggarwal and 2 below Gyanendra Bahadur Srivastava. A perusal of the mark-sheet also shows that 50 candidates are such who have not been selected instead (sic inspite) of having secured 87.5 marks or above in written test, 79 candidates who have secured above 85 marks, and more than 100 candidates who have secured more than 81 marks in the written test. Even if we were inclined to give a further chance of interview and group discussion by keeping 10 per cent and 5 per cent marks respectively for interview and group discussion, in all fairness it would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies and functions of the incumbents thereof. The post of Assistant Registrar in the universities was not of such nature which would answer the requirements of the tests laid down by this Court at certain times. The post requires no professional experience. What was required to be seen was academic qualification, experience and other abilities of the candidate. Whereas the ability of communication and other skills may have to be judged through interview, experience of the candidate as also the marks obtained by him in the written examination could not have been ignored. It is not that the Commission was not called upon the hold a written examination. The Rules enabled the Commission to do so. Such a written examination in fact was held. However, the same was held only for the purpose of short-listing the candidates and not for any other purpose. It was not a fair exercise of power. The marks obtained by the candidates in the said written examination should have been taken into consideration. Evidently, the Commission did not do so. For the reasons stated hereinbefore, we would direct the State of Madhya Pradesh therefor to consider the desirability of amending the Rules suitably so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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