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TMI Blog1994 (9) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... seven and half years while calling applicants for interview, for appointments against the posts of Presiding Officers of the Labour Courts. 3.An advertisement was issued inviting applications for appointment, to the post of Presiding Officers of the Labour Courts constituted under the provisions of M.P Industrial Relations Act, 1960 (hereinafter referred to as 'the Act'). Nine posts of such Presiding Officers had to be filled up, out of which only four posts were available to the general category candidates. In pursuance of the advertisement, several applications were received. In view of Section 8(3)(c) of the Act in the advertisement it was prescribed that the applicant should have practised as an advocate or a pleader f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rview who qualify at the said screening test. 5. The relevant part of Section 8 of the Act is as follows: 8. Labour Courts.- (1) The State Government shall, by notification constitute one or more Labour Courts having jurisdiction in such local area or local areas as may be specified in such notification. (2)The Labour Court shall be presided over by a single person to be appointed by the State Government with the approval of the Chief Justice of the High Court. (3)A person shall not be qualified for appointment as a Presiding Officer of Labour Court unless- (a) he has held any judicial office in India for not less than three years; or (b) he has held any office in the Labour Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss those basic qualifications and criteria before their applications can be entertained for consideration. The Selection Board or the Commission has to decide as to what procedure is to be followed for selecting the best candidates from amongst the applicants. In most of the services, screening tests or written tests have been introduced to limit the number of candidates who have to be called for interview. Such screening tests or written tests have been provided in the concerned statutes or prospectus which govern the selection of the candidates. But where the selection is to be made only on basis of interview, the Commission or the Selection Board can adopt any rational procedure to fix the number of candidates who should be called for in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of the time constraint. The members of the Commission shall not be in a position to assess properly the candidates who appear before them for interview. It appears that Union Public Service Commission has also fixed a ratio for calling the candidates for interview with reference to number of available vacancies. 9.In Kothari Committee's Report on the Recruitment Policy and Selection Methods for the Civil Services Examination it has also been pointed out in respect of interview where a written test is also held as follows: The number of candidates to be called for interview, in order of the total marks in written papers, should not exceed, we think, twice the number of vacancies to be filled ...... In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the post in question. In a sense Section 8(3)(c) places a bar that no person having less than five years of practice as an advocate or a pleader shall be entitled to be considered for appointment to the post of Presiding Officer of the Labour Court. But if amongst several hundred applicants, a decision is taken to call for interview only those who have completed seven and half years of practice, it is neither violative nor in conflict with the requirement of Section 8(3)(c) of the Act. 10.This Court in the case of State of Haryana v. Subash Chander Marwaha (1974) 3 SCC 220: 1973 SCC (L S) 488: (1974) 1 SCR 165 had to consider as to whether the appointments could have been offered only to those who had scored not less than 55% mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds on the personal merit of the candidate concerned. It is true that it has been found that sometimes the persons with lesser years of experience and practice have proved to be better advocates and they excel in profession. The success in profession is not necessarily linked with the years of practice. But that may be an exception. Normally, it is presumed that with longer experience an advocate becomes more mature. In any case, this fixing the limit at seven and half years instead of five years of the practice for purpose of calling the interview cannot be said to be irrational, arbitrary having no nexus with the object to select the best amongst the applicants. 13.The High Court has taken the view that raising the period from fiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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