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TMI Blog2011 (5) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... or (Law) in the Other Backward Classes (OBC) Category. The petitioner in W.P.(C) No.914/2011 had also applied for the same post though in the Scheduled Caste (SC) Category. Both being unsuccessful, preferred these writ petitions impugning the selection procedure and seeking the relief of appointment. Notices of the writ petition were issued. Vide order dated 20th October, 2010 in W.P.(C) No.7007/2010, the respondent CCI was directed to keep one post available in the OBC Category till the disposal of the writ petition. Similarly vide order dated 11th February, 2011 in W.P.(C) No.914/2011, the respondent CCI was restrained from appointing any person other than the petitioner to the post of Deputy Director (Law) in the SC Category. The matters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the same were distributed along with the admit card for the written test held. The counsels rely on Clauses 4 and 9 of the said written instructions and which are as under: "4. The selection to all the positions advertised will be based on a written test followed by an interview. The written test will carry 80% of the marks and interview will have 20% of the marks. The written test will be in two parts. The first part will be based on multiple choice questions for 50 marks. There is no negative marking in this multiple choice questions. The second part carrying 30 marks will be distributed to the descriptive questions on the subject of your specialization within the broad outline of the subject of specialization as indicated in the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Manjusree Vs. State of A.P. (2008) 3 SCC 512 laying down that after the commencement of the selection process, the criteria of minimum marks for the interview could not have been introduced and the introduction of the requirement of minimum marks for interview after the entire selection process (consisting in that case also of written examination and interview) was completed amounted to changing the rules of the game after the game was played and which was held to be impermissible; (ii) N.T. Devin Katti Vs. Karnataka Public Service Commission (1990) 3 SCC 157 laying down that candidates who apply, and undergo written or viva voce test acquire vested right for being considered for selection in accordance with the terms and conditions con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (v) Ramesh Kumar Vs. High Court of Delhi MANU/SC/0079/2010 again on interpretation of the Recruitment Rules under consideration therein, holding that the same did not permit fixation of minimum marks. 9. During the course of hearing it was informed that of the 13 posts for Deputy Director (Law) only 5 out of 9 in the Unreserved Category have been filled up but none of the 3 posts in the OBC Category or one post for the SC Category has been filled up in pursuance to the selection aforesaid. The learned ASG has informed that another advertisement has already been issued inviting applications and in which advertisement it has now been provided that for appointment minimum of 65% aggregate marks in written test (of 80 marks) and interview (of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation and certain others who as per the terms earlier advertised were not eligible for consideration, became eligible for consideration. Similarly, attention is invited to para 3 of the judgment in Durgacharan Misra where also the change in terms made certain candidates eligible for consideration ineligible. The learned ASG has contended that with the introduction of the minimum marks of 70% for Unreserved Candidate and 65% for Reserved Category for appointment, none had been disqualified and the respondent CCI is fully entitled to seek appointment of candidates of a certain standard. It is reiterated that there is no indefeasible right of appointment. 13. The learned ASG has also contended that no case of mala fide is made out; there are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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