Full Judgment Text
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PETITIONER:
MADHUKAR BAKRU PINGAL
Vs.
RESPONDENT:
SHRI RAJENDRA D. GAIKWAD & ORS.
DATE OF JUDGMENT13/09/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
JEEVAN REDDY, B.P. (J)
HANSARIA B.L. (J)
CITATION:
1995 SCC (6) 42 JT 1995 (9) 598
1995 SCALE (5)430
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
On July 27, 1992 applications were invited to fill up
the post of Police Patil in the village Ambe, Dindori Taluk
of Nasik District. Five persons had applied for the
recruitment. The appellant was selected and was appointed as
the Police Patil. On challenge being made by the respondent
No.1 before the Tribunal, the Tribunal set aside the
appointment order of the appellant. The Tribunal observed
that 50% of marks were reserved for written examination and
50% marks were for viva-voce and held that the prescription
of 50% of marks for viva-voce is arbitrary as per the law
laid down by this Court. Therefore, the Tribunal set aside
the appointment of the appellant and directed to appoint the
respondent. Thus, this appeal by special leave.
Mr. Khanwilkar, learned counsel for the appellant,
contended that even assuming that prescription of 50% of
marks for viva-voce is invalid the appropriate course would
have been that a direction was given to the respondent Nos.
2 and 3 to prescribe lesser marks for viva-voce and higher
marks for written examination and to direct conducting
examinations of the candidates who had applied for afresh
and considering the cases of the candidates according to
law. We find force in the contention. The Tribunal, instead,
has given direction to appoint Respondent No.1 who was not
selected by the appointing authority. Under the interim
direction, the appellant is continuing in service and would
continue till a candidate is duly selected and appointed.
In these circumstances, we set aside the direction
issued by the Tribunal to appoint the contesting respondent
No.1 as Police Patil. Instead the official respondents are
directed to conduct written examination and viva-voce test
allocating 85% and 15% of marks respectively and consider
the cases of all those candidates who appeared at the
initial examination and make selection according to rules.
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The appeal is accordingly allowed. No costs.