Meghalaya High Court
Agnes Kharshiing vs . K.H.A.D.C., Through Its Secretary To ... on 23 October, 2018
Bench: Mohammad Yaqoob Mir, S.R. Sen
Serial No. 02
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP (C) No.355/2018
Date of Order: 23.10.2018
Agnes Kharshiing Vs. K.H.A.D.C., through its Secretary to the
Executive Committee
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Hon'ble Mr. Justice S.R. Sen, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. MQ Qureshi, Adv
For the Respondent(s) : Mr. S.P. Mahanta, Sr.Adv with
Mr. B. Khyriem, Adv
i) Whether approved for reporting in Yes/No Law journals etc.:
ii) Whether approved for publication in press: Yes/No Per Mohammad Yaqoob Mir, 'CJ': ORAL
1. Vide advertisement No.DC.1/34/2002-2015/39/218 dated 31.03.2015 issued by the Secretary to the Executive Committee, Khasi Hills Autonomous District Council, Shillong, applications were invited from the citizens of India for the post of Magistrate, Subordinate District Council Court, Khasi Hills Shillong, in the scale of pay of Rs.23,300-
700-27,500-830-32,480-970-39,270/- pm plus usual allowances as admissible under the rules in force.
2. The candidates vide letter No.DC.1/34/2002-2015/44/565 dated 21.08.2015 were required to appear for written examination consisting of two papers of 100 marks each. Note appended to the said letter provides that first ten candidates scoring highest marks in written examination will be called for personal interview.
3. For personal interview, Interview Committee was constituted vide notification No.DC.1/34/202-2016/53/792 dated 06.10.2016 consisting of the following members:-
1"1. Shri S. Kharsyiemlieh, Judge - Chairman District Council Court
2. Prof. L.S. Gassah, Deptt. - Member Political Science, NEHU
3. Shri Toki Blah, Retd. IAS - Member
4. Shri R.S. Wanniang, - Member Joint Secretary
5. Shri D.G. Syiemiong - Member Joint Secretary"
4. Vide notification No.DC.1/34/2002-2016/52/791 dated 06.10.2016, 13 (thirteen) candidates were declared to have qualified for personal interview. The interview was held but out of 13 (thirteen) candidates, two remained absent.
5. 500 marks were allocated for viva voce test i.e. 100 marks to each member of the Interview Committee. The process of selection was in progress, a letter dated 09.12.2017 addressed to the Chief Justice was received under title "Illegal appointments in judicial post under the District Council Courts of Meghalaya" wherein, it was highlighted that 500 marks have been allocated for personal interview, in the process, a candidate who had secured 100 marks out of 200 marks in the written examination was awarded 293 marks out of 500 marks in personal interview which has the effect of converting merit into demerit.
6. Though ten candidates scoring highest marks were to be called for personal interview, instead thirteen candidates were called, however, two candidates have not appeared. Regarding remaining eleven candidates, a score sheet was prepared wherein, marks obtained in written examination and viva voce test have been reflected. The marks obtained in written examination and marks awarded in viva voce test vis-à-vis six candidates will clearly demonstrate as to how merit has been a casualty in view of highest marks awarded in personal interview. The position of said six candidates is as under:-
Sl. Marks obtained in Marks obtained in Total No. written examination personal interview 1. 95 88 183 2. 94 250 344 3. 94 212 306 4. 100 293 393 5. 118 182 300 2
A candidate who had secured highest marks in written i.e. 118 and viva voce test has been awarded 182 marks. The above position clearly indicates as to how by awarding highest marks merit has been converted into demerit.
7. On the basis of the said position the Chief Justice had requested one of the Hon'ble Judge to hold the enquiry. On completion of the enquiry, a report was prepared suggesting that though mala fides are not forthcoming but the process for selection initiated appears to be arbitrary. Furthermore, allocation of 500 marks for personal interview when for written examination 200 marks were allocated, grossly is excessive. Allocation of 500 marks for personal interview is totally arbitrary and bereft of legal sanctity. The matter had remained pending. However, recently on 01.10.2018, the Secretary and President of Shillong Bar Association vide letter dated 01.10.2018 represented that for more than two years, out of the four Magistrate Courts of Subordinate District Council Courts, one is functional and three are vacant to the disadvantage of the litigants. It is further added that the selection process for recruitment was held, select list is to expire on 12.10.2018, the matter may be looked into and appropriate action may be taken.
8. The enquiry file was retrieved and the matter was directed to be listed on judicial side. This is how the matter is taken up on judicial side.
9. The Secretary to the Executive Committee in compliance to the order dated 22.10.2018 is present in person, has filed an affidavit stating therein that at the time of advertisement in the year 2015, only one post of Magistrate/Presiding Officer, Subordinate District Council Court, Shillong was vacant, so process was initiated only for one post. Subsequently, two more posts have become vacant. As on date, all the three posts are vacant.
10. Learned counsel for the District Council was pointedly asked to assist the Court as to how 500 marks have been allocated for personal interview when for written examination there were only 200 marks. He was fair enough to state that as a matter of fact, the allocation of 500 marks for personal interview is excessive and at the same time, he also 3 invited the attention of the Court to the judgment rendered by the Hon'ble Apex Court in the case of "Ashok Kumar Yadav & ors v. State of Haryana & ors": (1985) 4 SCC 417 wherein, it has been held that where the competitive examination consists of a written examination followed by a viva voce test, for viva voce marks shall not exceed 12.2% of the total marks of the written examination.
11. The Secretary to the Executive Committee who is present is also pointedly asked as to whether there are any Rules/Regulations in vogue governing recruitment of Presiding Officers of the Subordinate District Council Court, Khasi Hills, Shillong, he replied in the negative.
12. Learned counsel for the petitioner invited the attention of the Court towards the marks obtained by the candidates in written test and also the marks awarded to them by the Interview Committee so as to show that excessive allocation of marks for personal interview, in effect, negates the rights of the meritorious candidates i.e. candidates who have secured better marks in the written test.
13. We have perused the same, a candidate who had secured 100 marks in written examination has been awarded 293 marks in viva voce test, a candidate who had secured 95 marks in written examination has been awarded 188 marks in viva voce test, a candidate who has secured 94 marks in written examination has been awarded 250 marks in viva voce. A candidate who has got highest marks in written examination automatically gets excluded.
14. According to the learned counsel for the petitioner, the advertisement was not given wide publication and also in the advertisement it has not been mentioned as to how many posts were to be filled up. Then, allocation of highest mark for viva voce test vitiates the entire selection process.
15. Taking into account the whole gamut of the selection process, we are persuaded to hold that if the process of selection is allowed to be finalized, same will have trapping of negating valuable rights of the meritorious candidate i.e. who has secured highest mark in written examination. Since allocation of 500 marks for viva voce test, when only 200 marks for written examination, are excessive, unreasonable and 4 in deviation to the settled norms, so clearly has an impact of converting merit into demerit.
16. The process so initiated was only for one post now, two more posts have become vacant in total three posts of Magistrates in Subordinate District Council Court, Khasi Hills are vacant. Those are required to be filled up at the earliest. While quashing the selection process initiated vis-à-vis one post, we direct the respondent to immediately frame the recruitment rules and then to initiate the process for recruitment of three vacant posts in accordance with the Rules as shall be framed. Exercise of framing Rules, initiation of process for recruitment and its finalization shall be completed by the Khasi Hills Autonomous District Council positively within two months from today. Those candidates who had competed pursuant to the earlier notification, who may have crossed the age bar shall be allowed to apply in relaxation of age.
17. The enquiry file along with enquiry report shall be kept in a sealed cover and made part of this file.
18. Disposed of as above.
(S.R. Sen) (Mohammad Yaqoob Mir)
Judge Chief Justice
Meghalaya
23.10.2018
"Lam AR-PS"
5