Gauhati High Court
State Of Assam And Ors. vs Rimki Buragohain And Ors. on 6 December, 2006
Equivalent citations: 2007(1)GLT260
Author: Amitava Roy
Bench: Amitava Roy
JUDGMENT
1. This batch of writ appeals, heard analogously, is directed against the judgment and order dated 12.12.2005 disposing of 222 writ petitions filed challenging the legality and validity of selection of constables in the police department of the State. By the impugned judgment and order, the learned Single Judge while upholding selections in respect of 10 districts/battalions has set aside and quashed the selections of other districts/battalions. The writ appeals are against that part of the judgment by which the selections in respect of 15 districts/battalions have been set aside. The appeals have been preferred both by the State as well as by the selected candidates. The districts/battalions, selections of which have been upheld and cancelled are indicated below:
UPHELD
1. GOLAGHAT 2. NALBARI
3. KOKRAJHAR 4. ARBIANGLONG
5. NC HILLS 6. DIBRUGARH
7. NORTH 8. DHEMAJI LAKHIMPUR
9. TINSUKIA 10. BONGAIGAON CANCELLED ll. DHUBRI 12. KARIMGANJ
13. HA1LAKAND1 14. CACHAR
15. SIBSAGAR 16. JORHAT
17. NAGAON 18. DARANG
19. SONITPUR 20. GOALPARA
21. MORIGAON 22. BARPETA
23. 4th APBN, GRP, 24. COMMANDO CID, SB and ACB BN and KAMRUP DBF
25. 10th APBN
2. Altogether 5500 posts of constables were advertised by the State. The posts were meant for all the districts throughout the State. The employment notice dated 21.8.2004 was published in the leading newspapers of the State. In the notice, district/battalion wise vacancies with the vacancies meant for the reserved category candidates were indicated. In the notice itself the dates for recruitment rally and the venues thereof in each districts were indicated. The minimum physical standards both for male and female candidates to be eligible for offering candidatures were also indicated. The prescribed qualification was, read upto Class-VIII and the age limit fixed was, between 18-25 years as on 1.1.2004 relaxable by three years in case of candidates belonging to SC/ST. 10% of the vacancies were to be filled up by women candidates. Further 5% of the vacancies were reserved for compassionate appointments. The selection procedure indicated in the notice is as follows:
All candidates will have to undergo test on physical standard as stated above, if their application forms found correct and in order in all respect. Candidates found to have any physical deformity duly certified by the medical officer present in the test, shall be rejected. Thereafter, all male candidates will be asked to run a race of 1.60 KM and female candidates qualified in the race shall be allowed to appear for subsequent test mentioned below.
(a) Physical Maximum marks Qualifying marks 1. 100 Mtrs race efficiency 2. High Jump test 3. 3. Long Jump
(b) Personal 50 25 General awareness, interview general knowledge and language Only candidates who qualify in the physical efficiency test shall be short listed for appearing in the personal interview (viva voce) (c) Final selections will be made district/battalion wise on the basis of the over all merit on physical efficiency test and personal interview (viva voce) and reservation of quota under RVSP Act, 1978.
3. The employment notice was forwarded to the Director General of Police (DGP) & Inspector General of Police (IGP), Assam by the Commissioner and Secretary to the Government of Assam in the Home Department on 11.8.2004 and on the same date a notification was issued by the Department conveying the constitution of the Selection Board for selection of candidates for the posts of constables for each districts. The Selection Board was constituted as follows:
1. Superintendent of Police/Commandant (whoever is senior - Chairman)
2. Superintendent of Police/Commandant (whoever is junior - Member)
3. One Medical officer (to be nominated by the Joint Director, Health Services of the District) - member In the districts, where there is no Battalion headquarter, the Commandant of the nearest Battalion was to be the Chairman or Member as the case may be, to be nominated by the DGP. In the notification constituting the Selection Board, it was also provided that the Selection Board shall also consider candidates having HSLC or equivalent qualification or above from recognized Board/University of Assam for recruitment to District Executive Force (UB).
4. After the aforesaid employment notice, a guideline for conducting the recruitment test was issued on 2.9.2004 by the IGP (Admn.) addressed to all concerned. As per the said guideline, entry of candidates into the recruitment rally ground was restricted to 5000 on a single day. The candidates were to submit their duly filled in application forms to the Chairman of the Selection Board or his representatives before participating in the elimination race. Be it stated here that the prescribed distance of elimination race was 1.60 KM and 0.80 KM for male and female candidates respectively. The candidates, who could qualify in the physical standard were only to participate in the elimination race and those who could qualify in the elimination race were to be given identity numbers after recording their biodata in the prescribed Register. Those who could qualify in the elimination race were to face physical test comprising of 100 Meter race, High Jump and Long Jump. Only those candidates, who could secure 25 marks out of 50 allotted for physical efficiency test, were to be called for personal interview, for which marks allotted was 50. Be it stated here that by a corrigendum dated 8.9.2004, it was notified that the candidates qualifying in the elimination race would be awarded 15 marks, which is out of the total 50 marks for physical efficiency test. By the same very corrigendum the interview marks, which was earlier indicated as 25, was notified to be 50 marks. Thus, for those who could qualify in the elimination race were to get 15 marks and the remaining 35 marks, out of the total 50 marks were in respect of the three physical efficiency tests, namely 100 meter race, Long Jump and High Jump, distribution of which was as 15,10 and 10 respectively.
5. Throughout the State comprising of each districts/battalions, about two lakhs candidates participated in the recruitment rallies, which were held between 3rd to 11th December, 2004, both the days inclusive. After completion of the entire process of selection, the select lists for each district/ battalion were prepared. It was at that stage, the writ petitions were filed challenging the very recruitment process, the methodology adopted and the procedure followed.
6. As per the employment notice which was published in the local newspapers, the recruitment rallies were to be held in the first week of October, 2004. However, same was postponed to 18th to 24th November, 2004. The reason for postponement as contained in the letter dated 17.9.2004 was stated to be on account of the bye-election in one of the Assembly Constituencies namely Moran Assembly constituency. The recruitment rallies were further postponed to 24th to 30th November by an other letter dated 2.11.2004 and such postponement was stated to be on account of Asian Car Rally, Kali Puja, Diwali and lid festivals. However, the recruitment rallies did not start even on that occasion also. It was further postponed to 3rd to 7th December, 2004 and to that effect notice was published on 23.11.2004. This time, the recruitment rallies were held with the extension of last date from 7th to 11th December, 2004.
7. Above aspect of the matter has been highlighted, which has also been noticed by the learned Single Judge, in view of the fact that as per the stipulation made in the employment notice, the candidates belonging to one particular district could take part in the recruitment rally for the posts of that district only. However, after the recruitment process started in the first week of October, 2004, albeit with the first postponement to 18th to 24th November, 2004 with further postponements as noticed above, the Government by its letter dated 16.11.2004, conveyed the decision that the restriction relating districtwise selection of candidates belonging to the districts only would not apply to recruitment to the armed police battalions, but would hold good only for the posts advertised for the district executive forces. It was the contention of the writ petitioners that such postponements with eventual relaxation of districtwise selection earlier stipulated in the employment notice, was beyond the scope of the employment notice and that the same was ill motivated facilitating selection of candidates on pick and chose basis.
8. The basic features of the pleadings in all the writ petitions are more or less similar, which the learned Single Judge has dealt with in paragraph 9 and 10 of the impugned judgment. They are as follows:
(1) The procedure prescribed in the employment notice followed by the instructions issued by the Government for conducting the selection was not followed.
(2) The register containing the names of the candidates, who participated in the recruitment rally, which is the basic document as prescribed in the Assam Police Manual, was not maintained at all in many of the centers and in few centers, although was maintained, same was not according to the procedure.
(3) The candidates, who had not taken part in the selection, have been selected. Even the candidates under qualified and over aged have been selected.
(4) Even the candidates, who could not qualify in the physical test were allowed to participate in the interview (viva voce). Likewise the candidates, who could not qualify in the interview were also included in the merit lists.
(5) There were interpolation/tampering in the marks allotted to many of the candidates in the working result sheets of the physical test part of the selection.
(6) Many of the selected candidates were included in the select list on the basis of the recommendations made by different political functionaries leading to a total farce in the entire process of selection. Certain examples of political interference were also indicated.
(7) 50% marks earmarked for the personal interview segment of the selection was by far high compared to the marks earmark for the physical test. This itself was the vitiating factor of the entire process of selection.
(8) Considering the number of candidates, who participated in the selection and the completion of the same within a span of only 9 days with the permissible working hours, the entire selection was a total farce. In such a short time, it was humanly not possible to complete the entire selection in which thousands of candidates participated.
9. The official respondents filed counter affidavits only in two writ petitions being WP(C) No. 976/2005 and WP(C) No. 1007/2005. In the affidavits they generally denied the contentions raised in the writ petitions and contended that the selection process was fair, regular and legal. As regards the plea of postponements of the recruitment rally number of times, it was contended that same was within the jurisdiction and competence of the State Government. They also contended that there was nothing wrong in permitting the candidates of one district to participate in the recruitment rally pertaining to another district.
10. The learned Single Judge has broadly discussed the argument advanced by the learned Counsel for the parties with the help of the decisions of the Apex Court and the same can be found in paragraphs 11 to 14 of the impugned judgment and the same need not be repeated here again. The learned Single Judge on the basis of the pleadings and the argument advanced by the learned Counsel for the parties and having regard to the facts and circumstances involved in the case about which detailed discussions have been made in paragraph 15 and 16 of the impugned judgment, has held that it would be incorrect to refuse adjudication of the merits of the dispute raised by the petitioners. After holding so, the learned Single Judge proceeded with the matter with the scrutiny of the records with the assistance of three judicial officers. During the course of prolonged hearing of the cases, the officials responsible for the selection in different centers were also present to ensure orderly and systematic presentation of the records before the Court, which were called for and kept in safe custody of the Registry. Placing reliance on the two decisions of the Apex Court (Krishnan Yadav v. State of Haryana) and the one (The Bihar School Examination Board v. Subhash Ch. Sinha), learned Single Judge scrutinized the records at random taking into account the cases of both selected and unselected candidates. Such a methodology was adopted, having regard to the fact that large number of candidates (about two lakhs) were involved in the selection.
11. During the course of hearing, the learned Single Judge appointed a senior member of the Bar to act as Amicus curiae. He was entrusted with the task of scrutinizing the records with the assistance of another learned Counsel of the Bar. The learned Amicus curiae upon scrutiny of the records submitted his report, interim and final on 21.6.2005 and 12.8.2005. On perusal of the report so submitted, the learned Single Judge having found that the reports did not reveal the exact magnitude of the illegalities committed in the selection process, constituted a fact finding Committee with the learned Amicus Curiae as the Chairman and an IAS Officer of the State as Member. The guidelines and parameters were also laid down for the committee towards scrutinizing the records. The committee was so constituted by order dated 9.9.2005.
12. The IAS officer, who was nominated as the member of the committee resigned as such and thus, it was only the learned Amicus Curiae who remained as the sole member of the committee. This aspect of the matter was noticed by the Writ Appellate Court in the Writ Appeals being W.A. No. 539/2005 and 540/2005 preferred against the learned Single Judge's order dated 9.9.2005 referred to above. As regards the service of notice etc. on the selected candidates, the Appellate Court provided for publication of notice through newspapers so that the affected and/or would be affected parties could appear before the learned Single Judge, if they so desired. Thereafter, due notice was published in the newspaper conveying the intimation regarding the proceeding before the learned Single Judge in response to which many of the selected candidates participated in the writ proceeding.
13. Thus, the learned Single Judge proceeded with the matter with the task of random scrutiny of the records of selection with the assistance of the learned Amicus curiae and the aforementioned three judicial officers. Upon such scrutiny and considering the entire materials on record and submissions advanced by the learned Counsel for the parties has passed the impugned judgment and order canceling the entire selection in respect of 15 districts/battalions out of the total 26 districts/battalions throughout the State making a grievance against which the instant writ appeals have been filed.
14. We have heard the learned Counsel for the appellants, who by and large attacked the methodology adopted by the learned Single Judge in random scrutiny of the selection records. While arguing on the general features of the selection, the learned Counsel for the appellants, who represented individual appeals questioned the very jurisdiction of the learned Single Judge in taking the task of scrutinizing the records. They contended that in such a selection in which huge number of candidates participated, some minor irregularities here and there are bound to occur and that by itself cannot be the basis for canceling the entire selection. They also emphasised on weeding out those very candidates in whose selection, illegalities were detected, instead of canceling the entire selection. Arguments were also advanced on the alleged violation of the principles of natural justice, alleging that some of the petitioners, before they could affectively respond to the writ proceeding in terms of the newspaper notice, the hearing was concluded.
15. Countering the above arguments, learned Counsel representing the writ petitioners highlighted on the detailed judgment of the learned Single Judge dealing with the entire selection process. As regards the contention advanced that for few illegalities and/or irregularities committed in respect of selecting a few candidates, the entire selection in respect of the whole districts/battalions need not be set at naught, the learned Counsel for the writ petitioners/respondents submitted that apart from the fact that such illegalities are so glaring rendering the entire process of selection a total farce and thus is not possible to weed out the candidates of such illegal selection, the learned Single Judge was conscious of the proposition of weeding out the illegally selected candidates, inasmuch as, it is not a case of canceling the entire selection but the districts/battalions in which the selections have been found to be held properly, same have been upheld by the learned Single Judge.
16. Learned Counsel for the parties placed reliance on various decisions about which discussions will be made at the appropriate stage of this judgment in reference to the fact situation involved in the instant proceeding and the plea of violation of the principles of natural justice. During the course of hearing of the appeals, the learned Counsel for the parties were provided with the opportunity to examine the materials on record and to take copies thereof. This opportunity was provided in view of the argument advanced in some of the Writ Appeals that the appellants did not get adequate opportunity before the learned Single Judge to place their case. They were also provided with the opportunity to place their case as they would have before the learned Single Judge. This procedure was adopted having regard to the argument advanced on behalf of some of the appellants regarding violation of principles of natural justice by not affording reasonable opportunity of being heard, although there is nothing on record to show that such appellants ever raised any objection before the learned Single Judge before whom the proceedings lasted for several months with the hearings for the days as indicated in the impugned judgment.
17. The assertion of violation of the principles of natural justice vitiating the adjudicative process has to be attended to as well. This plea in particular has been raised in some of the appeals preferred by the candidates whose selection has been set at naught by the impugned verdict. Noticing the homogeneity of the grievances expressed, it would be expedient to deal with those in common.
18. It has been maintained that the candidates selected were not impleaded in the writ proceedings though unmistakably they were vitally interested in the issues raised and were likely to be prejudicially affected if the challenge was upheld. According to the aggrieved appellants, the learned Single Judge by order dated 6/10/2005 had directed publication of the notice of the proceedings in four news papers namely the Assam Tribune, Sentinel, Asomiya Protidin and Amar Asom on or before 19/10/2005. By the same order, the date of hearing of the writ petitions was fixed on 8/11/2005, As steps pursuant to the above orders had not been taken by the petitioners, the learned Single Judge on 8/11/2005 ordered publication of the notice in only one news paper i.e. Asomiya Pratidin fixing 17/11/2005 to be the date of commencement of the hearing of the writ petitions. The notice so published was vague as it did not mention the case numbers, districts, selection centers etc. The concerned appellants on coming across the advertisement on 18/11/2005 filed applications for their impleadment in the related writ proceedings and also prayed for a direction to the writ petitioners to furnish copies of the writ petition to them. The learned Single Judge, however, did not pass any order on 18/11/2005 on the impleadment applications observing that an order passed earlier would govern the same. As no copy of the writ application was furnished to the appellants till 23/11/2005, they applied for the copy of the order dated 18/11/2005, which also was not supplied to them. Situated thus, they filed affidavit(s), unaware of the contents of the writ petitions.
19. The above notwithstanding they contended, that the writ petitioners had miserably failed to make out specific allegations, against the selected candidates and that for any deviation from the guidelines in Police Manual/Selection Rules by the Government or appointing authority, they could not be held responsible therefore as it was beyond their capacity to compel the authority concerned to follow the procedure. While insisting that their selection was valid, they being qualified and found suitable for the posts, they reserved a right to file additional affidavit, as copies of the writ petitions had not been furnished to them. The appellants thereafter applied for copies of the writ petitions on 24/11/2005 so as to acquaint themselves with the exact allegations levelled against them and to file appropriate affidavit(s). The certified copies of the writ petitions so applied were not furnished till 19/12/2005 i.e. after the delivery of the judgment. These constitute the gamut of the pleaded averments of the appellants pertaining to their remonstrance against the procedure adopted in disposing of the writ petitions.
20. Assailing the judgment on these counts, it has been urged that the learned Single Judge having failed to pass any order on the applications for impleadment and copies of the writ petitions, the appellants could not effectively participate in the proceedings and were in the process denied a fair and reasonable opportunity of projecting their case resulting in violation of the principles of natural justice. As at the time of fixing the writ petitions for hearing on 8/11/2005, the selected candidates were admittedly not impleaded as parties, the proceedings suffered from a serious procedural lapse. Not only the conduct of the hearing without furnishing the copies of the writ petition to the selected candidates was in disregard of the elementary principles of fair procedure, the same was in contravention of Rule 3 Chapter VA of the High Court Rules as well. The learned Single Judge also fell in error in directing the selected candidates to file appropriate affidavit(s) without either impleading them or ensuring that the copies of the writ petitions were served on them. It has been argued further that while the learned Counsels of the writ petitioners as well as of the State were permitted by the learned Single Judge to consult the relevant official records, the same privilege was denied to the selected candidates. Reliance made by the learned Single Judge on the reports prepared by the Amicus Curiae and three judicial officers in recording findings against the selected candidates without furnishing copies thereof to them has resulted in serious prejudice to their recognized right of meaningful participation in the writ proceedings. Not only the learned Single Judge did not put the parties likely to be affected to due and prior notice of the conclusions arrived at on the basis of the scrutiny of the records, he also acted upon a report dated 3/12/2005 of the learned Amicus Curiae after the conclusion of the arguments.
21. The course charted by the learned Single Judge in adjudicating the controversy has been severely criticized to be repugnant to the established judicial procedure thereby rendering the impugned judgment and order non est in law. Following decisions were relied upon to reinforce the above submissions. General Medical Council v. Spackman 1943 AC 627, B. Surinder Singh Kanda v. Government of the Federation of Malaya (1962) AC 322, Walter Annamunthodo v. Oilfields Workers' Trade Union 1961 SE 945, Taylor v. National Union of Seaman (1967) 1 WLR 532, Garland v. British Rail Engineering Ltd. (1979) 1 WLR 1041, Chief Constable of the North Wales Police v. Evans 1982 1 WLR 1155, Hadmor Productions Ltd. and others v. Hamilton and another (1983) AC 191, Canara Bank and Ors. v. Debasis Das and Ors. .
22. Per contra, the submissions made on behalf of the writ petitioners are that the concerned appellants having been duly represented by their respective counsels in the hearing, they are estopped in law from complaining of denial of reasonable opportunity of participation therein. No grievance having been raised by them before the learned Single Judge about non-furnishing of the copies of the writ petitions or denial of opportunity of hearing, their complaint in this regard does not merit consideration in the appeals. It being manifest from the impugned judgment and order that the learned Counsels for the appellants had duly participated in the hearing espousing their cause and that no such grievance had been expressed, the veracity of the recorded facts therein cannot be permitted to be questioned at this stage. As the entire selection process had been challenged on all conceivable grounds, the plea of infringement of the principles of natural justice or denial of fair procedure is clearly unsustainable. The selection of any particular individual or individuals not having been impugned, comments made in course of the arguments on behalf of the appellants denouncing the procedure followed by the learned Single Judge was unwarranted besides being inessential for the adjudication of the points for determination. The decisions of the Apex Court in Rustom Cowasjee Cooper v. Union of India , Shri CK Daphtary and Ors. v. Shri OP Gupta and Ors. , State of Maharastra v. Ramdas Shrinivas Nayak and Anr. , Shankar K. Mandal and Ors. v. State of Bihar and Ors. , Commissioner of Endowments and Ors. v. Vittal Rao and Ors. were cited.
23. The rival submissions have received over cautious consideration. The records reveal that in all 222 writ petitions had been filed impugning the validity of the selection process. Un-successful candidates from different districts of the State presented the challenge. However, barring a very few petitions where some selected candidates were impleaded as respondents, generally they were not arrayed as party respondents. Notice on the assailment was issued on 10/2/2005, the lead case being WP(C) 976/05. By order dated 22/2/2005, Mr. SN Sharma, Sr. Advocate and Mr. PK Tiwari, Advocate were appointed as Amicus Curiae for the proceedings. On 18/5/2005, this Court required the Director General of Police, Assam, to detail a team of 10 persons to assist the Amicus Curiae to conduct a scrutiny of the selection records. The learned Amicus Curiae were required to scrutinize the records of selection of each of the districts separately and to submit a report of their findings.
24. Accordingly, on various dates thereafter, the records were inspected by the learned Amicus Curiae in the presence of amongst others Mr. J. Patowary, learned State Counsel whereafter Mr. SN Sharma, learned Amicus Curiae submitted an interim report pertaining to nine districts on 22/6/2005. The learned Single Judge while recording the assurance of the learned Amicus Curiae that the report of the remaining districts would be submitted on or before 15/6/2005 fixed the petitions for hearing on 17/6/2005. The report submitted by the learned Amicus Curiae was ordered to be kept in custody of the Registrar 1 & E in a sealed cover. The inspection of the records continued and the second report was submitted by the learned Amicus Curiae on 12/8/2005. The learned Single Judge meanwhile on 14/3/2005 by an order of the same date passed in WP(C) 976/05 recorded that the affidavit in opposition had been filed by the respondents.
25. The reports submitted by the learned Amicus Curiae were perused by the Court and were ordered to be preserved in a sealed cover for further consideration at the appropriate time and stage. The State was granted liberty to submit its response to the enquiry/verification carried out jointly by the learned Amicus Curiae and the State Counsel. By the order dated 17/8/2005, while recording the above, the cases were fixed for hearing on 30/8/2005. The petitions were heard in part on the date fixed and the hearing continued on 2/9/2005 and the petitions were re-fixed for the said purpose on 7/9/2005. On 9/9/2005, the learned Single Judge, on a consideration of the report submitted by the learned Amicus Curiae and the arguments of the learned Counsels for the contesting parties was of the view that the reports were not demonstrative of the exact magnitude of the illegalities referred to therein and that a further scrutiny of the records was required so as to determine whether interference with the selection at all or in part or in its entirety was warranted. As noticed above, the learned Single Judge by order dated 9/9/2005 constituted a committee and laid down the parameters of the scrutiny to be conducted by it. While the committee so constituted was at its work, the order dated 9/9/2005 was appealed against by the State respondents and two selected candidates Shri Dwigen Das (Appellant No. 65 in WA 23/06) and Md. Rinu Ahmed in WA 539/05 and WA 540/05 respectively.
26. The Division Bench of this Court by the aforementioned order dated 4/10/2005 disposed of the appeals observing that no committee was required for the scrutiny of the records and the matter was left to the learned Single Judge to be dealt with. On the contention pertaining to non-impleadment of the selected candidates in the proceedings, the learned Appellate Bench noticed the explanation offered in one of the writ petitions that the select list not having been published their names and particulars could not be obtained so as to array them as party respondents. The parties were left at liberty to take recourse to the provisions of Order I Rule 10 as well as other provisions of the CPC on the issue leaving it open to the learned Single Judge to direct publication of the notice in newspapers so that the parties interested may appear in the proceedings if they so desired.
27. The learned Single Judge thereafter by order dated 6/10/2005 directed the writ petitioners to publish a notice of the proceedings in four newspapers namely Assam Tribune, Sentinel, Asomiya Pratidin and Amar Asom so as to enable the selected/appointed candidates and others interested in the proceedings to appear before the Court if so desired. While fixing the deadline for such publication to be 19/10/2005 the cases were slated for hearing on 8/11/2005 bearing in mind the desire expressed by the learned Appellate Bench for expeditious disposal of the writ petitions. The learned Single Judge recorded in the order that the application for impleadment being MC 2823/05 in WP(C) 1480/05, praying for impleadment of the applicants (selected candidates) therein and on which no order was contended to have been passed was not on record and observed that the same would be considered as and when such application(s) were placed before the Court. By a separate order dated 7/10/2005 passed in WP(C) 7350/05, the learned Single Judge required the State to publish the list of selected/appointed candidates in all districts/selection centers in the aforementioned newspapers on or before 19/10/2005.
28. On 8/11/2005, the learned Single Judge noted that in the notice of the proceedings published in the issue dated 19/ 10/2005 of the local daily Assam Tribune, the date of the hearing had not been mentioned. The learned Single Judge directed the petitioners to publish the notice of the pendency of the cases in the daily "Asomiya Pratidin" specifying the date of hearing, which was fixed as 17/11/2005. The learned Single Judge reiterated that the short date was in view of the necessity of immediate disposal of the cases. All selected candidates choosing to contest the proceedings were granted liberty to file their affidavit(s) before the date of hearing. It was directed that the requirement of filing of affidavit be mentioned in the notice.
29. Being of the opinion that for the purpose of the adjudication of the issues raised, an exhaustive survey of the voluminous records of the selection would be essential, the learned Single Judge desired that at least three judicial officers of the rank of District Judge be nominated to assist the Court in the scrutiny thereof. Shri SN Sharma, learned Amicus Curiae was requested to continue to render his valuable assistance to the Court. Accordingly three officers were detailed to assist the Court for examining the records of the selection process by the orders of the Hon'ble Chief Justice (Acting) on 9/11/2005. By various orders passed thereafter on 17/11/ 2005, 18/11/2005, 21/11/2005, 23/11/ 2005, and 24/11/2005 all applications for impleadment were allowed and the Deputy Registrar (I & E) was directed to take necessary steps for impleading the applicants in the concerned writ petitions. The aforementioned orders clearly refer to the corresponding Misc. Cases registered on such applications. The hearing of the proceedings commenced as well on 17/11/2005 and was held on 18/11/2005, 21/11/2005, 22/11/2005, 23/11/2005, 24/11/205 and 25/11/2005. On the conclusion of the hearing as above, the judgment was delivered on 12/12/2005.
30. A plain reading of the impugned judgment and order unequivocally proclaim that no grievance with regard to non-impleadment or delayed impleadment of the selected candidates, refusal of copies of the writ petition to them as prayed/applied for resulting in a denial of a fair and reasonable opportunity of effective participation in the proceedings had been expressed from any quarter. The judgment and order under challenge clearly demonstrate that all comprehensive arguments of the learned Additional Advocate General, Assam, touching every significant aspect of the debate had been adopted enmasse by the learned Counsels representing the selected candidates contesting the proceedings. The judgment and order impugned also mentions the names of the learned conducting Counsels for the parties. It is thus explicit that all selected candidates now in appeal had been duly heard on all relevant aspects of the controversy. They obviously chanced a favourable decision without any reservation in this regard and thus had waived any objection on the above counts. On this consideration alone their present turn around apparently lacks bonafide. In view of their omission to point out to the learned Single Judge the factum of the non-receipt of the copies of the writ petition and non-impleadment in the proceedings during the pendency thereof, they are now estopped from raising these pleas at this point of time.
31. Our attention has not been drawn to any material on record to evince that the appellants at any point of the time pursued their grievance in this regard before higher forums. Liberty granted by the Division Bench of this Court in WA 539/05 and WA 540/05 to the parties to take recourse to the provision of Order 1 Rule 10 CPC in response to the plea of non impleadment of the selected candidates was accepted by all concerned and the selected candidates having participated in the writ proceedings offering themselves to be impleaded therein, they cannot be further heard to complain in this regard. The records reveal that in deference to the observations made in the aforementioned appeals, the learned Single Judge had directed publication of the notice of the proceedings in the local newspapers. Not only such notice had been published, orders of impleadment on the applications filed by the selected candidates in response thereto were passed on several dates between 17/11/2005 and 24/11/2005. The affidavits were filed by the selected candidates dealing with all pertinent aspects bearing on the issue under adjudication and exhaustive arguments had been advanced on various dates between 17/11/2005 and 25/11/2005. No semblance of grievance was raised by any of the parties complaining denial of any opportunity of participation.
32. We have also not been invited to any prayer made by any of the parties seeking a copy of the reports of the Amicus Curiae or of the judicial officers assisting the Court in the inspection of the records. The demur that whereas the learned Counsel for the State respondents and the writ petitioners were permitted to consult the records, the selected candidates were denied the said benefit is also not borne out by the contemporaneous facts. It is not the assertion of the appellants that the pleaded contentions in their affidavit have not been addressed to by the learned Single Judge in deciding the his. In face of the overwhelming considerations as above, we do not feel persuaded to sustain the cavil of the appellants bearing on denial of opportunity of effective and meaningful participation in the proceedings to their prejudice.
33. Indeed the Apex Court in Shankar K. Mandal and others (supra), in reiteration of its view earlier expressed in State of Maharastra versus Ramdas, Srinivas Nayak and another (supra), had ruled that statements of facts as to what transpired at the hearing and recorded in the judgment of a Court are conclusive of the facts so stated and no one can contradict the same by affidavit or other evidence and if a party considers that the happenings in Court had been wrongly recorded, it is incumbent on him, while the matter is still fresh in the minds of the judges to call their attention thereto. Similar view was reiterated in Commissioner of Endowment and others, supra. Significantly no such endeavour has been made either.
34. The authorities cited at the bar to underline the cardinality and relevance of the tenets of fairness in action and natural justice, recount the well settled dictum that no person should be condemned unheard. While this profound proposition of law nurtured over the years can neither be doubted nor disregarded, the applicability thereof is essentially fact oriented. Being an equitable doctrine, the conduct of the party complaining of breach thereof ought to be bonafide and not demonstrative of an endeavour to take advantage of his omissions, under the cover thereof.
35. In General Medical Council, supra, a registered medical practitioner who was a co-respondent in a divorce suit was found by the Divorce Court to have committed adultery with the respondent therein to whom he stood in professional relationship. The General Medical Council issued to him notice of a meeting to decide whether his name should be removed from the medical register for his such conduct. At the hearing, the Doctor desired to call, on the issue of adultery, evidence which had not been noticed in the divorce proceedings. The refusal by the Council to hear the fresh evidence was disapproved by the House of Lords holding that it amounted to refusing him full and fair opportunity of stating his case thus violating the substantial requirements of justice.
36. The House of Lords in Garland (supra), interfered with the decision of the Court of Appeal varying an order for access in a wardship proceeding on the basis of a document not seen by the appellant concluding that thereby the Court had failed to meet the requirements of natural justice.
37. In Abraham versus Jutsun (supra), Mr. Puntan while appearing for the accused Eric Jutsun was levied costs by the Divisional Court while reversing the decision of the Magistrates Court closing the prosecution on the ground that the summonses were out of time. According to the appellate Court, Mr. Puntan in the Magistrates Court had taken a thoroughly bad and unmeritorious point, which had the effect of causing all the costs to it. The Solicitor having impugned this decision, the same was interfered with by the Court of appeal as no prior notice or opportunity of hearing had been accorded to him.
38. The dismissal of the plaintiff in Taylor versus National Union of Seamen, supra, by the Executive Council of the Union was set aside being contrary to the principles of natural justice as irrelevant matters to his substantial prejudice were taken note of without affording him opportunity of being heard at all upon them.
39. The decision to expel the appellant in Walter Annamunthodo (supra), from the respondent trade union by seeking to invoke a rule under which he had not been charged was annulled by the House of Lords being contrary to the principles of natural justice. While reiterating three basic elements of the above axiom of fair play to be (a) the complainant must be given a fair notice of the charge against him (b) he must have a fair opportunity of meeting that charge and under that is included a fair hearing (c) the Tribunal must reach a decision, which is honest and unbiased, it was held as hereunder.
It is a principal of natural justice that the man must be given notice of the charge and an opportunity to meet it and provided that he is, it is his fault if he chooses not to take advantage of it. but the notice must be such as to convey to his mind what is in danger.
40. In Chief Constable of the North Wales Police (supra), the respondent Evans having applied for judicial review of the appellant's decision requiring him (Evans) to resign or be dismissed from service, the challenge was upheld by the Court of Appeal. The House of Lords while dismissing the appeal of the Chief Constable held that his decision to discharge a probationer constable was not absolute but qualified and that he was under a duty to deal fairly with the respondent in relation to the adverse factors on which he had been proposing to act. It was held that the appellant had failed in the performance of duty because the adverse factors had never been put to the respondent and that, therefore, he had no opportunity what so ever to deny the same.
41. The action of taking note of a report of the particulars of an enquiry containing severe condemnation of the applicant while denying him access thereto was struck down by the Court of Appeal in B. Surinder Singh Kanda (supra), being violative of the principles of natural justice. It was held that if the right to be heard was to be real and worth anything, it must carry with it a right in the accused to know the case, which was made against him and he must be given a fair opportunity to correct or contradict it.
42. In Hadmor Production Ltd. and others (supra), the House of Lords expressed itself on this salubrious maxim of fairness in the following terms.
Under our adversary system of procedure, for a judge to disregard the rule by which the Counsel are bound has the effect of depriving the parties to the action of the benefit of one of the most fundamental rules of natural justice: the right of each to be informed of any point adverse to him that is going to be relied upon by the judge and to be given an opportunity of stating what his answer to it is.
43. The Apex Court in Canara Bank versus Debasis Das and others (supra), has succinctly synopsized the principles of natural justice to be rules laid down by the Courts as being the minimum protection of rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi judicial and administrative authority while making an order affecting those rights, the essence thereof being to put a party on notice of the case before any adverse order is passed against him.
44. The foundational facts in the reported decisions are distinctly different from those in hand. The requirement of adherence to the exigency of fair procedure notwithstanding the attendant facts do not buttress the appellants plea based thereon. Additionally, while in those cases, the adjudicative process pertained to issues concerning individuals, the scrutiny in the instant case relates to a mammoth exercise of appointment to 5486 posts in public service. Understandably the purpose of the exercise in response to the allegations levelled against the selection was to ascertain the tenability thereof and presence of any all-permeating illegality invalidating the same. The assailments witnessed in the writ petitions noticing their oneness were assayed as a whole permitting analogous hearing thereof. Deficiency in pleadings or the grounds of challenge, if any, in the writ petitions in the above premise cannot be construed to be fatal. By the same analogy of reasoning, in view of the unqualified participation of the selected candidates in the proceedings, their plea of non-impleadment therein and denial of copies of the writ petition does not merit acceptance. In a pursuit for probing the validity or otherwise of a selection process of such magnitude, any determination qua an individual case or cases has no definitive bearing.
45. The public process of the kind would stand invalidated only if afflicted by an all pervasive and wide spread infirmities irreversibly nullifying the same. The impugned judgment and order reveal that the findings and conclusions are based on the learned Single Judge's evaluation of the records and not founded wholly on any stray individual case. The omission to pass separate orders on each application for impleadment is inconsequential in the face of the innumerable petitions therefore. Logically the emphasis of the impeachment was not focused on any candidate in particular but the selection drill as a whole. The learned Single Judge, as the records reveal, himself consulted the relevant records in arriving at his findings and referred to the reports of the Amicus Curiae and the judicial officers only to cross-check the correctness thereof. Having regard to the indepth analysis of the recorded facts, the imputation that the conclusions are wholly report oriented is fallacious.
46. On an overall consideration of the emerging facts and the documents on record, we are of the unhesitant opinion that the procedure adopted by the learned Single Judge in conducting the proceedings is not in derogation of the established principles of natural justice and fairness injudicial determination. This plea therefore fails.
47. There is yet another aspect which needs further reference in this regard, about which a mention has been above. In course of the analogous hearing of the appeals in addition to an unreserved liberty to the learned Counsel for the parties to advance arguments based on the records of the selection as well as reports and documents pertaining to the issues involved, leave was also granted to them to obtain copy of any relevant document required by them. Though written arguments as well had been submitted, none of the parties filed any application for or made any grievance regarding non-receipt of copy of any document, report, pleadings etc. By order dated 15/9/2006, while proposing to examine the records, we permitted the learned Counsel of the parties to remain personally present at the time of a scrutiny thereof. Accordingly the date, time and venue of the examination of the records of the selection process relating to the districts and/ or stations interfered with by the learned Single Judge were duly notified. Incidentally the determination of the learned Single Judge declining to interfere with the selection in the concerned districts had remained unquestioned. Thereafter on various dates between 21/9/2006 and 16/10/2006, the said records were examined by the Bench in presence of the learned Counsel for the parties. In course of the exercise which involved a detailed analysis of the cases of each individual candidate vis-à-vis all relevant records bearing on their assessment, none of the learned Counsel for the parties raised any query or objection of any kind.
48. On the completion of the survey of the records, the appeals were again listed for hearing on 30/10/2006. On that date as well, none of the learned Counsel for the parties volunteered to make any submission either based on records or otherwise inspite of the leave granted by the Bench as a final opportunity for doing so. It was submitted at the bar that no further arguments would be advanced. The hearing of the appeals was in the circumstances finally closed. In the above premise, the learned Counsels for the parties having been afforded all reasonable opportunities of consulting the records and highlighting grievances, if any on the issues of impleadment, non-supply of copies of the writ petition etc. in course of the hearing of the appeals and they having chosen not to avail the same, the plea of want of fairness is of no consequence on this ground as well.
49. Before parting with this aspect of the impugnment, we feel impelled to record our disapproval of the unpropitious disposition and comments of the learned Sr. Counsel for the appellants in WA 23/2006 (Shri Kanak kalita and another v. State of Assam and ors) sharply criticizing the learned Single Judge of having violated the fundamental essentials of judicial procedure in conducting the writ proceedings. The imputations exceeded all reasonable limits of restraint and in the circumstances were wholly unfounded as well as uncalled for in deciding the issues raised. We refrain from commenting further except that the verbal onslaught had not been in good taste and was not expected of a learned Senior Counsel at the Bar.
50. After having dealt with the basic facts, pleadings, proceedings before the learned Single Judge, arguments advanced by the learned Counsel for the parties, the plea of violation of the principles of natural justice and the adopted norm of probable number of candidates that could be interviewed per day and having scrutinized the entire records in the above manner to quell any doubt, we, now proceed to deal with the selection district/battalion wise.
51. We have taken the task of scrutinizing the records ourselves in presence of the learned Counsel for the parties. Entire records were examined districts/battalions wise fixing the dates for such scrutiny in presence of the learned Counsel for the parties. Such scrutiny of records was also done in presence of the officials deputed by the State. We also took the assistance of three judicial officers towards scrutinizing the records. Such course of action had to be adopted in view of the allegation of mass scale illegalities in conducting the selection and the question mark put by the learned Counsel for the appellants that the learned Single Judge was wrong in making the scrutiny at random, which they described as sample survey. As stated above, on conclusion of such scrutiny of the records, the learned Counsel for the parties were provided with further opportunity of hearing. After such prolonged hearing and scrutiny of the entire records of selection, not at random, but as a whole during which the learned Counsel for the parties made their elaborate submissions, hearing was finally concluded and the writ appeals are being disposed of by this common judgment and order.
52. The districts/battalions in respect of which the selections have been set aside have been noted above. One of the basic grounds for setting aside the selection is that taking into account the number of candidates who could qualify in the physical test and thereby became entitled to appear in the interview, it was not possible to have a proper selection within the days fixed. As noted in the impugned judgment, huge number of candidate even to the extent of more than two thousand, in some cases, were purportedly interviewed. It is true that in some cases, the number of candidates appeared in the interview was within the bench mark. Thus, the question necessarily arises as to what should be the ideal number of candidates, who could reasonably and practically be interviewed on a day. This question will also have to be considered in the context of large number of candidates as high as more than two thousand on a single day vis-à-vis the candidates within the bench mark adopted by the learned Single Judge (250 per day), for in such a situation also, difference and disparity would be noteworthy. Be it stated here that in the instant case, the appellants have contended that in some districts/ battalions, the recruitment rally comprising of all the tests including the interview continued on an average, for 15 hours and in some cases 8 hours.
53. While it is difficult to accept that the recruitment rally could continue for 15 hours a day, which itself may lead to arbitrariness in the selection process, the time for interview will have to be inferred after taking into account the time that was consumed in registering the candidates, measuring their physical standards, general medical checkup, elimination race of those candidates, who were found eligible to participate in the same and thereafter, 100 meter race, long jump and high jump for those, who could qualify in the elimination race. It cannot be said that entire 15 hours and/or 8 hours were engaged for interviewing the candidates. If the physical tests mentioned above and the probable time consumed for such tests are taken into account, then in that case, at best 8 hours on a day could be utilized for interview. However, in the affidavit filed by the State appellant in this proceeding, time taken for interview per day in various districts/battalions has been indicated as between 8 hours to 15 hours. If anything beyond 8 hours per day on an average is taken into account as the time consumed for interview, even to the extent of 15 hours as has been contended by the appellants, same would not be reasonably practicable and that by itself may lead to the inference of a farcical selection. In the records, there is no indication of time consumed for interview.
54. In the present case, the interview to be conducted was very important and material for the purpose of selection more particularly, considering the marks prescribed for the same, which is 50% of the total marks of physical test and interview. Further, as per the advertisement, 50 marks for interview was under the heads - general awareness, general knowledge and language. It will be pertinent to mention here that although the minimum educational qualification prescribed for the posts was Class-VIII, but later on by the aforementioned notification dated 11.8.2004, while constituting the Selection Board, it was also provided that the Board shall also consider the candidates having HLSC or equivalent qualification or above from recognized Board/University of Assam for recruitment to District Executive Force (UB). Thus, naturally, considering the high marks prescribed for interview, which is 50% of the total marks, same had an important role in the selection. Interviewing the candidates to test their general awareness, general knowledge and language was not an easy job, more particularly, when the same was concerning selection of constables forming the back bone of the entire police force and the important role a constable has to play in maintaining the much emphasised efficiency of police administration.
55. In the above context, the circular letter No. 3 - Police dated 3rd May, 1971 issued by the IGP, Assam to all concerned a copy of which has been annexed as Annexure-1 to the affidavit filed by the State appellants on 4.9.2006 may be referred to. The circular was issued on the subject of "Recruitment of the rank of constable-policy regarding". The relevant portions of the circular are quoted below:
It is, however, emphasized that though no restriction to the right to employment can be imposed on grounds of caste, creed etc. it is necessary to have a positive approach in this regard so that the right type of youth of the country possessing the necessary mental and physical qualities gain employment in the police. The minimum physical standards necessary for enlistment of a person to the subordinate police rank have been laid down in the Assam Police Manual, Part-Ill. Scrupulous adherence to this, which is already low by All India standard is necessary for keeping the force at it best and for ensuring that physically deficient candidates do not find a place in the Force. Unfortunately, there has been great laxity in conforming to the physical standards laid down and Superintendents of Police Commandants do not hesitate to propose condonation of physical deficiencies without valid and good reasons. This tendency must stop except in really exceptionable cases.
The increasing availability of educational facility in the country has made it possible for almost everyone so desiring to receive education upto High Secondary/Metric standard to do so. The time has, therefore, come to strive for a literate and sufficiently enlightened police force. Though the Assam Police Manual has not laid any specific qualification for a person to be eligible for enlistment, the Assam Police Commission in its report just submitted to Government have laid down matriculated as the minimum for the purpose. It is expected that this recommendation will be accepted. It will be realized that in the rapid changes which are taking place in the country, the tension and conflict which have come to exist in society and the increasingly complicated nature of crime and the ways of criminals it has become incumbent that the constabulary should be better equipped mentally to face any situation that may arrive. With this end of the view, the end should be to give preference in recruitment to persons with some educational back ground and who appear to be mentally fit to discharge the onerous duties that have been imposed on the police force by society.
56. Thus, while a good physique and bearing cannot be sacrificed, at the same time, the mental caliber for recruitment to the constabulary cannot be compromised, a fact, which is amply evident going by the distribution of marks both for physical and mental standards, which is 50% each. Although an argument was advanced that provision for 50% marks for interview was in the higher side giving scope for maneuvering the selection, but the learned Single Judge on an overall consideration of the matter has come to the conclusion that prescription of 50% marks for the interview is acceptable. There is no gainsaying that to judge a candidate on his mental faculties, alertness, general knowledge, general bearing and knowledge of language etc., some amount of interaction with the candidate by the members of the Selection Board will be always required and it cannot be an affair of some moments. Keeping this in mind, a ratio of probable number of candidates, who could be interviewed effectively on a day with the probable hours indicated above will have to be worked out. Needless to say that and as has been admitted by the appellants themselves that even the interview hours were not at a stretch but were with intervals of tea breaks, lunch breaks etc.
57. The learned Single Judge, while dealing with the selection of the district of Golaghat, which has been upheld, found that the Selection Board adopted a satisfactory methodology in conducting the selection. This aspect of the matter has been highlighted in paragraph 26 of the judgment. As regards awarding of marks in the interview, it was found that the total 50 marks were divided as follows:
Educational qualification - 5 marks Smartness, general ambience - 5 marks Language reading and writing - 10 marks Extra qualification - 5 marks Proficiency in sports, marshal arts - 5 marks General knowledge and oral test - 20 marks
58. Such distribution of marks to judge the mental faculties is by and large satisfactory as has been observed by the learned Single Judge. This now leads us to the moot question as to how many candidates could be reasonably interviewed on a single day within the permissible hours. As noted above, the selection process consisting of several stages, including the stage of interview was completed within a span of 9 days. It was the basic thrust of arguments of the learned Counsel for the writ petitioners/respondents that having regard to the participation of large number of candidates everyday in the selection, it was humanly not possible to conduct and complete the interview within 9 days and this particular facet of the matter would go to show that the entire selection was a total farce. In this connection learned Single Judge placing reliance on the decisions of the Apex Court in Satpal and Ors. v. State of Haryana and Ors. reported in 1995 Supp (1) SCC 206, proceeded with the matter on the basis that the acceptable time allotted to a candidate for the interview should be with reference to a bench mark of a maximum of 250 candidates per day. It was argued by the learned Counsel for the appellants that such bench mark of a maximum of 250 candidates per day as has been adopted by the learned Single Judge on the basis of the aforesaid decision in Satpal's case is without any basis. According to them the said decisipn could not have been relied upon for adoption of the bench mark of maximum of 250 candidates per day. Reminding ourselves that the ratio of any decision must be understood in the back ground of the facts of that case and that a case is only an authority for what it actually decides, and not what logically follows from it, we now examine as to whether the learned Single Judge has committed any error of fact or of law in fixing the bench mark of maximum 250 candidates per day. In Satpal's case, the Apex Court held that the selection process tended to be arbitrary having regard to the fact that as many as 400 to 600 candidates were interviewed in a single day. This was coupled with the fact that percentage of marks allocated to the interview was as high as 85.
59. In Ashok Kumar Yadav v. State of State of Haryana , it was held that when there is a composite test consisting of a written examination followed by a viva voce test, the number of candidates to be called for interview on the basis of the marks obtained in the written examination, should not exceed twice or at the highest, thrice the number of vacancies to be filled. If a viva voce test is to be carried out in a thorough and scientific manner as it must be in order to arrive at a fair and satisfactory evaluation of the personality of the candidates, the interview must take anything between 10 to 30 minutes. In the circumstances, it was held that it would be impossible to carry out a satisfactory viva voce test, if a large unmanageable number of candidates are to be interviewed. It was pointed out that in such circumstances, the interviews would then tend to be casual, superficial and sloppy and the assessment made at such interviews would not correctly reflect the true measure of the personality of the candidates. It was also pointed out that such a course would widen the area of arbitrariness, for even a candidate who is very much lower down in the list on the basis of marks obtained in the written examination, can come within the range of selection, if he is awarded unduly high marks at the viva voce examination.
60. The appellants, by way of countering the aforesaid decisions in Satpal & Ashok Kr. Yadav have placed reliance on the decisions of the Apex Court in Sardara Singh v. State of Punjab , in which considering the fact that altogether 35 hours in total @ 7 hours per day in five days were spent for the interview consisting of 821 candidates and also in view of the fact that the selection was for the Patowaris in the Class-III service, average 3 minutes spent to interview each candidates was held to be sufficient. This was more so that the qualification prescribed was matriculation or higher secondary examination; knowledge in Hindi and Punjabi upto the middle standard and good knowledge of rural economy and culture. In those circumstances and having noticed that the candidates normally hailed from rural backgrounds had presumptively good knowledge of rural economy and culture, it was observed that there was no need for special emphasis to ascertain their knowledge of the rural economy and culture.
61. In the aforesaid case total number of candidates involved was 821 and the time spent for interviewing them was found to be 35 hours in total @ 7 hours per day in 5 days. Thus, on an average 175 candidates were interviewed per day. Thus the bench mark of 250 candidates per day fixed by the learned Single Judge cannot be said to be without any basis, more particularly, when unlike the Patowaris involved in the said case, the case in hand concerns the selection of constables forming the backbone of the entire police system with the necessary involvement of public-police cordial and friendly relationship with the role of the police constable towards inspiring confidence in general public. To judge their mental faculties, keeping in mind these aspects of the matter and also having regard to the fact that 50% of the total selection marks was for this interview segment, we are of the considered opinion that anything beyond 250 and at best beyond 300 candidates, if interviewed per day after completing the other segments of the selection i.e. the physical test, which was also only after being successful in physical standards fixed and in the elimination race with other formalities incidental thereto, would be unrealistic. In such a situation, the interviews would then be casual, superficial and sloppy and the assessment made at such interviews would not correctly reflect the true measures of the personality of the candidates. Even if we accept the norms of 3 minutes per candidate, as was accepted in Sardara Singh (supra), although we feel that in the instant case, nothing less than 5 minutes per candidate is likely to be unrealistic, considering the job and marks involved, then also to interview 300 candidates per day will consume 15 hours excluding the tea breaks, lunch breaks, intervals between appearance of two candidates etc.
62. In the instant case, the interview segment of the selection was an important and decisive segment. Various parameters, yardsticks and principles pertaining to the interview have been noted above. The importance of mental faculties, about which the learned Single Judge has discussed in detail, need not be over emphasized. Considering the entire pros and cons involved in the matter, we are of the considered opinion that there is nothing wrong in fixing the bench mark of 250 by the learned Single Judge. We are even prepared to raise the same to probable 300 candidates per day. Now it is to be seen as to whether the selection/interview conducted in a span of 9 days within the permissible working hours conformed to this requirement. This aspect of the matter will be considered while dealing with the selections in respect of the districts/battalions, which have been set aside by the learned Single Judge.
63. As noticed above, recruitment process was conducted at as many as 25 centers and the learned Single Judge, on consideration, upheld the selection held at 10 districts/battalions with certain modifications here and there. That part of the judgment and order is not under challenge before us. The learned Single Judge, however, interfered with the selection of the remaining 15 districts/battalions and we propose to consider the same in the light of our foregoing discussion, decisions and observations.
Karimganj District
64. The total number of posts advertised for Karimganj District was 198 against which 4999 candidates appeared and only 2309 candidates qualified to participate in physical test, after successfully completing the elimination race. All these candidates were allowed to take part in the viva-voce.
65. The learned Single Judge has interfered with the selection on the following counts-
A random scrutiny of the result sheet of the selected candidates has revealed that most of the selected candidates have secured high marks in the viva voce and had it not been for such high marks, such candidates would not have been selected. The learned Amicus Curiae was asked to look a little more into the aforesaid aspect of the matter where after a report has been submitted highlighting the cases of 30 selected candidates who have secured very high marks in the viva voce and who have been selected primarily on account of such high marks. The result sheet of the selected candidates which indicates the marks given in the physical test and the viva voce has also been perused by the Court. Such perusal has reflected a more or less uniform pattern i.e. the majority of the selected candidates have been so selected only on account of the high marks in the viva voce.
The particulars of the selected candidates who were awarded high marks as found by the learned Amicus Curiae is mentioned below-
Sl. Name of the Roll Marks Marks Total Police Station
No. candidate No. in in viva
physical voce
test
1. Gokul Chah 109 27.5 40 67.5 Barpathar
2. Binod 119 29 40 69 Lakhipur
Kr.Rao
3. Samarendra 190 33 45 78 Udharband
Barman
4. Suma Rani 214 26.5 40 66.5 R.K.Nagar
Nath
5. Subal Ahmed 379 32 43 75 Karimganj
6. Roshid 380 29 42 71 Karimganj
Ahmed
7. Rajesh Paul 390 28 40 68 Katlicherra
8. Ibangal 491 32 40 72 Hailkandi
Singha
9. Mitliu 497 27 45 72 Ratabari
Choral
10. Mojnur 517 30 40 70 Patharkandi
Mussain
11. Benedic 518 29 40 69 Ratabari
Choral
12. K. 548 26 45 71 Lakhipur
Shyamsundar
Singh
13. Abdul Ahad 593 27 40 67 Karimganj
14. Jahangir 690 32 40 72 Badarpur
Alom
15. Tahir Ahmed 762 28 40 68 Ratabari
Khan
16. Deepak 773 31 40 71 Patharkandi
Debnath
17. Kalpita Dey 818 28 40 68 Patharkandi
18. Miranmoy 879 29 40 69 Katlicherra
Nath
19. Abbas Uddin 1242 31 35 66 Karimganj
Choudhury
20. Susmita 1349 27 40 67 Karimganj
Nath
21. Mousomi Das 1353 27 40 67 Karimganj
22. Sitarani 1510 26 40 66 Karimganj
Das
23. Sita Nath 1512 26 40 66 Karimganj
24. Arindam 1891 32 42 74 Karimganj
Swami
25. Ratna Dey 2238 25 40 65 Badarpur
26. Tinbull 3425 26 45 71 Patharkandi
Kaora
27. Ranjan 3646 28 45 73 Silchar
Uddin
Laskar
28. Anjana Rani 3791 26 35 61 Patharkandi
Dey
29. Bishwajit 4984 26 35 61 Hailakandi
Mazumdar
30. Champa Deb 4017 26 35 61 Patharkandi
The facts cited above and the scrutiny of the relevant records of the selection in Karimganj District by the Court has revealed a situation wherein the majority of the selected candidates have been found to be so selected only by virtue of the high marks in the viva voce.
66. We have perused the records of Karimganj Center and the same have revealed that six candidates who did not qualify in the elimination race were allowed to participate in the subsequent physical test and the records show that 2309 candidates, who had qualified in the physical test, were allowed to participate in the viva voce. Those six candidates eventually did not get final selection and thus did not materially affect the selection process.
67. Under the norms laid down, a candidate who successfully completes the elimination race has to be awarded 15 marks out of 50 marks meant for physical test and the remaining 35 marks are split over to the other three segments of the physical test, i.e., 10 marks for high jump, 10 marks for the long jump and 15 marks for 100 meter race. In the present case, we find that while recording marks for the physical test, the authority did not record or include 15 marks secured by the candidates in the elimination race and these 15 marks were shown separately in the Tabulation Chart. When these 15 marks are added to the marks obtained by a candidate in physical test, the total marks obtained by a candidate will get increased. To be specific in the chart, printed above, the candidate Gokul Chah (Roll No. 109) had secured 27.5 marks in the physical test. This is exclusive of the 15 marks secured by him for successfully completing the elimination race. Hence, the total marks actually secured by him in the physical test was 42.5 out of 50 marks allotted for the purpose. The candidate had obtained 40 marks in the viva voce and as such, the total marks will be 82.5 and not 67.5 as shown in the chart. The above will apply not only to 30 candidates mentioned in the chart but to all the candidates who had participated in Karimganj Center.
68. The learned Single Judge has noted the disparity in the marks obtained in the physical test vis-à-vis the viva voce, because of the fault of the concerned authority in not adding the 15 marks in the physical test marks. When we add these 15 marks which, were wrongly shown under separate head, we find that most of the candidates had secured high marks in their physical test and the marks secured by them, in viva voce was less than their marks in the physical test except in case of the following-
Name Roll Marks Marks in
No. in viva voce
Physical
test
Mithu Choral 497 42 45
K.Shyamsundar 548 41 45
Singh
Tinbul Kaora 3425 41 45
RanjanUddin 3646 28 45
Laskar
In respect of above four candidates also, the difference is of 2/3 marks, which is not at all material or relevant.
69. The finding of the learned Single Judge that some of the candidates who were ultimately not selected and who secured less than 25 marks in the physical test were allowed to participate in the viva voce and their participation has rendered the entire process farcical, is a factual error as has been revealed from the records, as because 15 marks secured by these candidates also, in the elimination race, were not added reflected in the chart and when we add this, we find that all the candidates who were allowed to participate in the viva voce had secured the minimum of 25 marks in physical test, which was a must for qualifying/appearing in the viva voce.
70. On perusal of the records, we do not find any irregularity or illegality in conducting the selection at Karimganj; and there is no apparent disparity in the marks secured by the successful candidates or even unsuccessful candidates in their physical test vis-a-vis viva voce; on the contrary, they appear to be proportionate. We, therefore, do not find any material whatsoever to interfere with the selection at Karimganj Center. The impugned order of the learned Single Judge, so far it relates to Karimganj needs to be reversed, which we accordingly do. Consequently, the selection of Karimganj district is upheld.
Morigaon District
71. The total number of posts advertised for this district was 86, for which 4819 candidates applied. After elimination race and physical test, 1407 candidates participated in the interview/viva voce held from 3.12.04 to 11.12.04 and the average candidates interviewed per day were around 200, the maximum being 260 on 4.12.04. Thus, the viva voce exercise was within the accepted norms.
72. The learned Single Judge found that 16 of the 86 selected candidates, did not secure the qualifying marks in the viva voce although the norm for selection as stipulated, was a minimum of 25 marks out of 50, which a candidate must obtain for selection. The names of 16 candidates have been mentioned in the impugned judgment. We find that the names were picked up on a random scrutiny of the records. However, we have made a thorough verification of the records pertaining to all the 86 candidates, who were selected for appointment. Upon such verification, we find that out of them as many as 52 candidates had secured less than the qualifying 25 marks in the viva voce and as such were not entitled to be selected and empanelled.
73. The Roll Numbers along with the marks secured by them in the viva voce are indicated below:
Sl. No. Identification Marks secured
No. in the viva voce
1. 09 21
2. 98 23
3. 108 20
4. 119 20
5. 263 18
6. 304 21
7. 323 20
8. 332 22
9. 433 20
10. 477 23
11. 549 22
12. 568 24
13. 783 20
14. 784 18
15. 1009 20
16. 1037 19
17. 1121 22
18. 1131 16
19. 1471 23
20. 1712 19
21. 1724 21
22. 1832 22
23. 1869 18
24. 1899 20
25. 1907 20
26. 1935 24
27. 2462 23
28. 2709 20
29. 2771 18 1/2
30. 2851 21
31. 3576 19
32. 3706 23
33. 3707 19
34. 3708 19
35. 3799 24
36. 3831 18 1/2
37. 3837 21
38. 4027 19
39. 4302 22
40. 4486 23
41. 4488 24
42. 4592 23
43. 4593 20
44. 4620 17
45. 4772 24
46. 4890 20
47. 4924 18
48. 5060 12
49. 5071 23
50. 5678 22
51. 5679 24
52. 5690 18 1/2
74. We, thus, find that approximately 60% of the selected candidates had secured less than qualifying marks in the viva voce and as such they were not eligible for selection and yet they have been shown selected. The submission that this was a mere irregularity which can be overlooked did not find favour with the learned Single Judge and we also hardly find any force in the submission. When there is such glaring anomaly and illegality in a selection, it cannot be said to be a minor irregularity.
75. We, further find from the record/ compilation sheet that in respect of candidates Smt. Bornali Rajkhowa (Identification No. 2817) and Smt Pratima Das (Identification No. 2796) whose names appear in the select list, there is apparent disparity in the marks recorded in the Register and the Compilation Sheet casting a grave doubt as regards the marks secured by them and their selection.
76. Further, one Smt. Pratima Das is under aged. There is another candidate Hannan Kotaki (Identification No. 941) who is also under aged whereas Adilur Rahman (Identification No. 5678) is over aged. The overwritings in the marks awarded to candidates having Identification Nos. 3868, 5060, 5657 and 5635 as noted by the learned Single Judge are found to be correct.
77. In view of the above, we concur with the finding of the learned Single Judge that the selection at Morigaon Center was vitiated by gross illegality and accordingly it has rightly been set aside and needs no interference.
Barpeta District
78. The total number of posts advertised was 210. The concerned authority did not maintain any record to show as to how many candidates participated in the selection process. Records have been maintained from the stage of interview only and it shows that 5540 candidates were allowed to participate in the physical test, which means these candidates presumably had successfully completed the elimination race. All these 5540 candidates were allowed to participate in the viva voce test. Record shows that some of the candidates failed to obtain the minimum qualifying norms in the physical test and as such they were not eligible to participate in the viva voce.
79. The selection of Barpeta Center was also challenged, on amongst others, the ground that some of the candidates were selected at the behest of the then Minister of Irrigation, who allegedly submitted a list of 43 candidates to the authority. Although it has been established, that nineteen candidates, whose names appeared in the said letter, were finally selected, however, learned Single Judge did not find any illegality or irregularity only on that count. This aspect of the matter is not under challenge before us, hence, need not be re-examined.
80. The learned Single Judge has interfered with the selection of Barpeta Center primarily on the ground of fragile nature of the viva voce conducted by the concerned authority.
81. During the course of hearing and pursuant to the order passed by this Court, the Respondent State filed an affidavit showing the number of candidates who were interviewed on day to day basis from 3.12.04 to 11.12.04. As noticed above, as many as 5540 number of candidates were interviewed from 3.12.04 to 8.12.04. As the interview was completed on 8.12.04, there was no interview on 9.12.04, 10.12.04 and 11.12.04. The daily Breakup is as follows-
3.12.04- 1148 4.12.04- 1344 5.12.04- 2042 6.12.04- 198 7.12.04- 744 8.12.04- 64
82. The records of selection examined by us show that there was only One Board and the entire Compilation Sheet bears the signatures of the same Chairman and the Board Members. In fact, there could not have been two Boards, as only a Single Selection Board was constituted for each district/battalion, which has been noted above. The daily working hours have been shown as nine hours which invariably includes the time taken by the members of the selection Board for the lunch, tea break, etc. and also the time gap between two candidates.
83. So far the dates, 6.12.04 and 8.12.04 are concerned, the number of candidates interviewed was within the permissible limit, but then compared to the number of candidates interviewed on other dates, the difference and disparity is noteworthy and the distinct commonness and uniformity so essential for an interview to be valid, is missing.
84. Even if we accept that 8 hours (480 minutes) or to round up 500 minutes were spent for the purpose of actual interview every day, we find that on 5.12.04 the time available for each candidate was 15 seconds only whereas it was in the range of 22 seconds on 4.12.04 and less than 27 seconds on 3.12.04. Admittedly, candidates were not allowed to gather in the interview room and naturally could not have been. The job of calling the names of the candidates for interview, their entry into the room for interview and on completion of interview dispensing from the room also naturally consumed some time. In the circumstances, the time available for questioning and answering to judge the mental faculties of a candidate can very well be imagined. This naturally leads to the irresistible conclusion that the interview was a total farce being unrealistic.
85. In view of our discussion and decision as to the number of candidates who can be properly interviewed on daily basis and considering that in the present case, the number of candidates interviewed was by far above than that of the acceptable standard and thus was unrealistic. The learned Single Judge rightly held that the alleged interview was no interview and it was a sheer facade, a managed show. The selection at Barpeta can not be approved and we, therefore, concur with the finding of the learned Single Judge.
Commando Battalion and Kamrup DEF There were altogether 160 posts for Commando Battalion and 25 posts for Kamrup DEF.
86. Altogether 4574 candidates had applied. Out of them, 1930 candidates qualified for physical test. The learned Single Judge found that out of the above, 7 candidates were under aged and one candidate, namely Ila Rani Kakoti was over aged. Our verification of the record shows that one Manjur Ali Roll No. 3242 was also under aged as he was born on 1.3.86. The names of the candidates along with their Roll Nos. and the date of birth are mentioned in the impugned Judgment.
87. We are of the view that so far the age factor is concerned, whether the candidate is under aged or over aged the matter needs to be finally verified by the concerned authority on the basis of the available records (and not to be supplemented), before issuing letters of appointment. The verification is also to be done on the basis of the original records and not on the basis of the Xerox or certified copies. We are also of the view that when selection of a particular candidate is interfered with by the court on account of age factor or it is detected on further verification at the time of issuing appointment letter, the cancellation of the said selection should be confined to that person only and it can not have any effect on the entire selection, more so, when the number of candidates vying for the posts are staggering and runs to thousands. The mistake may occur in recording the date either by the candidate or the concerned person. However, the same can always be verified from the original records and corrective steps can always be taken.
88. The learned Single Judge also found that the candidates, namely Samir Rajbongshi (Roll No. 883), Manik Medhi (Roll No. 056) and Ajoy Phukan (Roll No. 017) failed to obtain the required minimum marks of 25 in viva voce and as such, their selection against the quota of compassionate appointment was bad. In case of compassionate appointment also, the eligibility criteria is required to be maintained and hence, the selection of the above named candidates against the quota of compassionate appointment needs interference.
89. On verification of the records, we find that the candidates who have been selected, on an average have been awarded 25-35 marks in the viva voce. The total marks secured by these selected candidates is in the range of 60 to 70. The candidates had secured 35 to 45 marks in the physical test. There was no separate Tabulation Sheet and we were informed that common sheet was circulated from table to table.
90. We find that one Diganta Das (Roll No. 4308), Dipankar Medhi (Roll No. 3050), Thaneswar Rajbongshi (Roll No. 2517) and Khyren Ali (Roll No. 2537) were not selected on the ground that they have locked knee. The physical norms laid down for the purpose of selection do provide that a person having a locked knee is not eligible for selection. In the present case, the selection was for the purpose of Commando Constable and hence, the disqualification on the ground of locked knee was permissible. However, these candidates could have been disqualified at the earliest stage for disability, but their subsequent disqualification does not affect the entire selection.
91. We further, find that one Anjan Rajbongshi who had secured 60.5 marks was not selected although one Bhupen Deka and Mantu Das, who obtained 60 marks only were selected. Anjan Rajbongshi is, therefore, entitled to selection and his name should be included in the panel.
92. On going through the records, we find that in case of the following candidates who were selected for appointment, there is overwriting in the marks without any endorsement.
(1) Thaneswar Boro Roll No. 2742 (2) Munindra Kalita Roll No. 3208 (3) Fanil Kalita Roll No. 3341 (4) Mantu Kalita Roll No. 3642 (5) Kamaleswar Das Roll No. 4068 (6) Manabendra Chetri Roll No. 4076 (7) Mukesh Choudhury Roll No. 4444
93. The overwritings in marks no doubt creates certain amount of doubt. Overwriting may be intentional or may be due to inadvertence. Considering the huge number of candidates involved and the pressure of writing the marks at a good speed, it may, some time, lead to mistakes and these are required to be corrected and when these are corrected as a matter of habit, one tends to overwrite. The question that comes up for our determination is whether such overwriting in some stray cases can be held to pollute the entire selection process. In case of large scale overwriting, there can not be any doubt to that effect; but in case, the over writings are minimal, in our opinion, no such extreme view is required to be taken. In the present case, the overwriting is limited to a very few cases and as such, we hold that it might have happened in ordinary course while writing the marks and it was not unusual.
94. While going through the records of selection, we do find that in case of certain candidates who had secured high marks in physical test, were awarded comparatively low marks in the viva voce. We can not rule out the possibility that a person who is strong in physique, may be weak in mind and naturally such a candidate often secures less marks in the viva voce. The responsibility of selection was on the committee and merely because, in some cases, some of the candidates, who had secured higher marks in physical test were awarded lesser marks in the viva voce, but did secure qualifying marks, we do not find any good ground to doubt the correctness of the selection as it will be an extreme view to hold that those who had secured higher marks in physical test should have also secured higher marks in the interview / viva voce test. The instances cited are of only few and it cannot be said to be a case of distinct commonness or a definite pattern involving large number of candidates which naturally creates doubt.
95. In view of the above, the selection for appointment in Commando Battalion and Kamrup DEF is approved subject to our observations and directions made above in respect of over aged and under aged candidates and in respect of Anjan Rajbongshi, who is required to be empanelled.
Darrang District
96. The total number of posts advertised for Darrang District was 218 and altogether 15233 candidates had applied and almost 80% of these candidates could not complete elimination race successfully and only 2309 candidates took part in physical test.
97. On perusal of the Tabulation Sheet, we find that the marks secured by these candidates in the elimination race were not included or shown in the said chart as a result of which, it seems that most of these candidates did not qualify in the physical test. However, when we add the marks for elimination race, they are found to have been qualified.
98. We have inspected the records of all the selected candidates, both male and female, and also the records of non selected candidates.
99. The learned Single Judge has given a list of 19 candidates who have been selected despite getting less than 25 marks in the physical test. However, on scrutiny of records, we find that the marks given in the Tabulation and as quoted in the impugned Judgment, do not include 15 marks for elimination race and if the same is added, we find that they had all qualified in the physical test by securing the qualifying marks i.e. 25 and the alleged anomaly or disparity vis-à-vis marks in physical test and interview does not sustain.
100. However, the verification of records discloses serious anomalies as regards marks awarded to the successful candidates in the viva voce. There are discernible interpolations by way of erasures and overwritings in respect of selected candidates in the matter of awarding of marks in the viva voce. They are indicated below:
Roll Marks Marks Total Selection As Remarks
No. obtained obtained Marks (On Verification)
in in viva-
physical voce
test
5 29.5 41.5 71 UBC Original marks erased-
visible.
20 21.5 47 68.5 APTF
24 26.5 43 69.5 ABC
49 26.5 41.5 68 UBC
95 27 43 70 UBC Total marks obtained in
the interview is not
legible/clear. Sign of
overwriting of the
original marks ob tained
in the interview.
110 25.5 35 60.5 APTF
119 27.5 25 52.5 ABC
190 23 46.5 69 ABC Original marks in pencil
erased- new marks in ink.
198 27 38 63 APTF
229 23.5 44.5 68 ABC Erasures of pencil marks
281 23 39.5 62.5 APTF Erasures of pencil marks
293 30.5 39.5 70 UBC
357 31.5 31.5 63 APTF
375 39.5 35 64.5 APTF
389 20.5 25 45.5 APTF
398 29.5 43.5 63 APTF Figure manipulated -35
converted to 43.5
456 20.5 42.5 63 APTF 25 made 42.5
467 30 35 65 UBC
474 29 22 51 APTF
476 25. 44 69 UBC Closeness of two 4
521 28 40 68 ABC
550 33.5 39.5 63 APTF
562 29 40 69 ABC
587 39 Shows erasures of pencil
marks -replaced by ink
marking.
679 23.5 39.5 63 APTF Erasures
691 27 42 69 UBC
693 32 40 72 ABC
717 28.5 25 53.5 APTF
740 29 40 69 ABC
744 22 25 57 APTF
746 23.5 20 43.5 APTF
748 23 25 48 APTF
775 23.5 44.5 68 ABC Erasures
789 31.5 39 70.5 UBC Earlier marks of 27
visible
829 40 Erasures.
S36 35 Earlier marks erased.
850 45 Earlier marks erased.
924 28 35 63 APTF
938 22 28 50 APTF
943 22 25 47 APTF
979 23.5 39.5 63 APTF Erasures
1035 22 46 68 APTF Erasures
1060 23 42 65 APTF
1128 28 38 66 APTF
1131 34 40 74 ABC
1156 15.5 46.5 62 APTF
1186 46.5 Erasures
1267 26 4470 UBC Earlier m arks erased but visible
1279 30.5 39.5 60 UBC
1342 16.5 48.5 65 UBC Earlier marks erased but
visible
1383 24 44 68 ABC Earlier marks erased but
visible
1402 24.5 27 51.5 APTF
1421 23 45 68 UBC Earlier marks erased but
visible
1465 22 28 50 APTF
1505 27.5 22.5 70 UBC Earlier marks erased but
visible
1594 26 39 65 APTF
1740 25 43 68 UBC
1744 24.5 39.5 64 APTF
1791 23.5 43.5 67 APTF 35 converted to 43.5
1822 20.5 42.5 63 APTF 25 converted to 42.5
1843 23.5 27 50.5 APTF
1875 29 25 54 ABC
1883 29 39 68 UBC
1954 22 25 47 ABC
2301 23.5 39.5 63 APTF Erasures of earlier
marks
2358 20.5 41 61.5 APTF Erasures of earlier
marks
2361 26,5 36.5 63 APTF By erasing in ink the
earlier mark in pencil
2446 21.5 29 50.5 APTF
2463 23 45 68 APTF
2602 24.5 39.5 64 APTF Earlier 20. 25 still
visible in pencil
2636 22.5 45.5 68 ABC
2667 22.5 28 50.5 ABC
2939 25.5 30 55.5 UBC
3105 24.5 38.5 63 APTF 5 converted to 38.5
314! 26 38 64 APTF
3575 23.5 46 69.5 UBC Erasures
3670 29 35 64 APTF
3881 26.5 41.5 68 UBC Erasures
3906 20 43 63 APTF Erasures
3945 19.5 41.5 61 APTF
4171 22.5 46.5 69 UBC In ink by erasing pencil
marks
4217 20.5 42.5 63 APTF Erasures
4318 20 43 63 APTF Erasures
4503 40.5 5 converted to 40.5
4506 27 35 62 APTF In ink by erasing pencil
marks
4530 22.5 40.5 63 APTF
4674 22.5 46.5 69 ABC In ink by erasing pencil
marks
4688 25.5 28 53.5 APTF
4728 21.5 41.5 63 APTF
4820 23.5 39.5 63 APTF
4962 29 40 69 ABC
4975 20 43 63 APTF
5029 27 35 62 APTF
5092 28 35 63 APTF
5333 23.5 45.5 69 ABC
5340 30 33 63 APTF
5639 21.5 41.5 63 APTF
5641 27 30 57 UBC
5711 26.5 25 51.5 APTF
5766 20.5 42.5 63 APTF Sign of erasing of the
original marks obtained
in the interview.
Original marks 25
appears to have been
inflated to 42.5
5778 26 45 71 UBC
5807 31.5 39 70.5 UBC
5846 21.5 41.5 63 APTF
5909 27.5 35 62.5 UBC
5911 23 31 54 APTF
5914 20 44 64 APTF
6043 27 45 72 UBC
6189 24 44 68 ABC Original marks obtained
is 25, which has been
deleted and new marks 44
has been allotted.
6226 22.5 40 62.5 APTF
6257 20 30 50 APTF
6328 24 38 62 APTF
6385 26.5 30 56.5 UBC
6553 21.5 42 63.5 APTF
6622 25 25 50 APTF
6643 27.5 23 50.5 APTF
6687 23 25 48 APTF
6799 24 30 54 APTF
6844 28.5 40 68.5 APTF
6860 21 43.5 64.5 APTF Original marks 35
appears to have inflated
to 43.5
6861 23.5 30 53.5 APTF
6867 20 48 68 ABC
6868 28 45 63 APTF
6869 21.5 35 56.5 ABC
6871 21 35 56 APTF
6989 19 40 59 APTF
6985 19 40 59 APTF
6988 23 40 63 APTF
6990 24 40 64 ABC
6991 24 40 64 APTF
7116 18.5 35 63.5 ABC
7463 45 Earlier marks erased.
15411 23.5 38.5 62 APTF
15451 22.5 46.5 69 ABC
15455 23.5 44.5 68 ABC
15530 20 44 64 APTF
15532 20 43 63 APTF
15547 22 41 63 APTF Sign of erasing of the
original marks obtained
in the interview
15663 29.5 34 63.5 APTF
15664 24 39 63 APTF
15672 27 36 63 APTF
15776 26 37 63 APTF
15780 26 37 63 APTF
15788 26.5 37 63.5 APTF
15867 25.5 37.5 63 APTF
15868 25 38 63 APTF
15961 27 37 64 APTF
16058 27.5 35.5 63 APTF
16079 26.5 36.5 63 APTF Sign of erasing of the
original marks obtained
in the interview.
15852 24.5 38.5 63 APTF
15911 24.5 43.5 68 ABC
15916 24.5 37.5 62 APTF
15962 24 39 63 APTF
15968 20.5 41 61.5 APTF
16112 27 45 62 APTF
16117 26 42 68 APTF
16126 23 38 61 APTF Sign of overwriting of
the original marks obtained
in the interview.
16135 16.5 44.5 61 APTF
16145 20 42 62 APTF
16146 25 37 62 APTF
16147 18.5 42.5 61 APTF
16148 20.5 41.5 62 APTF
16225 21.5 41.5 63 APTF
16231 26.5 25 51.5 APTF
16267 24.5 44.5 69 UBC Original marks obtained
is 35, which has been
deleted and new marks
44.5 has been allotted.
16308 24.5 44.5 69 UBC
16332 29 39 68 UBC Original marks obtained is 35,
which has been deleted and new
marks 39 has been. allotted.
16350 27 36 63 APTF Original marks obtained is 25,
which has been deleted and new
marks 34 has been allotted.
16358 20.5 47.5 68 ABC Original marks obtained is 25,
which has been deleted and new
marks 47.5 has been allotted.
16381 25 43 68UBC Original marks obtaiined is 30,
which has been deleted and new
marks 43 has been allotted
16388 20 43 . 63 APTF
16401 28 40 68 UBC Original marks obtained is 35,
which has been deleted and new
marks 40 has been allotted.
16402 21 29 50 ABC Total marks obtained in the
interview is not legible/clear.
16403 19.5 42 61.5 APTF
16405 22 41 63 APTF Sign of erasing of the
original marks ob tained in
the interview
16417 24.5 39 63.5 APTF
16423 24 38 62 APTF
16427 21 41 62 APTF
16432 24 37 61 APTF
16445 27.5 39 66.5 APTF Total marks obtained in the
interview is not legible/clear.
Sign of overwriting of the
original marks obtained in the
interview.
101. We have also noticed that in all the above cases higher marks ranging from 35 to 48.5 out of total of 50 have been awarded in the viva voce by way of interpolation, erasures etc. to select the above candidates. The above large scale interpolations lead to only one irresistible conclusion that after the selection process was over, these interpolations/changes etc. were affected by erasing the earlier marks allotted to the candidates and subsequently giving higher marks so that they can obtain selection.
102. The above chart further shows that almost all the selected candidates have been given higher marks in the viva voce compared to what they secured in the physical test. There is no dispute that persons who are less fortunate in the matter of physical attributes may have higher intellectual capabilities; but when a common pattern emerges that all the selected candidates had secured less marks in the physical test and higher marks in viva voce, which was more or less discretionary and after considering that the total mark for viva-voce was 50 and when this phenomenon is coupled with large scale interpolations/changes, erasures etc., the entire process of selection gets polluted and in fact, it happened in the case of Darrang Center.
103. Considering the large-scale interpolations, we have no doubt in our mind that the selection was not as per the norms laid down and there was material deviations to help the favoured ones. The impugned order of the learned Single Judge setting aside the entire selection of Darrang District is supported by materials on record and as such, the setting aside of the selection stands affirmed. Goalpara District:
104. The total number of posts advertised in Goalpara District was 218. A total of 5602 candidates had applied against the above posts and only 1907 candidates qualified in the physical test and viva voce after completion of the elimination race.
105. The learned Single Judge verified about 150 cases on representative basis and out of the said 150 candidates, 28 were selected candidates. There are overwritings as regards the marks secured by them in the physical test or viva voce or both in order to facilitate their selection.
106. The learned Single Judge found that in respect of 11 candidates out of 150, their original marks were decreased so that they go out of consideration from selection. The entire selection process in Goalpara District has been set aside holding that there was perversity in the selection process.
107. We have perused the entire record including minutes of the Selection Committee dated 9.11.04 and 12.12.04 for selection of candidates, both male and female- DEF as well as 1st APDEF. Perusal of the entire record has revealed that there is large scale overwriting both in physical and viva-voce marks and also the total marks. In some cases, the remark 'passed but not selected' was converted to 'selected'. Conversely, as many as in 16 cases, the marks secured by the candidates in the viva voce were reduced and the remark 'selected' was altered to 'not selected'. This is in addition to the instances cited by the learned Single Judge in the impugned Judgment. The selection records give a dismal picture. With such large scale over writings with elimination and inclusion of selected and unselected candidates in the select list the selection cannot be sustained.
108. These large scale interpolations depict only one thing that the original records were interpolated in order to accommodate the chosen ones and in the process, those who were originally selected as per their merit, were thrown out by reducing their marks and by changing the remarks and also by increasing the marks of the non selected candidates. Such anomalies in respect of the selection comes to more than 60% of the total selection which means, equal 60% of the originally selected candidates were thrown out by adopting dubious means. In the above scenario, the only conclusion which one can reach is that the entire selection process suffers from the vires of perversity and needs to be interfered with.
109. We, therefore, concur with the decision of the learned Single Judge in respect of Goalpara Center.
Cachar District:
110. There are altogether 238 posts for which 12800 candidates applied and only 1497 candidates participated in the physical test and viva voce. Records in respect of 1007 candidates were produced or made available to us and the records of remaining 490 candidates are simply not available or traceable, which goes to show that the records have not been properly maintained.
111. The learned Single Judge has noted in the impugned Judgment the names of 88 selected candidates who had secured less than the required qualifying marks (25 marks) in viva voce. On verification of the records, we find that these 88 candidates have been selected in contravention of the rules as they failed to obtain the requisite 25 marks in the viva voce. We also find that as many as six selected candidates even failed to secure the total marks of 50 after combining the marks obtained in physical test and viva and hence, they were not eligible for selection.
112.The above anomalies lead us to believe that the concerned authorities were either ignorant about the rules of recruitment or that there was sheer callousness and the authorities wanted to finish the work given to them without bothering whether the same is in accordance with the rules and regulations.
113. Another disturbing fact that has emerged on verification of the records in respect of Cachar Center is that the individual marks of many candidates in the physical test/Viva-Voce segments are not reflected in the Tabulation Chart or Compilation Sheet of the candidates. The marks are missing in respect of 125 candidates between Serial No. 81 and Serial No. 206 of the Chart.
114. On consideration of the large-scale anomalies in the matter of recruitment, non-availability of entire records, absence of marks in the Tabulation Chart, Compilation Sheet and selection of unqualified candidates to the extent of 40% of the total selection, we hold that the entire selection process can be described as a farce. Moreover, in view of the non availability of records of 490 candidates, it can not be said as to how many eligible candidates were thrown out. The entire selection in respect of Cachar District was, therefore, has been rightly set aside by the learned Single Judge and we affirm the same.
Hailakandi District:
115. The vacancy position in Hailakandi District was the minimum and only 19 posts were advertised for which 1634 male and 88 female candidates participated and 17 male and 2 female were ultimately selected. The record shows that altogether 654 male candidates participated in the viva voce and the daily break up is as follows-
Date PT Viva Voce 3.12.2004 310 182 4.12.2004 380 161 5.12.2004 324 144 6.12.2004 163 101 7.12.2004 81 8 8.12.2004 70 11 9.12.2004 144 18 10.12.2004 55 5 11.12.2004 7 4
116. So far awarding of marks in physical test as well as viva voce is concerned, we did not notice any anomaly or irregularity. The learned Single Judge also did not find any fault in the matter of awarding of marks. The only reservation, which has been noted in the impugned Judgment is regarding maintenance of the records and non disclosure of the figure of candidates who were qualified and participated in the selection process. This was because of non-production of the entire records and/or failure to produce the same in a proper manner. Because on scrutiny of the selection records, we find that the records were maintained properly and in the Tabulation Chart etc. no disparity as such is noticed. The records produced before the learned Single Judge during the course of hearing, did not inspire the confidence of the learned Single Judge, because, the performance of the candidates in 100 meter race and long jump was recorded in same handwriting meaning thereby that a particular officer recorded the same for both the events. The position relating to same was not explained. However, on scrutiny of the records, we find that the same were maintained more or less in a proper manner and in the circumstances, we accept the explanation that the same man was asked to write in the Tabulation Chart relating to those segments. No glaring disparity as such in the selection came to our notice so as to hold the entire selection to be vitiated. It was non-production of records in a proper manner, and non-furnishing of expected explanation, rather than non-maintenance of record in a proper manner, which led to the finding of there being vitiating factors in the selection.
117. In the above circumstances, we are inclined to hold that the selection pertaining to Hailakandi District needs to be sustained. Consequently, we uphold the same and set aside and quash the finding of the learned Single Judge.
4th A.P. Bn.:
118. Total 319 posts were advertised for the 4th APBn which includes 206 posts for the 4th APBn, 95 posts for S.B., 10 posts for GRP. 6 posts for CID and 2 posts for ACB.
119. Altogether 14592 candidates were registered for the elimination race, and after the elimination race, 8763 numbers of candidates qualified for the physical test and viva voce test. Selection was held at Kahilipara, Guwahati. So far maintenance of the records of 4th APBn is concerned, no comparative norms were followed. Records, alleged to have been maintained, have not been produced before us in spite of specific directions for the same. It was stated that for the events, long jump and high jump, the candidates were given three chances and as such records of such performance were required to be maintained, but no such records could be produced before us.
120. Another noticeable feature reflected from record, which has attracted our attention is that 95% of the selected candidates appeared to have run 100 meter race in 11 seconds. They have been shown to have jumped 15 ft. and 5 ft. in long jump and high jump events respectively. This unusual feature of uniformity in all the events will mean that all the selected candidates have identical physical/sporting ability in all the three segments of physical test. This can not be a co-incidence or happen in actual practice. The above feature of performance of the selected candidates in the physical test when examined in the context of non production of the contemporary field records leave us in no doubt whatsoever that the records produced before us in the compilation sheet/tabulation sheet were all prepared subsequent to the actual selection, to meet the requirement of the rules and to support the selection.
121. Further, we find that these selected candidates who had secured high and very high marks in physical test also secured high marks in the viva voce. In other words, the performance in the physical test and viva voce was at par. Such a distinct and common similarity is also unusual and leads to the conclusion that the entire selection was pre-determined and, therefore, to achieve the object, i.e. to select candidates of choice, marks were incorporated later on in the Tabulation Sheets, of both the physical test and viva voce.
122. We also find that the candidates who are not selected were awarded marks uniformly in viva-voce, ranging from 20 to 30. There is room to doubt the genuineness in the matter of awarding of marks and it may be that the marks to the non selected were awarded at random only for the maintenance of the records without, however, any substance in it. In the case of one Kandu Ram Deka (Roll No. 2480), we find that the candidate had secured 48 marks in the physical test (out of 50); but he was ousted from selection by awarding 22 marks in the viva.
123. In response to our directions to produce the records to show the number of candidates interviewed on daily basis from 3.12.04 to 11.12.04, the concerned authorities gave us the following break up which reads as follows-
Date Total
3.12.2004 1749
4.12.2004 2511
5.12.2004 1953
6.12.2004 2061
7.12.2004 1697
8.12.2004 1340
9.12.2004 1577
10.12.2004 1583
11.12.2004 156
124. The above breakup is invariably in respect of the total number of candidates who had participated in the selection process and admittedly it is not limited to the number of candidates interviewed on daily basis as the total number of candidates was 8763 as seen from the minutes of the Selection Board (figure is mentioned as 8761 in the impugned Judgment).
125. Even if we take the average of the actual number of candidates interviewed daily, it will be around 1000 per day and taking into account 8 hours probable actual time could be spent for interview, interview time for each candidate will come to half a minute only. From the marks awarded in the interview, we find that a great degree of care was taken to assess the candidates so much so that the marks were awarded even in fraction, such as, O. 5 or 1/2 : for example, 35 1/2, 38 1/2, 32.5 etc. On the other hand, the topper Raju Kalita (Roll No. 483) was awarded a total 94 marks which includes 48 marks in the interview out of the total of 50 marks assigned for the purpose. Further, as noticed above, the non selected candidates have been uniformly given 20-30 marks in viva voce which naturally gives the impression that sufficient time was devoted to each candidate in viva voce. However, in reality contrary to such an impression sought to be created, it could not have been so. Considering the large number of candidates interviewed, it was not reasonably possible to award marks in that manner. Having regard to the total marks allotted for viva voce segment i.e., 50, half a minute time was not at all sufficient for the purpose and thus the whole exercise was a total farce. Hence, we have no hesitation to hold that the marks in viva-voce to the both selected and unselected candidates were given in a pre-determined mechanical manner. There cannot be any manner of doubt that the mental faculties of a candidate could not have been judged within fraction of a minute.
126. In view of what has been stated above, we hold that the selection process in respect of 4th APBn was rightly set aside.
Nagaon District:
127.The total number of posts advertised for Nagaon District was 354 against which 11,142 candidates participated in the selection process. 7177 candidates successfully completed the elimination race and thus became eligible for participation in the physical test and subsequent viva voce test on successful completion of physical test. However, the records produced before us show that all the 11, 142 candidates who had applied for the purpose, were allowed to participate in the selection process. Further, it is seen that as per the advertisement and norms fixed, female candidates were required to run a distance of 0.8 KMs i.e., 800 meters; but they were asked to run for 1 KM.
128.The learned Single Judge on the basis of the verification of records by the learned Amicus Curiae and the Judicial Officers, recorded the following finding-
The records of Nagaon District have been scrutinized in detail. Two unsuccessful candidates i.e. the writ petitioner in W.P. (C) No. 1232/2005, namely, one Parthajyoti Bora [Identity No. 1(A) 1255] and as stated in W.P. (C) No. 976/2005, one Ibrahim Ali [Identity No. 1(B) 2401] had appeared in the selection. Against the identity numbers of the aforesaid two candidates one Ratul Mazumdar and Afnur Ali respectively are found to have been selected.
4 (four) candidates, viz., Rakesh Sarma [Identity No. 1(C) 939]. Shakh Riku Rahman [Identity No. 1(A)-1486], Atiqur Rahman [Identity No. 1(C)-192] and Mridu Paban Bora [Identity No. 1(A)-314], though, under-aged have been selected. Their respective dates of birth are 30.4.86, 17.2.86 and 3.1.86.
129.The above findings have not been challenged before us. We have verified the records and from the records, we find that a discernible fixed trend is reflected both in respect of the selected and unselected candidates. The candidates who had not been finally selected have been awarded marks in the viva voce in the range of 20-25. In other words, to be very specific, none of the unselected candidates has been. awarded above 25 marks in the viva voce. On the other hand, almost all the selected candidates have been awarded marks in the viva voce in the range of 40-48 marks. This explicit trend shows that either the selection was all pre-determined and the candidates who were poised to be selected were given marks-40 plus whereas other candidates were given marks in the range of 20-25 only. Marking pattern reflects another aspect. All the candidates who appeared in the viva voce belonged to two categories, i.e., lower category and higher category. The middle category was missing. We are unable to comprehend that out of these 11, 142 candidates, there was no one who is fit in the middle category or who could get marks in the range of 25-40.
130.The learned Single Judge has adopted a standard that on an average 250 candidates can be properly interviewed. In this case, figure was found to be more than 1,000 per day and accordingly it was held that number of candidates interviewed daily exceeded the acceptable norms thereby exposing a farcical nature of the viva voce test which carried 50 marks, which is half of the total marks.
131. The records examined by us, show that the number of candidates interviewed from 3.12.04 to 11.12.04 were as follows-
The candidate appeared in the interview were indicated as below:
(A)03/l2/2004- Male = 1372
Female = 243
Total = 1615
(B)04/12/2004- Male = 2017
Female = 107
Total = 2118
(C)05/l2/2004- Male = 1861
Female = 68
Total = 1929
(D)06/12/2004- Male = 1326
Female = 49
Total = 1375
(E)07/l2/2004- Male = 1271
Female = 57
Total = 1328
(F)08/l2/2004- Male = 956
Female = 30
Total = 986
(G)09/l2/2004- Male = 1025
Female = 51
Total = 1076
(H)10/12/2004- Male = 621
Female = 45
Total = 666
(I)11/12/2004- Male = 41
Female = 8
Total = 49
Total = 10,490+658
= 11,142
132. The above figures show that on an average, 1386 candidates were interviewed daily, whereas, on a particular day more than 2000 candidates were also interviewed by a single Board, which was humanly not possible and was more than unrealistic. The figures far exceed the acceptable norm, howsoever, generously the accepted norm is relaxed.
133. As the selection at Nagaon was interfered with by the learned Single Judge, the concerned authorities came up with new/innovative pleas before us that there were two sets of examiners consisting of two persons each. The constitution of the Selection Board was provided under the rules and notifications of the Government and they speak of only one Selection Board consisting of three members. The State has failed to show any document empowering the Chairman of the Selection Board to split or to constitute another Committee for the purpose of conducting interview and that too with only two members as against fixed three members. Furthermore, when asked, the State Officials who were present at the verification of records, could not produce a single sheet of paper to substantiate their claim that the interview was conducted by two Boards. On the other hand, a bare perusal of the minutes dated 29.11.04 as well as 30.1.05 depicted that the entire selection process was conducted by a single Selection Board consisting of the Chairman and the two members. Even if the plea of constitution of two Interview Board is accepted for argument sake, the constitution of two Boards and that too with only two members will per se vitiate the entire selection process being contrary to fixed norms.
134. Considering the farcical nature of the interview/viva voce conducted at Nagaon, we concur with the finding of the learned Single Judge and decline to accept the selection as fair, transparent and according to the norms fixed.
10th APBn.:
135. The total number of posts advertised was 117 against which 6914 candidates participated in the selection process. However, 2464 candidates only qualified to undergo physical test and viva voce.
136. The learned Single Judge has recorded a finding that two selected candidates are over aged, namely, Nipon Phukan and Dharmendra Barua whereas there were as many as seven candidates though selected are under aged. Their names have been mentioned in the impugned Judgment. So far as the age factor is concerned, our decision and direction in the matter of Kamrup DEF/Commando Battalion shall be applicable in this case also. The concerned authorities before issuing letter of appointment naturally will have to re-verity the date of birth of all the selected candidates, whether his name appears in the Judgment or not. Such verification will have to be on the basis of available records and should not be allowed to be supplemented. If he/she is under aged or over aged, no letter of appointment shall be issued to them. The responsibility on this count will be on the appointing authority.
137. In the impugned Judgment, the learned Single Judge has mentioned the particulars of 28 candidates who had secured high marks in the physical test; but they were comparatively given lesser marks in the viva voce. The Court, therefore, has observed and held as follows:
The qualifying marks for inclusion in the select list in the 10th A.P. Battalion has been very high i.e. above 70%. In such circumstances, the award of exceptionally high marks, in the viva voce, to the selected candidates and similarly award of low marks to unselected candidates who had otherwise secured very high marks in the physical test would have it own significance. A definite pattern having emerged from the scrutiny undertaken which points to a strong possibility of conscious preconceived decisions, the Court is left with a serious doubt as to the fairness of the selections held in 10th Assam Police Battalion. The Court, therefore, is inclined to take the view that it would be a more prudent exercise to interfere with the selections than to maintain it. Consequently, the selections held in 10th Assam Police Battalion is hereby set aside.
138. We have perused the records of all the candidates and do find that in certain cases, the candidates who have secured very high marks in physical tent have been awarded reasonably low marks in the viva voce. We, however, find that none of the candidates including the selected candidates has been awarded more than 40 marks in the viva voce and the average marks in the interview was around 35. Further, the cut off marks for the selected candidates is around 70 and all the selected candidates have also scored high marks in the physical test and their marks in viva voce is more or less proportionate to their physical test marks. In most of the cases, the candidates have secured more marks in physical test than in viva and we thus find that parity has been maintained in the marking pattern and the marks secured by these candidates in physical test and viva are more or less uniform.
139. Now coming to the question of candidates interviewed on daily basis, the learned Single Judge has held that the case is within the border line and as such, the matter is required to be examined with due care and caution.
140. As per the information furnished by way of an affidavit filed by the State, we find that on an average 220 numbers of candidates were interviewed daily. The recruitment rallies continued for 9 days from 3.12.04 to 11.12.2004 at the 10th APBn Center and it lasted for 10/12 hours per day.
141. In our foregoing paragraphs, we have accepted probable 300 candidates per day with little leeway to the acceptable norm. In the present case, as the figure of 10th APBn are below the above norm, we find no room for doubting the selection process. No other illegality or infirmity has been detected by us or brought to our notice, and as such, we reverse the order of the learned Single Judge as regards 10lh APBn and hold that the selection was in accordance with law and thus sustained subject to the observation made in respect of overaged and underaged candidates.
Dhubri District:
142. The total number of posts advertised for Dhubri was 178 and the total number of candidates participated in the selection process was 9195. The record shows that 3722 candidates successfully completed the elimination race and qualified for the physical test.
143. We have perused the records and find that the records were properly maintained and necessary details have been recorded. The learned Single Judge also did not find any fault as regards the procedure adopted. The selection at Dhubri has been interfered with on the sole ground that the number of candidates interviewed on daily basis was on higher side. As per information furnished, the number of candidates interviewed date wise, is as follows-
Date Total Total
Appeared Qualified
& Appeared
in Interview
03/12/2004 1400 428
04/12/2004 2400 601
05/12/2004 2000 1068
06/12/2004 1100 498
07/12/2004 505 334 (WOMEN)
08/12/2004 430 (MEN) 186 (MEN)
09/12/2004 580 (MEN) 256 (MEN)
30 (Women) 13 (WOMEN)
10/12/2004 530 (MEN) 222 (MEN)
32 (WOMEN) 15 (WOMEN)
11/12/2004 109 (MEN) 68 (MEN)
9 (WOMEN) 8 (WOMEN)
---------- ----------
9195 3722
144. So far the interview held on 7.12.04 to 11.12.04 is concerned, we find that the number of candidates who appeared in the interview was within the norms accepted by us. However, on the first four dates, the number of candidates interviewed was on higher side. Upon a comparison of all the dates and the number of candidates interviewed, the difference and disparity noted in respect of Barpeta district is clearly discernible in this case also.
145. As the selection at Dhubri was interfered with on the above ground only, a submission was made that the oral interview was not completed on 4th and 5th December, 2004 as large number of candidates appeared for the interview on those two days and left out candidates were interviewed on the next day (6.12.04). On that day also, we find that 498 candidates were allegedly interviewed. Moreover, the records produced before us do not support the above contention of the State. The minutes of selection were signed datewise and we do not find any material whatsoever to show that the candidates were interviewed on the next date. Even if, we accept this unfounded plea, then also number of candidates interviewed by far exceeded the accepted norms.
146. From the records we find that the number of candidates selected on daily basis was as below-
Date of Nos. of Nos. of
interview candidates andidates
Interviewed selected
3-12-2004 428 16
4-12-2004 601 23
5-12-2004 1068 58
6-12-2004 498 16
7-12-2004 334 17
8-12-2004 211 13
9-12-2004 269 17
10-12-2004 237 11
11-12-2004 74 7
---- ----
Total 3660 Total 178
147. From the above, we find that the selection Ratio was 4 to 5% on daily basis. On 4.12.04 and 5.12.04 the number of candidates selected was much higher compared to other dates and significantly on those days, the number of candidates interviewed were also very high. In other words, considering the number of candidates selected on those two days, the explanation given by the State, now, can not be accepted.
148. As more than 1000 candidates were admittedly interviewed on 5.12.2004 in a total duration of around 500 minutes, the time given to each candidate comes to half a minute only for 50 marks. We reiterate our decision that the time was not at all sufficient to take a proper interview to judge the mental faculties and it was a mere farcical exercise.
149. We, therefore, concur with the finding of the learned Single Judge.
Sonitpur District:
150. The total number of posts advertised for Sonitpur district was 414. Recruitment was held at 12th APBn, Jamuguri wherein 12,433 candidates, both male and female, appeared. After initial physical measurement, verification of age, educational qualification and successful completion of elimination race, 5399 candidates appeared in the physical test and thereafter they participated in the interview/viva voce.
151. From the records made available before us, the break up of candidates who appeared on different dates for interview is as follows:
3/12/2004 498 4/12/2004 757 5/12/2004 558 6/12/2004 602 7/12/2004 473 8/12/2004 1175 9/12/2004 536 10/12/2004 709 11/12/2004 91
152. The above figure itself depicts the fact of a farcical interview/viva-voce. Further, the verification of records of Sonitpur depicts a definite pattern. The candidates who had secured higher marks in the physical test i.e., above 40 and upto 46, were awarded abnormally low marks i.e., marks ranging from 7 to 20 and thereby these candidates were ousted from consideration. Coupled with the above, while examining the records of selected candidates, we find that in all the cases, the marks awarded in viva as well as the total marks were overwritten/ interpolated in respect of all the candidates and not a single instance was found free from such impairment which goes to show that there was conscious effort to make adjustment to accommodate the so called selected candidates.
153. On the other hand, we notice that in case of large number of candidates, marks allotted in viva voce was subsequently changed/ altered and reduced to throw them from contention. Instances are indicated below:
Roll Name Remarks Marks on Status
No. Reduction
1020 Rajendar Viva-25 51 1/2 Not selected
Raut (OBC) reduced to 20
1462 Mintu Viva-30 56 1/2 Not selected
Khataniar reduced to 20
(OBC)
3038 Diganta Viva-35
Gogoi reduced
(OBC) to 56 Not selected
25
1721 Jatin viva 35
Saikia reduced
(General) to 59 Not selected
25
25
1108 Nizamu-ddin Viva 30
Ahmed reduced
(General) to 50 1/2 Not selected
13
1710 Murin Viva-25
Maya reduced
Saikia to 15 56 1/2 Not selected
1727 Nabajyoti Viva
Saikia marks 57 1/2 Not selected
(General) altered
1717 Rajib Viva-35
Saikia reduced
(General) to 15 56 1/2 Not selected
2765 Yadav Viva 25
Chetri reduced
(OBC) to 15 56 1/2 Not selected
2361 Opil Viva 30
Gahatiraj reduced
(OBC) to 20 58 1/2 Not selected
2585 Runu Viva 35
Bora reduced
(OBC) to 30 56 Not selected
2408 Ava Viva 35
Rani reduced
Gogoi to 15 Not selected
(OBC) 55
3383 Laxmi Viva 35
Bhatta reduced
(General) to 52 1/2 Not selected
15
343 Rina Viva 30
Bora reduced
(OBC) to 15 50 1/2 Not selected
1881 Dipali Viva 30
Bora reduced Not selected
(General) to 20 61
926 Sumi Viva 25
Das (SC) reduced
to 15 57 1/2 Not selected
272 Babul Viva 25
Hoque reduced
(General) to 15 57 1/2 Not selected
2401 Hemanta Viva 25
Koch reduced
(OBC) to 15 57 1/2 Not selected
3353 Fiznur Viva 30
Ali reduced
(General) to 20 57 1/2 Not selected
1327 Deganta Viva 30
Nag reduced
(OBC) to 26 59 Not selected
1428 Firoz Viva 26
Ahmed reduced
(General) to 46 1/2 82 1/2 Not selected
154. We also find that in some cases, the candidates were not awarded marks for 100 meter race which had been completed within the permissible limit and these marks which were due to them, were not awarded and included in the total marks, and hence, they were not selected. For example, Uttam Kakoti (Roll No. 719), ST (P) and Ansuma Daimari (Rol No. 715) belonging to ST (P) had completed 100 meter sprint in 13 seconds and thus, entitled to 9 1/2 marks as per the prescribed norms. Like wise, Pradip Sharma (Roll No. 171) had completed 100 meter race in 13.3 seconds and was entitled to 9 marks. These candidates have secured 55.5, 55.5 and 54.5 marks respectively exclusive of the marks for 100 meter race. If the marks of 100 meter race are added, they would have scored higher marks than the cut off marks. It was 61.5 for general and 60 1/2 for OBC and 60 for ST (P). On the other hand, one Rohit Dorji. Roll No. 1481 (OBC), secured 65.5 marks and he was declared fit otherwise than others; but he was not selected; whereas one Ashim Sarma (Roll No. 2136)-General was selected with 62.5 marks.
155. The marking pattern indicates that the candidates were very minutely assessed in the viva even to the extent of awarding 1/2 marks and thus an attempt was made to show that sufficient time was devoted to each candidate for the interview. However, if translated into practice less than 30 seconds time was available per candidate on 8.12.2004. Further, as noticed above, from the break up as quoted above, we find that the number of candidates interviewed per day was much higher than the accepted norms except on 11.12.2004, which again leads to the disparity noted above. We have no hesitation to hold that the entire selection was total farce.
156. In view of the aforesaid findings and large-scale interpolations in recording of marks, we are constrained to hold that the selection at Sonitpur is not sustainable and it has been rightly set aside by the learned Single Judge.
Jorhat District:
157. The total number of posts advertised for Jorhat District was 345 against which 10819 candidates participated. A total number of 4743 candidates appeared in the viva voce test. The verification of the records shows that candidates who had participated in the viva voce had all secured qualifying marks of 25 in the physical test and as such, there was no anomaly on that count.
158. The learned Single Judge found that there was some overwritings in the marks allotted to the selected as well as non selected candidates and the court has recorded its finding in respect of six candidates out of sample survey of 100 candidates. The Court was, therefore, of the view that if this is correlated to the case of 4743 candidates, many more such irregularities might emerge. However, our verification of the entire records does not disclose any large scale overwriting. The overwriting is found in respect of few candidates only. Out of 345 selected candidates, overwriting is there in respect of 12 candidates only. Like wise, in the case of non selected candidates also, it is in the same range. Such minor things may happen when the marks are recorded or required to be recorded in respect of large number of candidates. In this connection, we reiterate the views expressed by us while considering the case of the Commando Battalion/Kamrup DEF.
159. However, the moot question is as to whether the number of candidates purportedly interviewed per day was reasonably practicable and realistic. It has been held by the learned Single Judge that the number of candidates interviewed on daily basis from 3.12.04 to 11.12.04 was much higher than the acceptable norms and the selection at Jorhat has been interfered with on that ground. The number of candidates interviewed on daily basis is as follows-
Date of Nos. of interview Candidates interviewed 03.12.2004 356 04.12.2004 599 05.12.2004 573 06.12.2004 1043 07.12.2004 637 08.12.2004 569 09.12.2004 362 10.12.2004 453 11.12.2004 151
160. We, thus, find that except on the last day, i.e., on 11.12.2004, the number of candidates interviewed was not within the acceptable norms and the same was by far above the acceptable norm. Going by the number of candidates interviewed on 6.12.2004 the candidates were not given even half a minute on an average in the interview towards judging their mental faculties. In view of the above, the selection at Jorhat can not be upheld and the decision of the learned Single Judge needs no interference. Sibsagar District:
161. The total number of posts advertised for Sibsagar District was 234 against which 8000 candidates applied. 3223 candidates had appeared in the interview. Our verification of record discloses that no interview was held on 3.12.2004 and thus the total 3223 candidates were interviewed on 8 days. The figures are shown below:
Date of Nos. of interview candidates interviewed 04.12.2004 326 05.12.2004 400 06.12.2004 525 07.12.2004 645 08.12.2004 605 09.12.2004 519 10.12.2004 140 11.12.2004 64
Above figures will go to show that the interview conducted was unrealistic and impracticable and thus was a total farce. In this connection our observation and finding in respect of some such centers may be referred to and will hold good.
162. As per the guidelines, the measurement of height, chest and other criteria regarding age or physical deficiency were to be examined prior to participation in the elimination race; but at Sibsagar, the said norms were not followed. A number of candidates had been rejected at the final stage on account of physical deficiency and other grounds namely 'lack of height', 'below chest', 'below age' and 'over age' though in terms of the selection procedure physical feature like height, chest etc. and other eligibility were to be ascertained first and candidates found qualified were required to be permitted to participate in the elimination race. The same apparently has not been followed. A good number of candidates who were ultimately found disqualified on the above counts had been allowed to participate in the interview, thereby, unnecessarily inflating the number of candidates for the viva voce. This has a definite bearing on the acceptability of the number of candidates interviewed on the above dates.
163. In view of the above, this selection is also not sustainable and we concur with the findings of the learned Single Judge.
164. Before dropping the curtain to our above deliberations in consultation with the records, we make it clear that our findings recorded in respect of the districts/battalions, selection of which have been set aside are in addition to the findings recorded by the learned Single Judge.
165. In view of the above, the writ appeals except the ones pertaining to Karimganj district, Hailakandi district, Commando Battalion and Kamrup DEF and 10th AP Battalion are dismissed. The writ appeals in respect of those four centers are allowed subject to the observations and directions issued.
166. We also place on record our words of appreciation the three judicial officers namely Mr. FU Laskar, Mr. DK Mahanta and Mr. MH Barbhuyan, who helped us all throughout in scrutinizing the entire records of selection.
167. The writ appeals are answered in the above manner, leaving the parties to bear their own costs.