Orissa High Court
Amarjit Keshari Das vs State Of Orissa And Anr. [Alongwith Ojc ... on 12 August, 2002
Equivalent citations: 2002(II)OLR406
Bench: Chief Justice, A.S. Naidu
JUDGMENT P.K. Balasubramanyan, C.J.
1. All these writ petitioners relate to recruitment to the Orissa Judicial Service, Class II. While the first two writ petitions relate to the selection conducted pursuant to a notice dated 10.8.1999, O. J. C. No. 6210 of 2001 seeks a declaration of Orissa Judicial Service Rules, 1994 (hereinafter referred to as the 'Rules') as ultra vires and seeks the issuance of a direction to the State to frame a fresh set of Rules essentially entrusting the recruitment to the High Court by keeping out the Orissa Public Service Commission or minimising its role. The prayer in OJC No. 1313 of 2002 is for the issue of a writ of mandamus directing the opposite parties to commence the recruitment process for filling up the vacancies in the Orissa Judicial Service, Class-II.
2. On commencing the process of recruitment, the written examinations were held in different centres at Cuttack. There existed 85. vacancies and pursuant to Advertisement No. 10 of 1999-2000, 1475 candidates applied. Out of them, 1417 applications were found to be valid and those persons who were found to be qualified were admitted for the written examinations to be conducted from 16.7.2000 to 19.7.2000. Out of 1417 candidates admitted for the written examinations, only 788 candidates took the examinations. The process of valuation was taken up and the general candidate's who obtained 45% marks and above were called for a viva voce test. In respect of Scheduled Caste and Scheduled Tribe candidates the minimum qualifying mark was 40%. As per Rule 17 of the Rules, a total of 38 candidates were called for the viva vocetest. That test was held from 1st to 3rd February, 2001. The viva voce test was held by a committeeof three, one of whom was a sitting Judge of the High Court, another the Chairman of the Public Service Commission and the third, a member of the Public Service Commission. The final select list was drawn, published and sent to the Government on 5.2.2001.
3. As regards the challenge to the examination already held and the process of valuation adopted, the main plank of attack is that some of the examiners entrusted with the work of valuation were running institutions of their own offering coaching to the students and they had misutilised their position as examiners to benefit the students studying in their institutions and they had shown undue favours to them. This allegation is denied, though it appears that at least in the case of one of the examiners an advertisement was issued regarding such an institution offering coaching for the test giving the telephone number of his brother as the contact telephone. Whatever it be. especially in view of the provisions that there would be no revaluation, we are not 'satisfied that sufficient ground has been made for interfering with the valuation already completed and the list prepared on the basis of that valuation. But, we must express our anguish over the fact that pedagogues who hold positions of great respect in society re charged with conduct unbecoming of teachers (Gurus, who along with mother (Mata) and father (Pita) are equated with God in our tradition). Even if we accept the stand of the opposite parties and discard the charge of irregularity and impropriety sought to be projected, we are unhappy that the position of a teacher has deteriorated to the extent that such charges are not only conceived but are actually hurled at them. We cannot but take notice of the frequency with which the charge of improper valuation of answer papers by teachers is made in writ petitions filed in this Court relating to various examinations conducted in the State, Considering our ethos and great tradition, it is necessary for teachers to live up to the great standards set by their predecessors, to refurbish their image by uncompromisingly truthful approach to each and every part of their profession so that no one dares to raise such an allegation against them. The national character and its development depends on the teacher, the Guru, and if that institution loses its credibility or becomes worm infected, that would be a sad day for this country and the State. We trust that the teaching fraternity as a whole would rise to the occasion and spare no effort in building up the character of the student community in our State and thereby in our country.
4. The Orissa Judicial Service Rules, 1994, was amended by notification S.R.O. No. 323/98 dated 14.7.1998. There was no significant amendment to Rule 18 of the Rules and there was no change in the composition of the Committee to hold viva voce test. During the course of hearing, it was suggested by the Senior Counsel appearing for the petitioner that the process of recruitment may be taken over by the High Court, and that trouble arises when the Orissa Public Service Commission is entrusted with the conduct of examinations including the viva voce test and even though there is a provision that the Chief Examiner should be appointed after consultation with the Chief justice, what normally happens is that the failings of the ones available, are not always brought to the notice of the Chief Justice or highlighted. This resulted in appointment of examiners not always desirable and this should be eliminated so as to ensure fairness in the selection process. It was also submitted that the Chairman of the Public Service Commission and a Member thereof sitting with him could over-rule a Judge of the High Court, who was the nominee of the Chief Justice in the Committee for conducting the viva voce test and this also results in unfairness in selection since a Judge of the High Court concerned with the Judiciary was obviously the more qualified person to identify the more suitable among the candidates.
5. The learned Advocate General, who appeared on behalf of the State, submitted that the Public Service Commission had necessarily to be associated with the process of selection, especially in view of Article 234 of the Constitution of India and that even though there may be merit in the contention that the primacy in the matter of selection must be with the High Court, the submission that the Public Service Commission should be kept out, should not be accepted. Since the Court felt that it would be better to know what exactly was the reaction of the State to the situation arising out of these submissions, the matter was adjourned seeking the views of the Government. The Government thereafter considered the matter and a fresh affidavit dated 29.4.2002 was filed in OJC No. 6210 of 2001. The State, according to the affidavit, took the view that isolating the Public Service Commission, a constitutional body, from the process of selection completely, may not be in accord with Article 234 of the Constitution of India and the emerging situation can best be met if the High Court is assigned the dominant role in the process of the selection and the Public Service Commission attends to the procedural matters like inviting applications and having a minor representation in the selection body. The learned Advocate General submitted that if this Court thought it proper, while the Public Service Commission would invite applications and look after the holding of the examinations proper, matters relating to the setting of question papers, appointment of examiners and the like can be taken over by the High Court so as to ensure no deviation from the straight a narrow path at any of those stages, and that the Committee of three for conducting the viva voce test, can consist of two sitting Judges of the High Court to be nominated by the Chief Justice, and the Chairman of the Public Service Commission or a Member of the Commission nominated by him.
6. We think that the stand adopted by the learned Advocate General on behalf of the State and the approach adopted by the State commends acceptance. We accept the same. We must place on record our appreciation of the fact that the State Government could see the necessity for ensuring the selection of the most equipped and suitable, for discharging duties as Judicial Officers and the need to eliminate any possible deviation in the process of selection. We think that in the light of the suggestions of the Government and the submissions of the learned Advocate General supported by the submission of Mr. Mohanty, learned Senior Counsel, who appeared for some of the petitioners, it would be sufficient to direct that the primacy in the matter of selection will rest with the High Court and it would be the duty of the High Court to get the question papers set and the examiners selected, and it would be the duty of the Public Service Commission to complete the procedural requirements like calling for applications, scrutinising them and actually holding the written examinations as was being done hitherto. As noted, after the written examinations, the papers are to be valued at the instance of the High Court through examiners chosen by the High Court, and a list of candidates to be called for the viva voce test is to be preparedly by the Public Service Commission based on the mark-list furnished by the High Court. Thereafter, those who are invited for the viva voce test are to be examined by the Committee which is to consist of two sitting Judges of the High Court to be nominated by the Chief Justice and by the Chairman of the Orissa Public Service Commission or his nominee.
7. The learned Advocate General submitted that whatever amendments needed to be made in the Orissa Judicial Service Rules, 1994 in compliance with the above directions of this Court, will be made by the State and the next recruitment can proceed on the basis of such directions and the amendments to the Rules to be brought about. We record that submission and direct the State to take steps to amend the Orissa Judicial Service Rules, 1994, as amended by S.R.O. No. 328/98 dated 14.7.1998 to make it consistent with the directions issued above.
8. We do not think it necessary or proper to interfere with the selection process already undertaken and hence, we do not think it necessary to grant any relief to the petitioners regarding the challenge to that selection. Nor do we feel it necessary to strike down the Orissa Judicial Service Rules, 1994, as prayed for in O.J.C. No. 6210 of 2001. As soon as the necessary amendment is notified as indicated above, a fresh advertisement for recruitment to the Orissa Judicial Service, Class II will be issued by the Orissa Public Service Commission and the entire process for selection completed as early as possible, in view of the large number of vacancies remaining unfilled.
9. The writ petitions are allowed to the above extent and in the above manner.