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The recommendation of the Selection Committee was approved by the competent authority, i.e., the Union Minister for Agriculture. The respondent was accordingly intimated of his non-promotion as a Principal Scientist on 14.8.2001.

9. The respondent made representations to the appellant Institute for review of the decision of not promoting him, but, when the respondent did not get any relief from the appellant  institute, he filed a case (original application) before the Central Administrative Tribunal, Madras Bench. The Tribunal clearly held that the ICAR had acted in an arbitrary manner to allocate 50% marks for a personal interview and on this ground alone the non-selection of the applicant ought to be set aside.

22. Mr. Chaturvedi also submitted that the interview Board consisted of academicians and they were justified in formulating the criteria which should not be disturbed by the court. He submitted that according to the Career Advancement Scheme, the promotion to the post of Principal Scientist is not dependant merely on completion of 8 years of service. He placed reliance on the judgment of this court in K.A. Nagamani v. Indian Airlines and Others (2009) 5 SCC 515 to strengthen his submission. According to him, for the post of Upper Managerial cadre, allocation of 50% marks for interview cannot be termed as arbitrary. In this case, 25% marks were kept for viva voce which were not found to be excessive. This case has no application to the facts of the instant case because in the instant case, 50% marks have been kept for interview. This case does not support the case of the appellants in any manner.

23. Learned counsel for the appellants also placed reliance on the judgment of this court in Kiran Gupta and Others v.

State of U.P. and Others (2000) 7 SCC 719. In this case, this court has taken the view that it is difficult to accept the omnibus contention that selection on the basis of viva voce only was arbitrary and illegal since allocation of 15% marks for the interview was not held to be arbitrary by this court, this case also provides no assistance to the appellants because in the instant case 50% marks have been kept for the interview.

26. He also contended that allocation of 50% marks for interview out of a total of 100 marks was highly excessive, hence arbitrary. He submitted the allocation of 50% marks for interview is clearly contrary to a large number of judgments of this court.

27. Mr. Mridul further contended that the respondent was considered for selection to the post of Principal Scientist on the basis of his work and performance from 1985 to 1998.