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A Regional Engineering College has been set up at Srinagar in the State of Jammu and Kashmir. Third respondent, Principal of the College by a public advertisement dated March 13, 1982 invited applications for admission to the Bachelor Degree Engineering Course for 1982-83 session not only in the Regional Engineering College, Srinagar but also in eleven Regional Engineering Colleges set up in different States. Candidates seeking admission had to fulfill the following requirements. They were required to appear at (i) a joint entrance examination in four papers viz. Physics, Chemistry, Mathematics and English; (ii) candidates who qualify in the written test had to appear at a viva-voce test; (iii) the selections were to be based on the combined performance in the written and viva-voce examination ; and (iv) the seats reserved for specified categories were also shown. Pursuant to this advertisement, the petitioners applied and were admitted to the written test and on being found qualified, they were called for viva-voce test. The challenge is to the manner, the method and the number of marks assigned for the viva- voce test. Broadly stated, the allegations were that reservation of 15 marks for viva-voce test conferred arbitrary, unguided and uncannalised power on those conducting the viva-voce test and that reservation of 15 marks for viva-voce test would have the pernicious tendency of affecting the merit disclosed by the marks obtained at written examination. There were other allegations which do not merit examination.

On rule nisi being issued, respondents Nos. 1 to 3 appeared and one Dr. O.N. Koul, Head of the Mechanical Engineering Department (Coordinator Admissions for session 1982-83), Regional Engineering College, Srinagar filed an affidavit in opposition on behalf of the Principal of the College. After pointing out that 85 marks were assigned for written examination and 15 for viva-voce test, it was further pointed out that in order to avoid any charge of arbitrariness being levelled against the Selection Committee 15 marks assigned for viva-voce test were further split-up under four heads, namely, (i) Science-5 marks (ii) General knowledge-4 marks (iii) Curricular Activities-3 marks and

There was no challenge to the written test and 85 marks assigned for the written test. In Ajay Hassa etc. v Khalid Mujib Sehravardi & Ors. etc. (1) wherein admission to this very Regional Engineering College for the year 1979-80 was challenged, this Court observed that `there can be no doubt that, having regard to the drawbacks and deficiencies in the oral interview test and the conditions prevailing in the country, particularly when there is deterioration in moral values and corruption and nepotism are very much on the increase, allocation of a high percentage of marks for the oral interview as compared to the marks allocated for the written test, cannot be accepted by the court as free from the vice of arbitrariness. The Court concluded by observing that in the existing circumstances, allocation of more than 15% of the total marks for the oral interview would be arbitrary and unreasonable and would be liable to be struck down as constitutionally invalid.

The respondents took one from these observations of the Court and reduced the marks assigned for viva-voce test to

15. Not only that but some of the drawbacks and deficiencies pointed out by this Court in the manner of holding of oral interview and the marks assigned at it, the respondents split-up the marks under four heads and atleast in respect of three, there is direct evidence as recorded on the tape to show how the candidate has faired. And as for the dreaded personality test, the marks assigned are 3 only. Not a single case was pointed out to us in the course of the hearing in which the candidate otherwise being eligible for admission on merit, lost the same because of inability to get some marks under the personality test, the maximum being 3 only. It is to the credit of respondents Nos 1 to 3, how they in order to avoid any charge of arbitrariness reduced the marks assigned to viva-voce test, split them up under different heads and even in respect of questions to be put at the viva-voce test prepared the questions in advance, kept them ready in boxes and the candidate had to pick-up his own question and answer it. The record of the answer is maintained in candidates own voice. We must record our appreciation that respondents Nos. 1 to 3 have practically set at naught drawbacks and deficiencies in oral interview as pointed out by this Court. The viva-voce test conducted must be held to be fair, free from the charge of arbitrariness, reasonable and just.