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As regards judgment of Apex Court, on which Counsel for petitioner has placed reliance in State of Punjab Vs. Manjit Singh (2003(11) SCC 559), it was a case where the Commission while taking decision to hold screening test fixed minimum qualifying/cut off marks for general category & reserved category but there was no provision under Rules for the Commission to take such decision for fixing minimum cut off marks; and when a number of candidates in terms of the ratio fixed did not qualify with minimum cut off marks, they were not called for interview and at this stage it was observed by Apex Court that to the extent, candidates are required to be called for interview in the ratio decided by the Commission, persons with whatever percentage above or below fixed would be eligible to be called for further test and no cut off marks could have been fixed in the absence of any rule to this effect, and accordingly it was held that merely applicants did not qualify with minimum cut off marks fixed by the Commission for screening test, they cannot be held to be ineligible in participation of process of selection since over-all suitability could be adjudged by interview.

The cited judgment (supra) is of no assistance to the petitioners for the reason that in instant case, the Commission took decision to call the candidates in the ratio of 1:2 and the petitioners were not declared eligible for participation and no minimum qualifying cut off marks were fixed and the petitioners were not permitted to participate in the process not for the reason that they have not been able to achieve minimum cut off marks in the screening test but since they did not fall within the ratio of 1:2 as per decision of the Full Commission dt.22/12/2010, and in fact, the process adopted by the Commission in the instant case is in conformity with the law laid down by Apex Court (supra).