zone of consideration
in violation of the Rules.
e) Arbitrary awarding of marks in the Personality Tests/Interviews
which would be evident from identical marks ... such change to the Rules.
31
Contention No.5: Arbitrary awarding of marks to candidates in the
Personality Test/Interview which would be evident from
trade mark sense by defendant No.2 in the mark
'ZYVAC-TCV'. The defendant's mark 'ZYVAC ... mark is 'ZYVAC'. It is
settled law that while comparing trade marks, the competing marks
should be considered as a whole (Ref:- Kaviraj
Service (Judicial Branch). Allocation of 200 marks for
viva-voce against the written examination of 900 marks is arbitrary,
unjustified, violative of the recommendations made ... respondent No.2 has argued that allocation of 200 marks against 900 marks is
not arbitrary and unreasonable and violative of Article
trade mark UFO (word per se) registered in
CS(COMM) 375/2020 Page 1/24
India vide trade mark registration No. 388739 dated April ... According to Mr. Singh, the
trade mark UFO is an arbitrary mark, which was adopted by the
plaintiff in the year 1968 and has been
marks under different heads, the
interview process was rendered arbitrary and the
marks were allotted unguided by any criteria.
4.2 Respondent No.1 - GPSC filed ... divide the marks and in
absence of sub-division of marks, the selection for
the post of Principal was not rendered arbitrary. In
yet another
amounts due in foreign
currency.
5.3 On further applying an arbitrary mark-up of 200 Basis Points / 300
basis points on the said rate based ... amounts due in foreign
currency.
6.3 On further applying an arbitrary mark-up of 200 Basis Points on the
said rate based on conjectures
marks allocated for oral interview are
250 as against 1800 marks for the written
examination, constituting only 12.2% of the total
marks taken into consideration ... arbitrariness and in order to
diminish, if not eliminate, the risk of arbitrariness,
the percentage needs to be reduced. ... ...
... .... .. But in any event, the marks
petitioners secured the following marks and ranks
respectively:
P.T.Marks Interview Total Rank
Marks
Petitioner 26.27 17.5 43.77 87
No.1
Dayaben
Desai
Petitioner ... interview, allocation of more
than 15% of the total marks for interview would be
arbitrary and unreasonable and would be liable to be
struck down
marks allocated for the oral interview were very
much on the higher side as compared with the marks allocated for the
written test. The marks ... where 75 marks out of a total of 275 marks were allocated for
the oral interview, this Court observed that the marks allocated for
interview
students of Class VI
onwards into Sections on the basis of marks is arbitrary,
discriminatory and violative of child rights?
(b) Whether order dated ... students of
Class VI onwards into Sections on the basis of marks is arbitrary,
discriminatory and violative of child rights?
13. By virtue of Article
