Manish Gupta vs Uti Infrastructure Technology And ... on 5 September, 2022
Efforts
have been made to limit the scope of arbitrariness in the former by
narrowing down the proportion as various factors are likely to creep in, but
the same standard cannot be applied for higher selections and this is clearly
brought out in Lila Dhar case [Lila Dhar v. State of Rajasthan, (1981) 4
SCC 159 : 1981 SCC (L&S) 588] . It is, therefore, clear that this Court was
also of the view that no hard and fast rule can be laid down in these matters
because much would depend on the level of the post and the nature of the
performance expected from the incumbent. In that case the method of
evaluation was based 50 per cent on ACRs and 50 per cent on interviews
and this Court upheld the said method notwithstanding the fact that the
weightage for interview performance was as high as 50 per cent. We are,
therefore, of the view that the contention that because in the instant case the
weightage for the viva voce test is 40 per cent, it is per se excessive and
hence arbitrary, cannot be accepted.‖