Barot Vijaykumar Balakrishna & Ors vs Modh Vinaykumar Dasrathlal & Ors on 5 July, 2011
5. Mr. Bose has also placed reliance on a decision of the
Hon'ble Supreme Court of India reported in (2011) 7
SCC 308 (Barot Vijaykumar Balakrishna & Ors. Vs. Modh.
Vinaykumar Dasrathlal & Ors.) to buttress his point that
in a similar matter where the cut off mark in a viva voce
was not specified in advertisement, the right course of
action would be to fix the cut off mark and notify the
candidates called for the interview. This case is
distinguishable on facts since in that particular case
there was a specific rule that the cut off marks have to be
framed and advertised, which is not so in the present
case. Cut off marks had been fixed and had a basis,
which is pari materia with the pass marks in the West
Bengal Board of Secondary Education (25 out of 100).
Thus, the same parameter has been fixed herein (2.5 out
of 10). Thus, the petitioner cannot and indeed does not
challenge the cut off marks as fixed. There is absolutely
no anomaly in fixing the cut off marks and the alleged
non-disclosure of the same cannot be a ground to set
aside the entire process, which has already come to an
end.