Umesh Chandra Shukla Etc. Etc vs Union Of India & Ors on 2 August, 1985
14) We may mention at the outset that the High Court is right to the extent
that the appointments are to be made in terms of stipulations contained in the
advertisement. Though, such terms can be changed, but that has to be done in
terms of statutory Rules. Insofar as advertisement is concerned, there was no
mention of securing minimum qualifying marks in the viva voce test. The High
2 Umesh Chandra Shukla v. Union of India & Ors., (1985) 3 SCC 721; A.A. Calton v.
Director of Education & Anr., (1983) 3 SCC 33; K. Manjusree v. State of Andhra Pradesh & Anr.,
(2008) 3 SCC 512; State of Bihar & Ors. v. Mithilesh Kumar, (2010) 13 SCC 467 and Arunachal
Pradesh Public Service Commission & Anr. v. Tage Habung & Ors., (2013) 7 SCC 737.
11
Court is also right in pointing out that Rule 6 of the Rules does not contains any
provision of securing minimum qualifying marks in the interview. At the same
time, it stipulates qualifying aggregate marks in written examination and viva
voce, as 40% for general category, 35% for backward category and 30% for
SC/ST category in the written examination. This requirement of securing
minimum qualifying marks in the written examination was fulfilled by the
respondents.