10. The observations made by the learned Judges in Lila Dhar's
case(supra) was referred to by the Supreme Court in a Four Judges Bench
decision reported in Ashok Kumar Yadav & Others v. State of Haryana &
others (1985 KHC 737).
The above case related to the selection of
candidates to the Punjab Civil Services (Executive Branch Rules
Examination).The learned counsel further referred to the decision reported in
WPC No.17180/2019 10Ramjit Singh Kardam & others v. Sanjeev Kumar & others (2020 KHC
6322) in which the question of selection to the post of physical training inspector
under the Haryana School Education (Group C)State Cadre, Civil Service
Rules was under challenge.
To further support the contention of the petitioner, the
learned counsel referred to the decision reported in Tania Malik v. Registrar
General of High Court of Delhi (2018 14 SCC 129). It related to the
recruitment of the District Judges. In that decision, referring to the significance
of viva voce in matters of recruitment to the post of District & Sessions Judges ,
the Supreme Court referred to the earlier decisions and held that it was now
well recognized that while a written examination assesses the candidates'
knowledge and intellectual ability, interview test is valuable tests of candidate's
overall intellectual and personal qualities. It was considered that interview was
the main factum for judging the suitability of the candidate for an appointment
of District Judge in the higher judiciary.
13. The learned counsel relying on Bhavnagar University v. Palitana
Sugar Mill (P) Ltd.(2003) 2 SCC 111) contended that the decision relied on
by the petitioner was peculiar to the facts of that case and cannot be drawn to
apply in dissimilar facts. In the earlier cases, the question of relevance of viva
voce was considered in the background that whether it should have more
predominance over the marks obtained in written examination and not as a
WPC No.17180/2019 12
component for time breaking.
14. The learned counsel for the 3 rd respondent supported the contention
of the learned counsel for the second respondent and relied on the decision
reported in J.P. Kulshrestha v. Chancellor Allahabad University (Laws
(SC) 1980 439). It was held that any administrative or quasi judicial body
clothed with powers and left unfettered by procedure was free to devise its own
pragmatic, flexible and functionaly violable process of transacting business,
subject to the basic of natural justice, fair play in action, reasonableness in
collecting decision, materials, avoidance of arbitrariness and extraneous
considerations and otherwise keeping with him the leading strings of law. It
was also held that what we must remove was the blind veneration of marks of
examination as the main measure of merit.