Siya Ram, Appellant v. Union of India and others, Respondents

Mrs. SUJATA V. MANOHAR AND D.P. WADHWA, JJ.

Constitution of India, Article 16 - Recruitment to a Selection test - Allocation of marks ... Selection made on basis of viva voce test - Cannot be assailed on grounds that excessive marks were allocated to viva voce test.

... The Rules regarding selection permitted only oral test in the form of viva-voce and no written examination was held and result merely on the basis of viva-voce could not be reasonably fair and was liable to lead to arbitrariness and that out of 100 marks 50 were allotted for professional ability without prescribing any norms ...

Apart from the objection that excessive marks had been allocated for viva voce, the appellant has been unable to point out any illegality or irregularity in the selection process ... It is not for this Court to suggest as to what marks should be allocated for interview in a case like the present one. As noted above, at times for certain posts only interview is considered to be the best method for selection ..                                       (Source: AIR 1998 Supreme Court 1470)