PRAVEEN SINGH versus STATE OF PUNJAB AND ORS.

PRAVEEN SINGH versus STATE OF PUNJAB AND ORS.

Selection solely on the basis of viva voce marks, ignoring written test marks, is arbitrary and unreasonable given the express scheme of examination and the rules prescribing marks and qualifying criteria for both written and viva voce tests; both must be considered in determining merit.

Parties
Appellant: Praveen Singh; Respondents: State of Punjab and Ors.; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
10 November 2000
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 20.02.96 of the Punjab and Haryana High Court in C.w.p. No. 11538 of 1995
Outcome
Appeal allowed; order of High Court set aside; appointments set aside; Public Service Commission directed to reconsider selection process with due reliance on both written and viva voce test; existing appointments to continue subject to further results.
Legal Topics
Selection, Competitive Examination, Written Test, Viva Voce, Fairness in Appointments, Arbitrariness
Service Law Selection Competitive Examination Written Test Viva Voce Fairness in Appointments Arbitrariness

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Parties

Praveen Singh

Appellant

State of Punjab and Ors.

Respondents

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 20.02.96 of the Punjab and Haryana High Court in C.w.p. No. 11538 of 1995

Legal Issues

  1. 1 Whether the selection for Block Development and Panchayat Officers can be made solely on the basis of viva voce marks, ignoring written test marks
  2. 2 Whether the Public Service Commission's selection procedure is arbitrary and unreasonable

Ratio Decidendi

Selection solely on the basis of viva voce marks, ignoring written test marks, is arbitrary and unreasonable given the express scheme of examination and the rules prescribing marks and qualifying criteria for both written and viva voce tests; both must be considered in determining merit.

Court Disposition

Appeal allowed; order of High Court set aside; appointments set aside; Public Service Commission directed to reconsider selection process with due reliance on both written and viva voce test; existing appointments to continue subject to further results.

Orders

  • Public Service Commission to complete selection process in terms of existing rules within three months.
  • Both written test and viva voce test to be taken into consideration for appointments.