ASHOK KUMAR YADAV AND ORS. ETC. ETC. versus STATE OF HARYANA AND ORS. ETC. ETC.

ASHOK KUMAR YADAV AND ORS. ETC. ETC. versus STATE OF HARYANA AND ORS. ETC. ETC.

Selections made by Haryana Public Service Commission were not vitiated by alleged lack of integrity, nepotism, or bias as no evidence supported High Court's condemnatory findings; excessive marks allocation for viva voce was arbitrary but does not justify setting aside selections due to passage of time and administrative consequences. New guidelines imposed prospectively to limit marks for viva voce to 12.2% (general) and 25% (ex-service).

Parties
Appellants: Ashok Kumar Yadav and others; Respondents: State of Haryana and others
Jurisdiction
India
Judgment Date
10 May 1985
Procedural Posture
Civil Appeals / Final Judgment
Outcome
Appeals allowed; High Court judgment set aside; validity of candidates' selections upheld; direction to give unsuccessful candidates who scored at least 45% in written another opportunity in next competitive examination; no order as to costs.
Legal Topics
Public Service Commission, Recruitment, Natural Justice, Viva Voce Examination, Selection Process, Bias, Allocation of Marks, Guidelines
Constitutional Law Administrative Law Public Employment Public Service Commission Recruitment Natural Justice Viva Voce Examination Selection Process +3 more

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Parties

Ashok Kumar Yadav and others

Appellants

State of Haryana and others

Respondents

Procedural Posture

Civil Appeals / Final Judgment

Legal Issues

  1. 1 Whether the Haryana Public Service Commission's selections to Civil Service posts were vitiated by lack of integrity, arbitrariness, nepotism, improper allocation of viva voce marks, and violation of natural justice
  2. 2 Whether High Court was justified in condemning Chairman/Members of Commission without factual basis or making them parties
  3. 3 Propriety of allocation of marks for viva voce examination

Ratio Decidendi

Selections made by Haryana Public Service Commission were not vitiated by alleged lack of integrity, nepotism, or bias as no evidence supported High Court's condemnatory findings; excessive marks allocation for viva voce was arbitrary but does not justify setting aside selections due to passage of time and administrative consequences. New guidelines imposed prospectively to limit marks for viva voce to 12.2% (general) and 25% (ex-service).

Court Disposition

Appeals allowed; High Court judgment set aside; validity of candidates' selections upheld; direction to give unsuccessful candidates who scored at least 45% in written another opportunity in next competitive examination; no order as to costs.

Orders

  • Selections made by Haryana Public Service Commission upheld.
  • Direction that future competitive examinations follow guideline for marks allocation: not more than 12.2% for general category, 25% for ex-servicemen for viva voce.