VIKRAM SINGH AND ANR. versus SUBORDINATE SERVICES SELECTION BOARD, HARYANA AND ORS.

VIKRAM SINGH AND ANR. versus SUBORDINATE SERVICES SELECTION BOARD, HARYANA AND ORS.

The principle and ratio of Ashok Kumar Yadav's case (viva voce marks not exceeding 12.2% of total) apply to selections made by the Subordinate Services Selection Board. Prescribing 100 marks (28.5%) for viva voce was arbitrary and in clear violation of this principle. The appellants, selected on correct application of law with 12.2% viva voce marks, ought to have been appointed. Second interview applying 28.5% viva voce marks was illegal.

Parties
Appellant: Vikram Singh; Appellant: Nawab Singh; Respondent: Subordinate Services Selection Board, Haryana; Respondent: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
15 November 1990
Procedural Posture
Civil Appeal / Supreme Court Heard on Appeal From Punjab & Haryana High Court Judgment Dated 3.6.1988 in Civil W.p. No. 4861 of 1986
Outcome
Appeal allowed
Legal Topics
Selection for Public Service, Viva Voce Test, Arbitrariness in Recruitment Rules
Administrative Law Civil Services Constitutional Law Selection for Public Service Viva Voce Test Arbitrariness in Recruitment Rules

Case Brief

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Parties

Vikram Singh

Appellant

Nawab Singh

Appellant

Subordinate Services Selection Board, Haryana

Respondent

State of Haryana and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Heard on Appeal From Punjab & Haryana High Court Judgment Dated 3.6.1988 in Civil W.p. No. 4861 of 1986

Legal Issues

  1. 1 Whether prescribing 100 marks (28.5% of total marks) for viva voce in Haryana Excise and Taxation Inspectorate (State Service, Class III) Rules, 1969 is arbitrary and unconstitutional.
  2. 2 Whether the principle and ratio in Ashok Kumar Yadav v. State of Haryana applies to selection by Subordinate Services Selection Board.

Ratio Decidendi

The principle and ratio of Ashok Kumar Yadav's case (viva voce marks not exceeding 12.2% of total) apply to selections made by the Subordinate Services Selection Board. Prescribing 100 marks (28.5%) for viva voce was arbitrary and in clear violation of this principle. The appellants, selected on correct application of law with 12.2% viva voce marks, ought to have been appointed. Second interview applying 28.5% viva voce marks was illegal.

Court Disposition

Appeal allowed

Orders

  • Order of the Punjab & Haryana High Court set aside.
  • Respondents directed to appoint Vikram Singh and Nawab Singh as Excise Inspectors within one month if found otherwise suitable.