Minimum marks in interview
shubham
(Querist) 29 November 2013
This query is : Resolved
kindly tell me if there is any recent ruling(decision)by Supreme court of india about the minimum marks to be granted by interview panel in interview, to the candidate should be 50% of the total alloted marks in any govt. sector/public sector jobs?? kindly provide me with the ruling copy / link.....thanks
ajay sethi
(Expert) 29 November 2013
P.K. Ramachandra Iyer v. Union of India
MANU/SC/0395/1983 : (1984)ILLJ314SC , Umesh Chandra Shukla v. Union of India
MANU/SC/0050/1985 : AIR1985SC1351 , and Durgacharan Misra v. State of Orissa
MANU/SC/0627/1987 : [1987]3SCR1097 .
25. In Ramachandra Iyer (supra), this Court was considering the validity of a selection
process under the ICAR Rules, 1977 which provided for minimum marks only in the
written examination and did not envisage obtaining minimum marks in the interview. But
the Recruitment Board (ASRB) prescribed a further qualification of obtaining minimum
marks in the interview also. This Court observed that the power to prescribe minimum
marks in the interview should be explicit and cannot be read by implication for the
obvious reason that such deviation from the rules is likely to cause irreparable and
irreversible harm. This Court held that as there was no power under the rules for the
Selection Board to prescribed the additional qualification of securing minimum marks in
the interview, the restriction was impermissible and had a direct impact on the merit list
because the merit list was to be prepared according to the aggregate marks obtained by
the candidates at written test and interview.
ajay sethi
(Expert) 29 November 2013
In Durgacharan Misra (supra), this Court was considering the selection under the
Orissa Service Rules which did not prescribe any minimum qualifying marks to be
secured in viva voce for selection of Munsifs. The rules merely required that after the
12viva voce test the State Public Service Commission shall add the marks of the viva voce
test to the marks in the written test. But the State Public Service Commission which was
the selecting authority prescribed minimum qualifying marks for the viva voce test also.
This Court held that the Commission had no power to prescribe the minimum standard
at viva voce test for determining the suitability of candidates for appointment of Munsifs.
28. In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao Mandve
MANU/SC/0737/2001 : (2002)ILLJ819SC , this Court observed that "the rules of the
game, meaning thereby, that the criteria for selection cannot be altered by the
authorities concerned in the middle or after the process of selection has commenced.
Devajyoti Barman
(Expert) 29 November 2013
The decision is hardly followed as in WB direct District Judge recruitment from advocates the interview panel of senior High Court Judges give as low as 10 marks in interview.
