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Minimum qualifying marks in interview

(Querist) 15 November 2012 This query is : Resolved 
Selection on group 2 post in an advertisement was made on basis of interview.Marks distribution for preparing merit list are-
Academic/experience weight age 125 marks
Interview 25 marks
------------
Total 150 marks
Government notification provides for 40 percent minimum qualifying marks in interview for selection.
Now question arises weather qualifying marks procedure should be adopted on total marks or only interview(viva-voice) of 25 marks.
Commission adopt for qualifying marks on total 150 marks and in my view commission should adopt the qualifying creteria on interview of 25 marks as academic/expereice marks only meant for preparing merit list after qualifying in interview..
Kindly suggest its legal validity..
ajay sethi (Expert) 15 November 2012
total marks obtained by candidate are considered for appointment . it is necessary to go through the advertisment and govt notifcation to decide whether you have a case . contact a local lawyer
R.K Nanda (Expert) 15 November 2012
take help of local lawyer.
Guest (Expert) 15 November 2012
Dear Mr. Singh,

It is not clear as to whether you are asking the question as a selector or in any other capacity. However, I feel that you are reading the recruitment rules between the lines. No recruitment rule is so unclear, as you have assumed.

Merit is not based merely on academic qualification and experience. Merit in selection is based on aggregate marks, including interview marks, obtained by the candidates out of which the candidate, even if having earned total 125 marks, must also obtain minimum of 40% marks in interview to qualify for the post. Otherwise he would not be made part of the select list.

In other words, merit would be based on qualification/experience + interview marks (subject to minimum 40%).

So commission's criteria for selection/merit on the basis of 150 marks is correct.
Raj Kumar Makkad (Expert) 15 November 2012
So far as qualifying marks for interview are concerned, those cannot be 40% of total marks of 150 because 40% of 150 means 60 marks which are more than double marks of 25 meant and fixed for interview.

The procedure being adopted by department can very well be got challenged in the given facts before High court.
Sudhir Kumar, Advocate (Expert) 19 November 2012
you have also not mentioned who the employer is . whether govt or private.
V R SHROFF (Expert) 19 November 2012
Private firm not bound with any rules.
Raj Kumar Makkad (Expert) 21 November 2012
Rules are for every one and there is also mechanism to govern those rules but you should be specific about your case.


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