IMPORTANT POINT
The process of zonewise selection on the basis of separate merit list drawn for each zone in respect of candidates who appeared at the centres within the same zone is violative of Articles 14 and 16 of the Constitution of India.

Headnote:SERVICE LAW-Appointments-Recruitment to Non-Technical Class III posts in departments of Government of India-Recruitment made zonewise on basis of separate merit list drawn for each zone in respect of candidates who appeared at centres within same zone-Held as unreasonable violative of Articles 14 and 16 of Constitution-Said process of Zone-wise selection would result in devaluation of merit at selection examination-Consequently rule of equal chance for equal marks would be violated.
Held that the purpose and object behind holding a recruitment examination is to select suitable and best candidates out of the lot and such an object can only be achieved by making a common select list of the successful candidates belonging to all the zones. On the other hand if zone-wise selection is made then various candidates who appeared in some of the zones and secured more marks than those who are selected from other zones would be deprived of their selection resulting into great injustice and consequent discrimination. Thus there can be said to exist no nexus between the aforesaid process of zone-wise selection and the object to be achieved, that is, the selection of the best candidates. That being so the process of selection as envisaged in paragraph 16 of the advertisement in question and reproduced in the earlier part of this judgment would lead to discriminatory results because by adopting the said process of zone-wise selection would result in the devaluation of merit at the selection examination by selecting a candidate having lesser marks over the meritorious candidate who has secured more marks and consequently the rule of equal chance for equal marks would be violated. Such a process would not only be against the principles enunciated in Articles 14 and 16 of the Constitution but it would also result in heart burning and frustration amongst the young men of the country. The rule of equality of opportunity for every individual in the country is an inalienable part of our constitutional guarantee and that being so a candidate who secures more marks than another is definitely entitled to get preference for the job as the merit must be the test when selecting a candidate for recruitment for the posts which are advertised. In the present case admittedly the process of selection as envisaged in paragraph 16 of the advertisement in question is violative of Articles 14 and 16 of the Constitution of India as it has been demonstrated from the marks list of the appellants placed before us at the Bar during the course of arguments that they had secured more marks than those secured by some of the selected candidates. (Para 8)

JUDGMENT

Faizan Uddin, J.-This Civil Appeal has been directed against the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal) in O.A. No. 322/1995 dismissing the appellants application at the admission stage challenging the selection process of various posts in pursuance of an advertisement by the Staff Selection Commission published in Employment News of 10-16th July, 1993 and the select list prepared and published in pursuance thereto, while Civil Appeal No. 5112/1995 has been preferred by the appellants of the said appeal against the order dated 7th March, 1995 passed by the aforesaid Tribunal in O.A. No. 438/1995 dismissing the application at the admission stage challenging the said selection process and the select list as aforesaid. In the writ petitions also referred to above filed under Article 32 of the Constitution, the same selection process and select list has been challenged by the petitioners of the said writ petitions.

2. On the recommendations of the Administrative Reforms Commission the Government of India (Department of Personnel and Administration Reforms) passed a resolution on November 4, 1975 whereby a "Subordinate Services Commission" was constituted for the purposes of recruitment to Non-Technical Class III posts in the departments of the Government of India and in the subordinate offices. In the aforesaid Government resolution, the functions of the Subordinate Services Commission constituted by the Government are stated in para 3 thereof, the relevant part of which reads as under :

"The Subordinate Services Commission will make recruitment to non-technical Class III posts in the departments of the Govt. of India and in the subordinate offices except those posts for which recruitment is made by the Railway Service Commission Staff in the offices of the Comptroller and Auditor General and the Accountants General and industrial establishments. The Commission will among other things conduct terminations whenever required for recruitment to the posts within their purview and for ensuring that as far as possible the actual recruitment is made on a zonal basis so as to enable candidates from different regions to be absorbed in the vacancies, arising within the respective regions, the examinations would be held as far as possible on different centres and successful candidates posted, to the extent possible to their home states/regions."

(emphasis supplied)

The said Subordinate Service Commission (hereinafter referred to as Commission) published an advertisement on 10-16th July, 1993 in the Employment News inviting applications for the selection of candidates to the posts of (I) Preventive Officers, (II) Examiner, (III) Inspector of Central Excise, (IV) Inspector of Income-tax, (V) Assistant Enforcement Officers in the Directorate of Enforcement and (VI) Gr. II of Delhi Administration Subordinate Services. The number of vacancies was, however, not stated as the firm number of vacancies had not been determined and the reservation of SC/ST, Ex/servicemen and the physically handicapped persons was to be taken into account as per position reported in each department for each category of posts.

3. According to the said advertisement the recruitment was to be made zonewise on the basis of separate merit list drawn for each zone in respect of candidates who appeared at the centres within the same zone. The relevant portion of the said advertisement which relates to the zone-wise process of selection of candidates for the said posts as stated in paragraph No. 16 of the advertisement for ready reference is reproduced hereunder :-

"16. Selection of candidates (a) After the examination, the Commission will draw up a separate list in different categories of posts in respect of each of the zones mentioned in column 2 of the Table in para 13 above, in the order of merit as disclosed by the aggregate marks (written tes

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1996 Supreme(SC) 2105

IMPORTANT POINTThe process of zonewise selection on the basis of separate merit list drawn for each zone in respect of candidates who appeared at the centres within the same zone is violative of Articles 14 and 16 of the Constitution of India.

Cases Referred (4)

IMPORTANT POINT
The process of zonewise selection on the basis of separate merit list drawn for each zone in respect of candidates who appeared at the centres within the same zone is violative of Articles 14 and 16 of the Constitution of India.