IMPORTANT POINT
For allocation of marks for viva voce test no hard and fast rule of universal application which would meet the requirements of all cases can be laid down, however, when allocation of such mark is made with an intention which is capable of being abused or misused in its exercise, it is liable to be struck down as ultra vires Article 14 of the Constitution of India.

JUDGMENT

S.B. Sinha, J.-

INTRODUCTION :

These six appeals involving common questions of law and fact were taken up for hearing and are being disposed of by this common judgment.

BACKGROUND FACTS :

2. Under the Health Ministry of the State of Jammu and Kashmir there are two different departments, medical health and medical education. The employees working in those departments are borne on separate cadres. The Respondents 3 to 10 before the High Court were appointed as ad hoc lecturers in medicine in the medical education department by the State of Jammu and Kashmir. No recommendation of the Jammu and Kashmir Public Service Commission was obtained therefor. The said ad hoc appointments were set aside by this court in Jammu and Kashmir Public Service Commission Vs. Dr. Narender Mohan & Ors. reported in 1994 (2) SCC 630 wherein the State was directed to refer the vacancies to the Commission and make appointments in terms of the recommendations made by it in that behalf. Pursuant thereto and in furtherance thereof, an advertisement was issued by the Commission for some posts of Lecturers on or about 8.3.1994 in the Health and Medical education department. The educational qualification prescribed therefor was "M.D. (Medical/general medical) MCRF, FRCP. Speciality Board of Internal Medical (USA) or an equivalent qualification in the subject with experience as Registrar/Tutor/Demonstrator/Tutor or Senior Resident for a period of two years in the discipline of Medicine, in a teaching medical institution recognised by the Medical Council of India. The notification issued by the Public Service Commission further stipulated that the candidates who possessed any experience in the Line, any distinction in sports/games, NCC activities should furnish certificate, along with the application, to that effect.

3. It is not in dispute that the appointment in the posts of Lecturers was governed by a statutory rule called Jammu & Kashmir Medical (Gazetted) Service Recruitment Rules, 1979 (for short, 1979 Rules; Rule 8 whereof reads thus :-

"8. Method of recruitment : While making selections,-

(1) to the posts in the teaching wing of the service, the Commission/Department Promotion Committee shall have regard to the following, namely, -

(a) Academic qualifications of the candidates;

(b) Teaching experience;

(c) Research experience; and

(d) Previous record of work, if any."

4. The Public Service Commission, however, framed a rule in the year 1980, known as Jammu & Kashmir Public Service Commission (Business & Procedure) Rules, 1980 (for short, 1980 Rules) although there did not exist any provision therefor. Rule 51 of 1980 Rules is as under :-

"Rule 51. The assessment at an interview shall be based on the following principles :-

A. Performance of the candidate in the viva voce test

.... 100 Marks

B. Academic Merit -

(i) Percentage of marks obtained in the basic (i.e., minimum qualification prescribed for the post

 .... 25 Marks

(ii) Higher qualification than the basic (minimum) prescribed for the post such as Diploma or Degree in the concerned Speciality/Superspeciality/Subject/Discipline-

(a) Diploma-2 Marks] subject to

(b) Degree - 5 Marks] a maximum of] 5 marks

C. Experience acquired by the candidate in the concerned Speciality/Superspeciality/Subject/Discipline

(i) exceeding 1 year

but not 2 years ... 2 marks

(ii) for excess

2 years - for every full year 1 mark subject to a total of 5 marks including those under (i)

D. Sports/Game :

Distinction in sports/games (i.e., representing a University, State or Region in any Sports/Games.

...3 Marks

E. Distinction in NCC activities (i.e., having held the rank of Junior Under Officer or S