JUDGMENT

KASLIWAL, J.:— This appeal by grant of special leave is directed against the Judgment of the High Court of Punjab and Haryana dated 3rd June, 1988 (reported in AIR 1988 Punj and Har 298) (FB). The Subordinate Services Selection Board, Haryana by an advertisement dated 7th August, 1985 invited applications for the posts of Excise Inspectors in the Excise and Taxation Department. Originally the number of posts was 11 but was subsequently raised to 15. These posts of Excise Inspectors are governed by the Haryana Excise and Taxation Inspectorate (State Service, Class III) Rules, 1969 (hereinafter referred to as the Rules). It was further provided in the Rules that no candidate shall be deemed to have qualified for viva voce unless he obtains a minimum of 33% marks in each paper and 40% in aggregate. There was, however, no minimum marks for the viva voce. The total marks of the written papers and viva voce was to determine rank of the candidate.

2. The Selection Board held a written test on 23/24-11-1985. The result of the written test was declared on 15-1-1986. The appellants were declared successful in the written test and were placed at SI. Nos. 5 and 7 respectively in the general category. According of to the Rules following were the papers of the examination;

1 . English - 100 Marks

2. Hindi (In Devnagari script) - 50 Marks

3. General knowledge - 100 Marks

4. Viva Voce - 100 Marks.

3. According to the appellants, successful candidates in the written test were interviewed on 12-3-1986. The appellants were also interviewed along with others. After waiting for some time, the appellants represented to the Selection Board for the declaration of the result. As there was unusual delay in the declaration of the results, the appellants and three others filed a writ petition in the High Court of Punjab and Haryana at Chandigarh seeking a direction to the respondents to declare the result of the competition held for the posts of Excise Inspectors. A notice of motion was issued and a counter-affidavit was filed on behalf of the respondent No. 1. In the reply a plea was taken that 283 candidates were interviewed by the Selection Board but the result of 48 candidates was prepared. The correctness of this statement was doubted by the Motion Bench which by its order dated 9th December, 1986 summoned the then Chairman of the Selection Board. On 9th January, 1987 Col. Bhim Singh, Chairman of the Selection Board appeared and he was directed to file an affidavit. Col. Bhim Singh filed the affidavit on 10-1-1987. In the affidavit it was stated that the Board called290 candidates, out of which 283 appeared for interview during the period 10th March to 13th March, 1986. This was as per the practice of the Board. The Board called all the candidates for interview who qualified in the written test. The Board compiled results of viva voce in respect of all the 283 candidates, who appeared for interview. As per practice till the completion of interview the Board was not informed of the marks obtained by each candidate in the written test. It was further stated in the affidavit that on completion of interviews the Board having gone through the documents i.e. written test result and the viva voice results, came to the conclusion that it will be redundant to go below a particular figure in the written test as viva voce and the writtentest marks were to be added to get the final selection list. It was also stated in paras 6, and 7 of the affidavit as under:

6. That the Board then directed the Secretary, Subordinate Services Selection Board to produce list of candidates of various categories i.e. General, Scheduled Caste, Backward Caste and Ex-Servicemen. In this the Board directed the Secretary to produce lists of 3 times of the number of vacancies as per the ruling given by the SC and the practice followed by the Haryana Public Service Commission. The Board also awarded viva voce marks out of 12.5% of the written marks again as per practice followed by