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SUPREME COURT OF INDIA
S. C. AGRAWAL AND R. M. SAHAI, JJ.
Hoshiar Singh, Appellants
Versus
State of Haryana and others, Respondents.
Civil Appeals Nos. 1263-64 of 1993 (with S. A. Nos. 5, 6, 7 of 1993 in S. A. Nos. 1266 to 1270 of 1993, I. A. No. 3 of 1993 in C. A. No. 1355 and 1265 of 1993, I. A. Nos. 3 and 4 of 1993 in C. A. No. 1354 of 1993)
Decided on 25-8-1993.
Advocates appeared:
Mr. V. C. Mahajan, Mr. H. N. Salve, Mr. P. P. Rao, Mr.V. C. Mahajan, Sr. Advocates, Mr. Manoj Swarup, Mr. P. N. Puri, Mr. Ashok K. Mahajan, Mr. Raj Kr. Gujla, Mr. P.C. Kapur, Mr. Ranbir Singh yadav, Mr. S. K. Verma, Mr. Arun Katpalia, Mr. R. B. Misra, Mr. Vishnu Mathur, Mr. Devendra Singh, Mr. Rajendra Lal Chopra, Ms. Indu Malhotra, Ms. Aysha Khatri, Mr. Ranjit Kumar, Ms. Binu Tamta, Mr. V. Krishnamurthy, Mr.Mahabir Singh, Mr. R. C. Kaushik, Mr. S. B. Upadhyay and Mr. A. S. Pundir, Advocates with them, for the Appearing Parties; Mr. Prem Malhotra, Mr. Good will Indeevar and Mr. R. K. Talwar, Advocates for the interveners.
Constitution of India Article 309 – Inviting applications for the said posts – Board issued an advertisement – Preference will be given to Criminology Graduate – Appeals, by special leave, have been filed against the judgment of the High Court of Punjab and Haryana in Civil Writ Petition and other connected writ petitions, whereby the High Court has quashed the selection and the recommendation made by the Subordinate Services Selection Board, Haryana (hereinafter referred to as the Board) for appointment on the post of Inspector of Police and the orders for appointment of 18 of the persons selected on the said post – Board has been constituted and is vested with the function of selecting and recommending candidates for appointment to Class III non-gazetted posts falling within the purview of the Board – Post of Inspector of Police is one of the posts falling within the purview of the Board, the Director General of Police had sent a requisition to the Board for selecting suitable candidates for appointment on six posts of Inspectors of Police –Held, As regards rejection of candidates on the ground that they had misbehaved at the time of interview, court are unable to agree with the High Court that the Board could not reject a candidate on the ground that he had misbehaved at the time of interview – In the process of selection, the Board is required to adjudge the suitability of the candidate for appointment on the post for which selection is being made – Board is entitled to take note of the behaviour of the candidate at the time of interview and if it is found that the behaviour is such as to render him not suitable for holding the post for which selection is to be made, the Board would be perfectly justified in rejecting him for appointment on the post – If the course suggested by the High Court is adopted, namely, that the Board may give zero mark to the 2612candidate who misbehaves at the time of interview, the result would be that a candidate whose behaviour was such as to render him unfit for appointment to the post, may have to be selected and recommended for appointment on the basis of the marks secured by him in the written test although in view of his behaviour at the time of interview the Board found that he is not suitable for such appointment – Suitability of a candidate for appointment has to be considered on the basis of an overall assessment of his performance during the process of selection – Conduct and behaviour of the candidate at the time of interview is a relevant factor in making such assessment – Appeals dismissed.
JUDGMENT
S. C. AGRAWAL, J.:—These appeals, by special leave, have been filed against the judgment of the High Court of Punjab and Haryana dated October 31, 1991 in Civil Writ Petition No. 5123 of 1991 : (reported in (1992) 1 Serv LR 157) and other connected writ petitions, whereby the High Court has quashed the selection and the recommendation made by the Subordinate Services Selection Board, Haryana (hereinafter referred to as the Board) for appointment on the post of Inspector of Police and the orders for appointment of 18 of the persons selected on the said post.
2. The Board has been constituted under Art. 309 of the Constitution and is vested with the function of selecting and recommending candidates for appointment to Class III non-gazetted posts falling within the purview of the Board. The post of Inspector of Police is one of the posts falling within the purview of the Board. On October 23, 1987, the Director General of Police had sent a requisition to the Board for selecting suitable candidates for appointment on six posts of Inspectors of Police. In these six posts, one was reserved for Scheduled Castes, two for ex-Servicemen and three were in general category. After the receipt of the said requisition, the Board issued an advertisement dated January 22, 1988 inviting applications for the said posts. On July 7, 1988, a corrigendum was issued to the advertisement dated January 22, 1988. The advertisement as amended by the said corrigendum stated as under
"POSTS OF INSPECTOR OF POLICE FOR POLICE DEPTT. (1 resvd. for SC & 2 for ESM of Haryana)
SCALE: Rs. 2000-3200, with rent free accommodation of House rent allowance @ 10% of pay in lieu thereol plus compensation allowance @ 10% of Basic pay as per rules. E.Q.: i) Graduate of recognised University. Preference will be given to Criminology Graduates. 11) Hindi up to Matric standard. iii) Height 5-7", Chest 33" with expansion of 1-1/2". Due weightage will be given proficiency in sports including athletics, PHC and candidates wearing spectacles, are not eligible. 2608
The candidates will have to pass a written test comprising of the following two papers of 100 marks each:- 1. General English & Hindi of B.A. standard.
2. General Knowledge and General Studies.
Only the candidates who will obtain 50% marks and above (at least 40% and above. in case of SCs and BCs candidates), will be called for Physical test and interview. Successful candidates will have to pass one star physical qualifying test as under:
1. 800 Meters run : (2 minutes & 50 seconds)
2. 100 meter run : (14.5 seconds)
3. Long Jump : 15 feet
4. High Jump : 4 feet
5. Putting the shot : 20 feet
Age : 18-27 years as on 8-8-88, for ESM they must be below 27 years plus continuous services added by 3 years. However, there should not be a gap for more than 2 years between their discharge from the Army and joining the service in Police Deptt.
Note: Omitted."
3. The applicants who applied in response to the advertisement were required to undergo the written test. On the basis of the result of the written test candidates were called for physical efficiency and measurement test and viva-voce. Prior to holding the physical efficiency test, the Board took a decision that even those candidates who qualified in 3 out of 5 items of the physical qualifying test mentioned in the advertisement would be deemed to have passed. The Board held the physical efficiency and measurement test as well as interview from January 28, 1991 to January 31, 1991. Prior to that the Director General of Police had, on January 24, 1991, sent a revised requisition for 8 posts of Inspectors of Police (3 general in category, 3 scheduled castes and 2 ex-servicemen). By its letter dated March 29, 1991 addressed to the Director General of Police, the Secretary of the Board forwarded the names of 19 candidates (12 in general category, 2 belonging to scheduled castes, 3 ex-servicemen and 2 belonging to backward classes) who re being recommended (in the order of merit
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