SUPREME COURT OF INDIA
RAVI PAL
Versus
KRISHNA DEVI
Decided On : March 16, 1999
Selection Procedure - Fresh Selection Process - Guidelines for Screening Examination and Interview - Uniformity in Adjudging Merit
Fact of the Case:
The court adjourned the special leave petition by six months and modified the order of stay to allow selected candidates to continue in their posts, subject to a fresh selection process. The State of Haryana requested guidelines for the fresh selection procedure.
Finding of the Court:
The court emphasized the need for a screening examination to reduce the number of candidates for interview, recommended a single Selection Committee for uniformity in adjudging merit, and suggested allocating more time for interviewing each candidate. The court directed the government and the selection authority to evolve a better procedure considering these aspects.
Issues: Fresh selection process, guidelines for screening examination, uniformity in adjudging merit, evolving a better procedure
Ratio Decidendi: The court highlighted the necessity of a screening examination when a large number of candidates apply for few posts, recommended a single Selection Committee for uniformity in adjudging merit, and suggested allocating more time for interviewing each candidate.
Final Decision: The special leave petition was adjourned, the order of stay was modified, and the State of Haryana and the selection authority were directed to file a counter-affidavit indicating the result of the fresh selection for further orders.
( 1 ) AFTER hearing learned counsel for the petitioners and learned counsel for the State of Haryana (the fourth respondent) and Principal Chief conservator of Forests (the sixth respondent), we are of the view that the special leave petition should stand adjourned by six months and in the meantime the order of stay passed by this Court on 15-5-1998 should stand modified as follows: the selected candidates who have now joined the posts will continue to occupy the posts but this will be subject to fresh selection as may be made by the selection authority and subject to further orders of this Court. It will be open to the petitioners, if they are so inclined, to participate in the fresh selection process that may be evolved by the selection authority and the government.
( 2 ) SO far as the procedure for a fresh selection is concerned, learned counsel for the State of Haryana has requested us to issue certain guidelines. It is well settled that when a large number of candidates apply for a few posts and where it is difficult to interview all the candidates, it is but necessary that the selection authority conducts a screening examination so that the number of candidates who are required to be interviewed will be less. In that event, more time could be allocated for interviewing each candidate. It is desirable that only a single Selection Committee interviews all the candidates who are to be interviewed so that there is uniformity in adjudging the merit. Such a procedure would also require more number of marks for the examination and lesser number of marks for the interview. These aspects are covered by several decisions of this Court.
( 3 ) IT would be for the Government and the selection authority to evolve a better procedure after taking into consideration the aspects mentioned above.
( 4 ) AFTER the fresh selection is completed, the State of Haryana and the selection authority will file a counter-affidavit indicating the result of the selection so that further orders can be passed in the special leave petition. Pending further orders, the petitioners will not be disturbed from their posts.
( 5 ) THE selection will be confined to the number of posts for which the previous selection has been made and will also remain confined to the number of candidates who have previously applied and been interviewed.
( 6 ) THIS fresh criteria regarding examination etc. which we have referred to above, will be in addition to the criteria fixed for awarding marks for matriculation or graduation etc. as per the previous selection.
( 7 ) LIST after six months.
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