2010 Supreme(SC) 534

2010 (5) Supreme 556
SUPREME COURT OF INDIA
Aftab Alam and T.S. Thakur, JJ.
East Coast Railway & Anr. — Appellants
versus
Mahadev Appa Rao & Ors. — Respondents
Civil Appeal No. 4964 of 2010
Arising out of Slp (Civil) No.27153 of 2008
Decided on : 7-7-2010

IMPORTANT POINTS
1.An order passed by a public authority exercising administrative/executive or statutory powers must be judged by the reasons stated in the order or any record or file contemporaneously maintained.
2.While no candidate acquires an indefeasible right to a post merely because he has appeared in the examination or even found a place in the select list, yet the State does not enjoy an unqualified prerogative to refuse an appointment in an arbitrary fashion or to disregard the merit of the candidates as reflected by the merit list prepared at the end of the selection process.

Headnote:Service Law-Issuance of Notification by Senior Divisional Personnel Officer, East Coast Railway, Visakhapatnam, proposing to conduct a written/practical typewriting test for filling up vacant posts of Chief Typists - Some of the candidates who failed to qualify made a representation complaining about the manner in which the test was conducted alleging that defective typewriting machines provided to them placed them at a disadvantage vis-a-vis candidates declared successful-Order passed by appellant-Railways cancelling the typewriting test -. By another notification a fresh typewriting test was notified to be held for all the 12 in-service candidates who had appeared in the earlier test-On challenge thereagainst Tribunal held that the test earlier conducted was rightly cancelled inasmuch as the candidates were made to take the test in batches and no option was given to them to bring their own typewriters-Writ Petition thereagainst - Allowed by High Court setting aside order passed by Tribunal as also the order by which earlier test was cancelled-Appeals – Instantly order passed by competent authority not stated any reasons whatsoever for the cancellation of the typing test-In the absence of reasons held difficult to assume that authority had properly applied its mind before passing the order cancelling the test-The fact that some representations were received against the test or procedure followed for the same not by itself justified cancellation of the test unless the authority concerned applied its mind to the allegations levelled by the persons making the representation and came to the conclusion that the grievance made in the complaint was not without merit- Since order of cancellation passed by the competent authority fell short of the legal requirements it was rightly quashed by High Court-Appeals disposed off. (Paras 21 to 25)

       Facts of the Case :

       A Notification was issued by Senior Divisional Personnel Officer, East Coast Railway, Visakhapatnam,herein in the instant case proposing to conduct a written/practical typewriting test for filling up vacant posts of Chief Typists . Some of the candidates who failed to qualify made a representation complaining about the manner in which the test was conducted alleging that defective typewriting machines provided to them placed them at a disadvantage vis-a-vis candidates declared successful. An Order was passed by appellant-Railways cancelling the typewriting test . By another notification a fresh typewriting test was notified to be held for all the 12 in-service candidates who had appeared in the earlier test.On Challenge thereagainst Tribunal held that the test earlier conducted was rightly cancelled inasmuch as the candidates were made to take the test in batches and no option was given to them to bring their own typewriters. Writ Petition thereagainst was Allowed by High Court setting aside order passed by Tribunal as also the order by which earlier test was cancelled.

       2.Present appeals have been filed against said order of High Court.

       Findings of the Court :

       Instantly order passed by competent authority not stated any reasons whatsoever for the cancellation of the typing test.In the absence of reasons it was held difficult to assume that authority had properly applied its mind before passing the order cancelling the test. The fact that some representations were received against the test or procedure followed for the same not by itself justified cancellation of the test unless the authority concerned applied its mind to the allegations levelled by the persons making the representation and came to the conclusion that the grievance made in the complaint was not without merit. Since order of cancellation passed by the competent authority fell short of the legal requirements it was rightly quashed by High Court. Appeals were disposed of

       Result : Appeals disposed of.