2014 Supreme(Pat) 397
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
Radheshyam Kumar & Ors. – Petitioners
Vs.
The Chairman-cum-Managing Director, Life Insurance Corporation of India, Central Office Mumbai & Ors. - Respondents
Civil Writ Jurisdiction Case No.21309 of 2013
Decided on: 22-04-2014
Advocate Appeared
For the Petitioners: Mr. Dr. Binay Kumar Singh
For the Respondents: Mr. Rajeev Ranjan Prasad
The main legal point established in the judgment is that the terms of the advertisement, including the reservation of the Corporation's right to fix minimum qualifying marks for the interview, govern the selection process, and participants cannot challenge the process based on such terms after participating in it.
Headnote:
Minimum Qualifying Marks - Selection Process - Life Insurance Corporation of India - Clause 9 of the advertisement - 18.01.2013 - Judgment of Supreme Court - Final Selection - Advertisement - Interview - Minimum Qualifying Marks
Fact of the Case:
The petitioners challenged the final result of candidates shortlisted for pre-medical test and appointment to the post of Assistant Administrative Officer in the Life Insurance Corporation of India. They argued that no minimum qualifying marks for the interview were prescribed at the time of advertisement, but such marks were fixed later, leading to their exclusion from the final selection.
Finding of the Court:
The court found that the advertisement clearly stated that the Corporation reserved the right to fix minimum qualifying marks for the interview. It held that the petitioners cannot raise a grievance after participating in the selection process as per the terms of the advertisement. The court also noted that the minimum qualifying marks for the interview were fixed before the selection process began and were uniformly applied to all candidates.
Issues: The main issue was whether the petitioners could challenge the final selection based on the fixing of minimum qualifying marks for the interview after the advertisement was issued.
Ratio Decidendi: The court held that since the advertisement clearly stated the Corporation's right to fix minimum qualifying marks for the interview, the petitioners could not raise a grievance after participating in the selection process. It also emphasized that the fixing of minimum qualifying marks before the selection process began was not arbitrary and did not vitiate the entire selection process.
Final Decision: The court dismissed the application, finding no infirmity in the selection process and no reason to interfere with the grounds raised by the petitioners.
1. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the Respondent-Life Insurance Corporation of India.
2. Present writ application has been filed seeking quashing of the final result of candidates shortlisted for pre-medical test and thereafter, for appointment to the post of Assistant Administrative Officer Life Insurance Corporation of India (hereinafter referred to as the “Corporation”) mainly on the ground that no minimum qualifying marks for interview was prescribed at the time of advertisement whereas final selection list has been prepared fixing such minimum qualifying marks for interview.
3. Facts are not in dispute.
4. The Life Insurance Corporation of India uploaded an advertisement on its website in the month of February, 2013 inviting applications from eligible candidates for payment to the posts of Assistant Administrative Officer in the Corporation. Out of 750 vacancies, 114, 56, 201 seats respectively were declared reserved for scheduled caste and scheduled tribe and other backward class categories candidates whereas the rest vacancies were left open as unreserved seats. The said advertisement has been brought on record as Annexure-1 to the writ application. Petitioners No. 1, 3 and 4 had applied against OBC seats whereas petitioner No. 2 had applied against SC seats.
5. As per the Advertisement, selection procedure laid in Clause 9 of the advertisement was divided into two parts; the “On-Line Test” followed by a Personal Interview. On Line Test was to be of objective type in the subjects of Reasoning Ability (90), Numerical Ability (90) General Knowledge Current (60), Computer Knowledge (30) and English Language (100). It prescribed that a candidate must pass in each section separately and should also obtain minimum marks in aggregate to qualify for interview, which shall be decided by the Corporation. Minimum marks for these sections were not disclosed in the advertisement. However, the petitioners have no grievance in this regard. Clause 9 of the said advertisement to the extent it deals with interview for the present purpose reads as follows:-
“The Corporation reserves the right to fix the minimum eligibility standards in order to restrict the candidates to be called for interview, commensurate with number of vacancies and also the minimum qualifying marks to qualify in the interview. Candidates who do not obtain the minimum qualifying marks as decided shall be excluded from further selection process. The decision of the Corporation in this regard shall be final and binding on the candidates and no correspondence will be entertained in this regard.”
6. The petitioners applied against the post so advertised and they were selected for interview. They appeared before the interview Board on different dates and according to them, they performed well. However, their names did not figure in the merit-list dated 01.10.2013 of candidates shortlisted for pre-recruitment medical examination and their subsequent appointment to the post of Assistant Administrative Officer. It is the assertion in the writ application that Respondent-Corporation thereafter, posted details of scores and cut-off marks on the e-mail of candidates shortlisted for interview. From the web- copy of the details of the scores of the petitioners and the statement showing cut-off marks of written and oral test, it would transpire that candidates with minimum scores of 225, 214, 199 and 175, 190 and 154 belonging to unreserved, OBC, SC, ST, OH and VI were shortlisted for oral test. It would also transpire from the said webcopy, which have been brought on record by way of Annexure-5, that qualifying marks in interview was fixed for unreserved/other backward class candidates as 30 and that for Scheduled castes and scheduled tribes as 27. It would further transpire that the candidates with minimum scores of 277, 255 and 242, taking marks obtained by them in the written test and interview together, belongi