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2017 Supreme(Del) 725
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA and CHANDER SHEKHAR, JJ.
SANJEEV KUMAR SAXENA – Petitioner
Versus
UNION OF INDIA & OTHERS – Respondents
WRIT PETITION (CIVIL) No. 953 of 2016
Decided On : 01-03-2017
For the Petitioner: Ms. Jyoti Singh, with Ms. Tinu Bajwa & Mr. Amandeep Joshi
For the Respondents: Mr. Dev P. Bhardwaj, Ms. Anubha Bhardwaj & Ms. Meena Pathak, Mr. S. Rajappa, Dr. Puran Chand & Ms. Shalini A.P.
The introduction of new selection criteria after the commencement of the selection process is contrary to law.
Headnote:
Selection Criteria - Principal Post - Clause (6) of the advertisement/notification - [General Knowledge, Reasoning Ability, English & Hindi Knowledge, Quantitative Aptitude, Administrative and Financial Procedures/Rules] - The court discussed the legality of the minimum qualifying marks in the interview for the selection of Principal post. The court found that the introduction of minimum qualifying marks for the interview after the written examination was contrary to law and violated the principles established in Hemani Malhotra v. High Court of Delhi (2008) 7 SCC 11. The court directed the respondents to grant the petitioner seniority and notional appointment from the date the next lower successful candidate was appointed.
Fact of the Case:
The petitioner, a Post-Graduate Teacher, applied for the post of Principal and scored the highest marks in the written examination but was disqualified for not meeting the minimum qualifying marks in the interview.
Finding of the Court:
The court found that the introduction of minimum qualifying marks for the interview after the written examination was contrary to law and directed the respondents to grant the petitioner seniority and notional appointment.
Issues: The legality of the minimum qualifying marks in the interview for the selection of Principal post.
Ratio Decidendi: The introduction of minimum qualifying marks for the interview after the written examination was contrary to law and violated the principles established in Hemani Malhotra v. High Court of Delhi (2008) 7 SCC 11.
Final Decision: The court directed the respondents to grant the petitioner seniority and notional appointment from the date the next lower successful candidate was appointed.
SANJIV KHANNA, J.
Sanjeev Kumar Saxena in this writ petition impugns the orders dated 20th January, 2015 and 27th November, 2015 passed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) dismissing OA No. 3889/2012 and RA NO. 23/2015, respectively.
2. The petitioner who is working as a Post-Graduate Teacher in Navodaya Vidyalaya Samiti since 1st July, 2008, had applied for selection to the post of Principal pursuant to the advertisement published in Employment News dated 02-08 June, 2012 by the Navodaya Vidyalaya Samiti, Department of School Education and Literacy, Ministry of Human Resource Development.
3. It is an undisputed position that the petitioner fulfils the eligibility criteria, i.e. he possesses the required educational qualifications and experience to be considered for selection for the post of Principal.
4. As the dispute relates to the mode of selection, as indicated in the advertisement/ notification, we would like to reproduce the same:-
“MODE OF SELECTION
1. The Written Examination for the recruitment to the above posts will be held at Delhi on August 05, 2012.
2. Blind candidates will be allowed to take the assistance of scribes (to be arranged by the candidates) at the respective Examination Centre who will assist them in the examination process. Such candidate must write clearly about their disability in the application form. An extra time of 20 minutes per hour of examination will be given to such candidates.
3. Candidates will be required to download the call letter from Navodaya Vidyalaya Samiti’s website i.e. www.navodaya.nic.in. Candidates will be intimated about the same by e-mail & SMS. No candidate will be permitted to appear in the examination hall without Admit card, along with information handout.
4. The Written test will consist of one paper as under:-
Assistant Commissioner (Admn.)
S.No.
TEST TYPE
TEST
NO. OF QUES
MARKS
TIME
1.
Objective
General Knowledge
25
20
Composite time of 3 Hours
2.
Reasoning Ability
25
20
3.
English & Hindi Knowledge
40
30
4.
Quantitative Aptitude
40
30
5.
Administrative and Financial Procedures/Rules
70
100
TOTAL
200
200
Principal
S.No.
TEST TYPE
TEST
NO. OF QUES
MARKS
TIME
1.
Objective
General Knowledge
25
20
Composite time of 3 hours
2.
Reasoning Ability
25
20
3.
English & Hindi Knowledge
40
30
4.
Quantitative Aptitude
40
30
5.
(a) Contemporary Social, Economic and Cultural Issues,
(b) Administrative and Financial Procedures/Rules
40
30
100
TOTAL
200
200
The tests will be of Objective type with each question having five alternative choices out of which one will be the correct answer. Candidates have to find out the correct answer and indicate it by darkening appropriate oval on a separate computerised answer sheet using an HB pencil. The test will be bilingual (Hindi & English Version)
5. Written Exam for both the posts of Assistant Commissioner (Admn.) & Principal will be held simultaneously. In case any candidate applies for both the post, he will have to attempt paper 5 of the other post in the same sitting without any break, and will be allowed extra time of 75 minutes.
6. The decision of the Samiti about the mode of selection to the above posts and eligibility conditions of the applicants for interview shall be final and binding. No correspondence will be entertained in this regard.”
The candidates were required to appear in an objective test of 200 marks comprising of questions relating to general knowledge, reasoning ability, English and Hindi knowledge, quantitative aptitude, contemporary social, economic and cultural issues, and administrative and financial procedures and r
