The court emphasized that the absence of specified minimum qualifying marks in the advertisement allowed the recruiting authority to exercise discretion in determining the qualifying marks based on the overall result of the examination.

NAVIN CHAWLA, J.

CM 47234/2017 (exemption)

Exemption allowed subject to all just exceptions.

WP(C) 11598/2017 & CM 47233/2017

1. The present petition has been filed by the petitioners challenging the recruitment process of “Probationary Officers” in the State Bank of India vide advertisement No CRPD/PO/2016-17/19 dated 6th February, 2017.

2. The petitioners, drawing a reference to the following clauses of the advertisement, submit that the advertisement clearly stipulated that each candidate must qualify in each of the test in the “Objective Test” category as also for the “Descriptive Test” before being considered eligible for appointment:

“Phase-II: Main Examination:

Main Examination will consist of Objective Tests for 200 marks and Descriptive Test for 50 marks. Both the Objective and Descriptive Tests will be online. Candidates will have to answer Descriptive test by typing on the computer. Immediately after completion of Objective Test, Descriptive Test will be administered.

Objective Test: The objective test of 3 hours duration consist of 4 Sections for total 200 marks. The objective test will have separate timing for every section. The candidates are required to qualify in each of the Tests by securing passing marks, to be decided by the Bank.

SL.	Name of Test	No. of Questions	Marks	Duration
1.	Reasoning & Computer Aptitude	45	60	60 minutes
2.	Data Analysis & Interpretation	35	60	45 minutes
3.	General/Economy/ Banking Awareness	40	40	35 minutes
4.	English Language	35	40	40 minutes
	Total	155	200	3 hours

Descriptive Test: The Descriptive Test of 30 minutes duration with 50 marks will be a Test of English Language (Letter Writing & Essay). The candidates are required to qualify in the Descriptive Test by securing passing marks, to be decided by the Bank.

Descriptive Test paper of only those candidates will be evaluated who have scored qualifying marks in the Objective Tests and are placed adequately high as per total marks in objective test.

Penalty for Wrong Answers (Applicable to both - Preliminary and Main examination)

There will be penalty for wrong answers marked in the Objective Tests. For each question for which a wrong answer has been given by the candidate one fourth of the marks assigned to that question will be deducted as penalty to arrive at corrected score. If a question is left blank, i.e. no answer is marked by the candidate, there will be no penalty for that question.” (Emphasis Supplied)

3. It is the case of the petitioners that candidates who secured 00 (zero) in various subjects/test in the “Objective Test” have been considered for appointment by the respondent Nos. 2 & 3, thereby vitiating the entire selection process. The petitioners further submit that even if the respondent felt that there was a need for relaxation in the selection norms, the same could not have been so drastically changed so as to do away with the entire pre-condition of qualifying in the subjects. It is submitted that changing the selection criteria after initiation of selection process was not maintainable and the same would vitiate the entire selection process.

4. This Court, while issuing notice in the petition vide order dated 22nd December, 2017, had called upon respondent Nos. 2 & 3 to produce relevant record/data to show so as to how many candidates would qualify if the sectional cut off is fixed and how many would qualify if aggregate is taken.

5. The learned senior counsel for respondent Nos. 2 and 3 has handed over a Note initiated by the General Manger, SBI, which it is alleged, was duly approved by the Deputy Managing Director and the Chief General Manager (HR) of the Central Human Resource Committee (CHRC) of respondent No. 2 and records that the earlier criteria followed by the respondent No. 2 was to have a cut off of 25% marks