J.S. VERMA, C.J.—The short, though ticklish question for decision in all these cases is whether the essential requirement of obtaining the prescribed minimum qualifying marks separately in the viva voce or personality test for being included in the select list is arbitrary so as to invalidate that provision which results at times in excluding from entry into the State services candidates who would otherwise be even at the top of the select list. It has been candidly stated by the learned Additional Advocate General that this requirement of obtaining minimum qualifying marks in the viva voce test no longer survives even for the corresponding Central Services Examination held by the Union Public Service Commission and the other States except two in addition to Rajasthan. It may be mentioned that such a requirement was initially prescribed by the Union Public Service Commission for the Central Services, but the same no longer exists for several years now. The report of the Committee on Recruitment policy and Selection Methods headed by Dr. D. S. Kothari, known popularly as the Kothari Report of 1976 also made this recommendation for removing this embargo in case of such candidates of

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