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1994 Supreme(Ori) 293
IN THE HIGH COURT OF ORISSA
G.T. Nanavati, P.C. Naik, JJ.
PRAFULLA KUMAR MOHAPATRA - APPELLANT
Versus
CHAIRMAN, BAITARANI GRAMYA BANK AND OTHERS - RESPONDENT
Original Jurisdiction Case No. 948 of 1990
Decided On : 03-08-1994
S.D. Das, S.K. Samantaray and B.N. Udgata, for the Appellant; G.A.R. Dora, A.K. Nayak and D. Samal, for the Respondent
In the absence of statutory rules governing promotions, a bank's board of directors has the authority to fix minimum qualifying marks for a viva voce test as part of a fair and objective selection process.
Headnote:
PROMOTION - BANK EMPLOYEE - FIELD SUPERVISOR - SELECTION - VIVA VOCE TEST - ALLOCATION OF MARKS - MINIMUM QUALIFYING MARKS - VALIDITY - BANK'S BOARD OF DIRECTORS - POWER TO FIX MINIMUM QUALIFYING MARKS - ABSENCE OF STATUTORY RULES - FAIRNESS - COURT'S INTERFERENCE.
Fact of the Case:
Petitioner, a Junior Clerk-cum-Cashier in Baitarani Gramya Bank, challenged the bank's order promoting 24 Field Supervisors based on an internal selection process. The selection process involved an appraisal of performance (70 marks) and a viva voce test (30 marks). The petitioner secured 49 marks in the appraisal but only 11 marks in the viva voce test, failing to meet the minimum qualifying marks of 12. He argued that the allocation of 30 marks for the viva voce test was excessive and arbitrary, and that the selection committee could not fix minimum qualifying marks in the absence of statutory rules.
Finding of the Court:
The court held that the allocation of 30 marks for the viva voce test was not arbitrary or unreasonable, considering that the selection was for promotion to a higher post from among experienced clerks. The court also upheld the selection committee's decision to fix minimum qualifying marks, finding it to be a fair and reasonable measure to ensure a consistent and objective selection process.
Issues: 1. Whether the allocation of 30 marks for the viva voce test was excessive and arbitrary? 2. Whether the selection committee could fix minimum qualifying marks in the absence of statutory rules?
Ratio Decidendi: 1. The court relied on Supreme Court precedents which recognized the usefulness of viva voce tests in assessing candidates' overall intellectual and personal qualities, particularly for positions requiring mature personalities. 2. The court distinguished the petitioner's case from those involving direct recruitment of fresh graduates, where the Supreme Court had held that a high percentage of marks for the viva voce test could be arbitrary. 3. The court found that the selection committee's decision to fix minimum qualifying marks was not contrary to any statutory rules and was a reasonable measure to ensure a fair and objective selection process.
Final Decision: The court dismissed the petition, finding no merit in the petitioner's arguments. It held that the allocation of marks for the viva voce test was not excessive, that the selection committee had the authority to fix minimum qualifying marks, and that the selection process was fair and reasonable.
JUDGMENT :
G.T. Nanavati, C.J. - The petitioner is serving as a Junior Clerk-cwm-Cashier in Baitarani Gramya Bank, oppt. party No. 1. On 26-3- 1987 the Bank issued a circular informing ail concerned that it wanted to till up 24 posts of Field Supervisor by internal promotion from among the eligible Junior Clerk-cum -Cashiers. The promotions were to be given on the basis of appraisal of performance of the eligible candidates and result of the viva voce test. Those clerks who had put in six years' service were to be considered as eligible for promotion. For appraisal of the performance, 70 marks and for viva voce test 30 marks were allotted. It appears that in the Board's meeting which was held on 25-5- 1987 it was decided that the minimum eligible marks shall be 40%, i.e., 28 out of 70 marks, allotted for appraisal of the performance. The appraisal was to be done for the years 1986 and 1987. The petitioner, as it now appears, secured 49 marks out of 70, but in the viva voce test, he secured 11 marks. As the petitioner did not get the minimum 12 marks out of 30 at the interview, he was not promoted whereas those who secured minimum or more than the minimum marks came to be promoted by en order passed on 3-3-1988, The petitioner is challenging in this petition the said order of promotion, Annexure-2 to this petition.
2. What is submitted by the learned advocate for the petitioner is that allotment of 30 marks out of 100 for viva voce test was very excessive and on that ground alone the selection and promotions made on the basis thereof should be quashed. In support of this contention, he relied upon a decision of the Supreme Court in the case of Ashok Kumar Yadav and Others Vs. State of Haryana and Others more particularly upon the following observations made in paragraph 29 of the judgment :
"Now if the allocation, of such a high percentage of marks as 33.3% in case of ex-service officers and 22.2 % in case of other candidates, for the viva voce test is excessive as held by us, what should be the proper percentage of marks to be allocated for the viya voce test in both these cases......We would therefore direct that hereafter in case of selections to be made to the Haryana Civil Services(Exscutive Branc ) and other allied services, where the competitive examination consists of a written examination followed by a viva voce test, the marks allocated for the viva voce test should not exceed 12. 2% of the total marks taken into account for the purpose of selection. We would suggest that this percentage should also be adopted by the Public Service Commissions in other States, because it is desirable that there should be uniformity in the selection process throughout the country and the practice followed by the Union Public Service Commission should be taken as a guide for the State Public Service Commissions to adopt and follow. The percentage of marks allocated for the viva voce test in case of ex-service officers may, for reasons we have already discussed, be somewhat higher than the percentage for the candidates belonging to the general category. We would, therefore, direct that in cease of ex-service officers having regard to the fact that they -would ordinarily be middle aged persons with personalities fully developed, the percentage of marks allocated for the viva voce test may be 25%.................."
It was emphasised that even in case of persons with developed perso- nalities the Supreme Court has considered 25% marks for viva voce test as the maximum. Now, that was a case where employment was sought to a public service on the basis of local competitive exam nation and the candidates were entering that service for the first time.
3. Mohinder Sain Garg Ors. Vs. State of Punjab and Others was also relied upon. In that case, the Supreme Court has held that even if A. K. Yadav's case may not in terms apply, it would be proper to lay down that if the percentage of marks in the viva voce test is more than 15% of the total marks, then
