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1980 Supreme(SC) 487

P. N. BHAGWATI, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, A. D. KOSHAL
Ajay Hasia – Appellant
Versus
Khauid Mujib Sehravardi – Respondent


Advocates:
Altaf Ahmed, ANIL DEV SINGH, ASHOK KAUL, B.DUTTA, C.P.Pandey, D.M.TIKU, E.C.AGARWAL, LALIT KUMAR, M.MUDGAL, P.N.DUDA, R.S.CHITALE, R.SATISH, RISHI KESH, S.K.Bisaria, S.K.SABHARWAL, S.N.KACKAR, S.S.Khanduja, SUBHASH SHARMA, V.K.PANDIAN, VINEET KUMAR, Y.S.Chitale

Judgement Key Points

Based on the provided legal document, the following key points can be summarized:

  1. The legal challenge pertains to the validity of the admission process at a government-sponsored engineering college, which is considered an "authority" under the meaning of constitutional provisions, particularly Article 12 of the Constitution of India (!) (!) .

  2. The admission procedure involved a written entrance test and a viva voce (oral interview), with the latter allocated a significant proportion of marks, which raised concerns about arbitrariness and fairness (!) (!) .

  3. The allocation of marks for the oral interview was notably high, constituting about one-third of the total marks, which was deemed unreasonable and potentially arbitrary, especially given the criticisms of the subjective nature of interviews and their susceptibility to bias and manipulation (!) (!) .

  4. The manner in which the oral interviews were conducted—short durations of only 2-3 minutes per candidate, with questions limited to formalities regarding parentage and residence—was considered inadequate for a proper assessment of the candidates' suitability (!) (!) .

  5. The procedure for admission, including the reliance on an oral interview, was challenged on the grounds of violating the principles of equality and non-arbitrariness as enshrined in Articles 14 and 16 of the Constitution (!) (!) .

  6. The court acknowledged the criticisms of the oral interview method, recognizing its subjective and impressionistic nature but also noting its continued acceptance as a supplementary tool for assessing personal traits, provided it is conducted fairly and with appropriate safeguards (!) (!) .

  7. The court emphasized that the allocation of a disproportionately high percentage of marks to the oral interview, especially when the interview was superficial and brief, rendered the process arbitrary and violative of constitutional principles (!) .

  8. Despite the identified flaws, the court refrained from invalidating the admissions for the specific academic year under consideration, citing practical considerations such as the hardship of re-opening admissions already completed and the passage of time (!) .

  9. The court cautioned that future admission procedures should allocate a reasonable proportion of marks for oral interviews, ideally not exceeding 15%, and that interviews should be conducted thoroughly and relevantly, possibly with tape-recording to ensure transparency and fairness (!) .

  10. Overall, the decision underscores the importance of reasonableness, transparency, and adherence to constitutional principles in the formulation and execution of admission procedures by authorities, especially when such procedures involve subjective assessments like interviews (!) (!) .

  11. The court also highlighted that authorities must avoid arbitrariness and ensure that selection methods are rational, fair, and non-discriminatory, aligning with the constitutional mandate of equality before the law (!) (!) .

  12. The judgment emphasizes that authorities acting as instruments or agencies of the state are bound by constitutional limitations, including fundamental rights, and must operate within the framework of legality and fairness (!) (!) .

Please note that the summary is based solely on the content provided and avoids specific case law references, focusing instead on the legal principles and findings relevant to the issue.


Judgment

BHAGWATI J.:- These writ petitions under Article 32 of the Constitution challenge the validity of the admissions made to the Regional Engineering College, Srinagar for the academic year 1979-80.

2. The Regional Engineering College, Srinagar (hereinafter referred to as the College) is one of the fifteen Engineering. Colleges in the country sponsored by the Government of India. The College is established and its administration and management are carried on by a Society registered under the Jammu and Kashmir Registration of Societies Act, 1898. The Memorandum of Association of the Society in clause 3 sets out the objects for which the Society is incorporated and they include amongst other things establishment of the college with a view to providing instruction and research in such branches of engineering and technology as the college may think fit and for the advancement of learning and knowledge in such branches : Vide sub-cl. (i). The Society is empowered by clause 3 sub-cl. (ii) of the Memorandum of Association to make rules for the conduct of the affairs of the Society and to add, to amend, vary or rescind them from time to time with the approval of the Govt. of Jammu and K


















































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