PRAVEEN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ARBITRARINESS being opposed to reasonableness is an antethesis to law. There cannot, however, be any exact definition of arbitrariness neither can there be any straight jacket formula evolved therefor, since the same is dependent on the varying facts and circumstances of each case.

(2.) THE basic facts pertaining to the appeal against the judgment of the High Court depict that the Writ Petition of the appellant was dismissed by the High Court on the ground that there is no infraction of law neither the Public Service Commission in the State of Punjab has deviated from the criteria laid down for selection of candidates for the post of Block Development and Panchayat Officer. Incidentally the grievance of the Writ Petitioner-appellant pertains to violations of the equality clause under Articles 14 and 16 of the Constitution read with provisions of Punjab Development and Panchayat Class II (Service) Rules, 1974.

(3.) PARAGRAPH 12(1) of the document thus expressly provides that the examination shall consist of four different subjects with 100 marks each for three subjects and fifty marks (50) stand earmarked for the 4th vernacular (Punjabi in Gurmukhi script) totalling 350 marks and further 50 marks for viva voce test. The essentiality of viva voce test however stands established by reason of express narration under the scheme of examination' viz. "followed by viva voce test". In the event of there being a written test for elimination, the scheme of the examination would not have been detailed in the manner as it has been so stated. PARAGRAPH 3 of the instructions refers to the rules for laying down the qualifications and the syllabus for the examination. Admittedly, these rules have been framed by the Governor of Punjab in exercise of his power under the proviso to Article 309. Rule 5 of the Rules referred to the qualification that a person can be appointed to the service who possesses the educational and other qualifications specified in Appendix B. In Appendix B, the posts of Block Development and Panchayat Officers appear at item No. 20 and the qualifications mentioned therein are as below :