UMMER KOYA V. Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) These two original petitions are filed by the unsuccessful candidates in the matter of selection to the post of Chief (Social Services) in the State Planning Board. The selection to the said post is conducted by way of written test and interview. The written test is for 100 marks and 40 marks for the interview. Referring to Annexure A3 in OP(KAT).No.310/2020, learned counsel for the petitioners would submit that when candidates ranked at rank Nos. 1, 2 and 3 had been given 36 marks each for interview, the petitioner was only given 11 marks whereas she was having 91.75 marks for the written test. In the case of petitioner in O.P.(KAT).No.308/2020, he was given only 16 marks for interview, whereas he was awarded 86.25 marks for written test. Alleging that ranked Nos. 1, 2 and 3 has been granted higher marks in the interview only for the purpose of favouring them.

(2.) The Tribunal considered the aforesaid issue and have arrived at a conclusion that there is no illegality in the procedure adopted by the Kerala Public Service Commission in awarding the marks for the written test and interview and therefore the original applications were dismissed.

(3.) While impugning the aforesaid orders passed by the Tribunal, the learned counsel for the petitioners placed reliance on Annexure A3 in order to indicate the marks given for each candidates in the written test as well as in the interview. He also placed reliance on the judgment of the Apex Court in Bishnu Biswas & Others v. Union of India and Others [(2014) 5 SCC 774], wherein the Apex Court has observed that awarding of higher percentage of marks to those who got lower marks in the written test, in comparison to some who had got higher marks in written examination, an adverse inference can be drawn. He also placed reliance on the judgment of the Apex Court in P. Mohanan Pillai v. State of Kerala & Others [(2007) 9 SCC 497]. In the said case, the Apex Court after relying on the judgment in Inder Parkash Gupta v. State of J & K [(2004) 6 SCC 786] approved the observation that the marks allotted during interview should be within a reasonable limit.