MOHAN Vs. PSC

JUDGEMENT

(1.) PUBLIC Service Commission invited applications for recruitment to the post of Assistant Professor in E. N T. by Special Recruitment, as provided by R.17A of Kerala State and Subordinate Services Rules. Petitioner and third respondent applied for the post. They were the only two candidates considered by the Commission for selection. Both had the basic qualification of M. S. (E. N. T.). Commission interviewed them for preparing the ranked list. At the interview, petitioner secured 15 marks out of 20 and third respondent 12 marks out of 20. The Commission took note of the percentage of marks obtained by the candidates in the final M. B. B. S. Examination as well. Petitioner secured 56% of marks in that Examination, while the third respondent secured 62%. On the basis of the higher total marks obtained by the third respondent, he was assigned 1st Rank. This action of the Commission is under challenge.

(2.) THE stand taken by the Public Service Commission is that the Commission took a decision that percentage of marks for the basic Degree Examination (Final Year M. B. B. S.) and the marks obtained at the interview, out of 20, must be the basis for selection. The percentage of marks in M.B.B.S. final according to the Commission, is a relevant factor and is not unrelated to the process of selection. Commission wanted to finalise the selection as quickly as possible. Since there were two candidates only, a written test was not conducted for selection. Recruitment to public services is regulated by procedure followed by the Commission in their managerial discretion. It is for the Commission to determine the appropriate method of selection. The court, in such situation, is not to interfere with the decision of the Commission in the absence of proven or obvious oblique motive.

(3.) QUESTION arose as to whether marks obtained by students from various Universities can be the basis for selection to the Post Graduate Course. Courts consistently took the view that it would be wholly unjust to grant admissions to the students by assessing their relative merits with reference to marks obtained by them from different Universities. This was so done because the standard of judging the merits of the students would not be reasonably uniform. The standard of judging students would necessarily vary from University to University. Different Universities are having varying standards. So, the assessment made by one University cannot be compared with the assessment made by another University. While dealing with this issue, a Full Bench of five Judges of this Court in State of Kerala v. Rafia Rahim (1978 KLT 369) observed:-