V ARUMUGAM Vs. R KALAIARASAN

JUDGEMENT

(1.) THIS is the case of an arbitrary manner of selection in a public body, in and by which those candidates who got higher marks for qualification and experience were knocked out of the race by awarding very low marks in the viva voce test, by adopting a strange method of giving uniform marks by all the members of the Selection Committee, after conducting a meeting subsequent to the conclusion of viva voce test of the candidates.

(2.) THESE two writ appeals are directed against the order dated 15.9.2009 in W.P. No. 13864 of 2008 whereby and whereunder, selection to the post of Diesel Loco Drivers in the Chennai Port Trust as per proceedings dated 11.6.2008 was set aside. The very same selection is challenged in W.P. No. 22070 of 2009, at the instance of another candidate.

(3.) THE learned single Judge found that there were serious discrepancies in the matter of awarding marks. As per the norms prescribed by the Selection Committee, a candidate having experience ranging from 11 to 15 years is entitled for 9 marks. Though the first respondent was having 11 years of experience, he was given only 6 marks. Similar instances were pointed out in respect of other candidates also. THE learned Judge also found that marks were not given individually by the Selection Committee consisting of six members. According to the learned single Judge, the failure on the part of the members of the Selection Committee to award individual marks to the candidates on the basis of their performance in the interview tilted the entire selection process. THE learned Judge was of the view that marks were awarded arbitrarily without any prescribed norm. Accordingly, the writ petition was allowed, by setting aside the selection and the appellant/Port Trust was directed to conduct interview afresh for all the hundred candidates and to award marks in the manner indicated in the order. Feeling aggrieved, the Port Trust and the selected candidates are before this Court.