C. SARATH RAJ Vs. THE GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, FORT ST. GEORGE, MADRAS,

JUDGEMENT

(1.) The petitioner, who had applied for the post of Civil Judge (Junior Division/Judicial Magistrate First Class) and had appeared for the examination that was held pursuant to the notification dated 4.7.2000 complains in this petition that though he had secured the minimum marks prescribed in the written test he was not called for the viva voce and that the condition set out in the notification dated 4.7.2000 that the number of persons to be called for the viva voce would be only twice the number of the posts is a condition which is ultra vires the Rules of Recruitment for the post of Civil Judges (Junior Division/Judicial Magistrate First Class).

(2.) The answer of the Public Service Commission to this is that the petitioner having appeared in the examination knowing full well the conditions subject to which the recruitment was being made, cannot, after having taken his chance in the selection process and after finding that he was not selected, turn around and challenge the process of selection itself. Learned counsel in this context relied upon the decision of the Supreme Court in the case of Union of India and another Vs N. Chandrasekharan and others, 1998 (3) SCC 94, wherein it was observed in paragraph thirteen that where the candidates were made aware of the procedure for promotion before they sat for the written test and appeared before the Departmental Promotion Committee they cannot turn around and contend later, when they found that they were not selected, by challenging that procedure and contending that the marks prescribed for interview and confidential reports are disproportionately high and the authorities cannot fix a minimum to be secured either at interview or in the assessment on confidential report.

(3.) In this case, the petitioner knew full well that the procedure contemplated a written examination, followed by a viva voce; that in order to be called for the viva voce one had to not only secure the minimum marks at the written test but also had to fall within the zone of twice the number of the vacancies for which he was competing, which zone he could enter only if he secured sufficient number of marks which would be more than the minimum. In this case, the cut off mark was 220 for the last candidate belonging to the Scheduled Cast for which category the petitioner was competing. The petitioner had secured only 190 marks. He was, therefore, rightly not called for the viva voce.