RANBIR SINGH KHARAB Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short issue raised in the instant appeal filed under Clause X of the Letters Patent is whether the recruiting agency like Public Service Commission is within its right to hold a preliminary test with objective type multiple choice question for short-listing the candidates out of the large number of applicants and include those marks in the marks for viva voce. The answer given to the aforesaid question is in the affirmative by the learned Single Judge by holding as under:

(2.) It has also remained undisputed that the appellant participated in the selection process by taking examination. The learned Single Judge has rightly found that there was no violation of Article 14 and 16(1) of the Constitution by including the marks of the preliminary test in the viva voce. The learned Single Judge has rejected the argument that the appellant did not know about the aforesaid fact so as to enable him to prepare better by observing that in a competitive examination of this nature, every candidate is expected to perform to the best of his ability. There are no allegation of mala fide showing that the aforesaid course was adopted in order to favour some and to prejudice others.

(3.) We have heard learned counsel for the appellant at a considerable length and are unable to find legal infirmity in the view taken by the learned Single Judge. The appeal is wholly without merit and does not warrant admission. Firstly, in order to restrict the number of candidates, a preliminary test with objective type multiple choice question paper is always better. We are further of the view that there is no illegality committed by the Commission in rejecting the argument that the marks of the preliminary test were included in the viva voce illegally. The view of the learned Single Judge does not suffer from any illegality.