GIRISH NATH SINGH Vs. NHPC LIMITED

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos.8244 of 2008, 5397 and 10298 of 2009, as common questions of law and facts are involved therein. For the sake of convenience, facts are being extracted from CWP No.8244 of 2008.

(2.) THE petitioners have challenged the action of the respondents in introducing cut off marks of 60% to be obtained in the written examination for internal candidates for appointment to the posts of TE/TO in the Discipline of Civil Engineering.

(3.) LEARNED counsel for the petitioners has argued that tinkering with the selection process may be justified when there is requirement for shortlisting. For instance, originally it may be prescribed that persons receiving beyond a certain percentage would be called for interview. However, when the result comes out and it transpires that number of persons to be called for interview is disproportionately large as compared to the posts available, in those circumstances for the purpose of shortlisting and having more manageable numbers, Courts have accepted deviation from the normal policy of prior fixation of standards. However, as per him, what has been done in the present case is not only impermissible but otherwise also is highly impracticable because admittedly against 56 vacancies, 57 persons had applied and 55 appeared and by the imposition of this criteria, only 8 candidates got the required 60% marks. As per him, this clearly violates the mandate of law in K.Manjusree v. State of Andhra Pradesh and another, (2008)3 Supreme Court Cases 512, wherein their Lordships held as follows : -