SOHAN LAL CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent raises the question whether it was within the competence of the Director-General, Posts and Telegraphs, to direct that a viva voce test shall not form part of the examination for promotion of Telegraphists to the post of Telegraph Master.

(2.) The rules contained in the Posts and Telegraphs Manual declare that no person shall be eligible for promotion to the grade of a Telegraph Master unless he has passed a departmental examination consisting of a written examination and a viva voce test. A large number of Telegraphists including the petitioners sat for a written examination on the 3rd and 4th January, 1953 and were to appear in the viva vice test which was to be held on a later date; but on the 3rd June, 1953, that is after the written examination had been completed but before the viva voce test could be held, the Director-General of Posts and Telegraphs took everybody by surprise by making the following announcement :

(3.) This announcement was followed by a formal order that the first 150 candidates who had passed by written examination and had secured more marks than the remaining 221 candidates would be deputed for practical training preparatory to their appointment as Telegraph Masters. The appellants complain that this arbitrary decision to dispense with the viva vice test has operated gravely to their prejudice, for had the selection been made on the basis of a written as well as a viva voce test in accordance with the rules which were previously in force and not on the basis of a written examination alone, it was more than probable that several of the appellants would have figured among the first 150 candidates to be taken in the order of merit. Their complaint does not appear to have elicited any sympathy from the Central Government and they accordingly presented a petition under Article 226 of the Constitution for the issue of a writ a mandamus directing the Director-General to hold a viva vice test in respect of the petitioners as well as the 150 candidates aforesaid in accordance with the rules which were in force prior to the 3rd June, 1953. The learned Single Judge before whom this petition came up for consideration came to the conclusion that it was within the competence of the Director-General to amend the rule relating to the departmental examination and consequently that there was no occasion for the issue of a writ of mandamus. The petitioners are dissatisfied with this order and have come to this Court under clause 10 of the Letters Patent.