AJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) IN the instant Writ Petition, the writ petitioner prays for the following reliefs: -

(2.) THE core of the submission addressed before this Court by the learned counsel appearing for the petitioner is anvilled upon attribution of mala fides to the Board which interviewed the petitioner herein and theirs afflicting the awarding of marks by the Board to the petitioner to be smacking of arbitrariness. The submission attributing mala fides to the Board which conducted the interview of the petitioner herein is comprised in paragraph No. 11 of the writ petition. The essence of the attribution of mala fides imputed therein to the Interviewing Board is comprised in the fact of the Interviewing Board having awarded to candidates, who scored lesser marks than the petitioner in the written test, higher marks vis   -vis him in the viva voce, besides the Interviewing Board which conducted the viva voce of the petitioner having singled him out or arbitrarily chosen him for awarding him a mere negligible three marks, whereas other aspirants, who scored lesser marks than the petitioner in the written test were awarded higher marks in the viva voce conducted qua them by the Interviewing Board. The said fact is contended by the learned counsel appearing for the petitioner to be disclosing as well as bespeaking in -transparency as well as favouritism hinging upon mala fides having been indulged into by the Interviewing Board with a premeditated mind to oust the petitioner from selection.

(3.) THE factual scenario as encapsulated hereinabove prods an inference that the petitioner herein has been denied his legitimate right to be selected by a predetermined mind of the interviewing board for the reasons aforesaid to oust him from selection. The afore referred inference of the awarding of deficient marks in the viva voce to the petitioner despite his having obtained higher marks than the other candidates or aspirants as also his having been singled out for being awarded negligible marks in the viva voce, though other aspirants, who obtained lesser marks in the written test, were awarded higher marks in the viva voce, as such, theirs constituting mala fides as also lending in transparency to the viva voce conducted by the interviewing board, is mobilized on the strength of the verdict of the Hon'ble Apex Court in Bishnu Biswas and others versus Union of India and others : (2014)5 SCC 774, the relevant paragraphs whereof are extracted hereinbelow: -