ASHUTOSH MANGOTRA Vs. STATE

JUDGEMENT

(1.) The petitioner challenges the selection of respondent No. 4 for the post of Lecturer in music (vocal) and seeks a direction to the respondent-Public Service Commission to recommend his name for the post. Both the petitioner and respondent No. 4 were candidates for the post applications for which were invited by the J&K Public Service Commission (the Commission, hereinafter for short) pursuant to notification No. 12-PSC of 1992 dated 28.4.1992. It transpires that in all 8 candidates appeared for the interview of which respondent No. 4 has been recommended for selection. The petitioner's case is that he possessed better merit and suitability for the post and that the recommendation made in favour of respondent No. 4 is vitiated because the expert, one Mrs. Bhupinder Sheetal co-opted by the Commission for interviewing the candidates happened to be the teacher of respondent No. 4 when she was a student of M.A (Music) at the Panjab University and is also presently guiding her Ph. D. programme. It is also alleged that the commission had allotted 100 marks for the interview out of which 70 were to be awarded by the expert, who it is averred, played a key role in the selection and whose opinion carried "a lot of weight". The submission, in other words, is that being a teacher of respondent No. 4, the expert was biased in her favour because of their very relationship and against the petitioner. In the other ancillary grounds taken, it is submitted that the interview conducted was as good as farce as the candidates were not given any opportunity to render any recital and was liable to be struck down because of the total weightage given to it as against 15% weightage recommended by the Supreme Court.

(2.) Objections have been filed by the respondents No. 2, 3 and 4. The respondent-Commission in its objections has submitted that the expert was not the only person to assess the suitability of the candidates as the selection committee comprised of two other members of the commission. It is explained that the role of an expert is of an advisory nature and the selection is made by all members of the selection committee on the basis of overall performance, academic merit, experience and other relevant factors. It is denied that any particular number of marks were allotted to the expert. It is also asserted that all candidates were provided opportunity of practical demonstration on the instruments either brought by them or provided by the Commission. It is further submitted that the commission appoints an expert from amongst a panel of experts furnished by the Universities and the decision to nominate such an expert is taken independently and at that time it is not known as to whether any candidate appearing for the interview happens to be or has ever happened to be the student of such an expert. Respondent No. 3 was also nominated out of a panel of experts, being expert of the Hindustani Vocal Music. It is refuted that the petitioner possessed better merit on any score. On the contrary respondent No. 4 possessed better merit and suitability both on the academic side and also considering her performance in the interview.

(3.) Respondent No. 3 in her communication to the Deputy Registrar of this Court, which has been treated as objections on her behalf, has denied that respondent No. 4 was ever her student in M.A. (Music) at Chandigarh. It is, however, admitted that she is registered as a Ph.D. student like many other students under her. She submits that she has not been guided by any other consideration except merit in evaluating the performance of the candidates. It is also pleaded that 95% of the questions asked related to the subject-matter of music - both practical and theory - and each candidate was allotted time to perform.