STATE OF RAJASTHAN Vs. BENI PRASAD SHARMA

JUDGEMENT

(1.) THE short, though ticklish question for decision in all these cases is whether the essential requirement of obtaining the prescribed minimum qualifying marks separately in the viva voce or personality test for being included in the select list is arbitrary so as to invalidate that provision which results at times in excluding from entry into the State services candidates who would otherwise be even at the top of the select list. It has been candidly stated by the learned Additional Advocate General that this requirement of obtaining minimum qualifying marks in the viva voce test no longer survives even for the corresponding Central Services Examination held by the Union Public Service Commission and the other States except two in addition to Rajasthan. It may be mentioned that such a requirement was initially prescribed by the Union Public Service Commission for the Central Services, but the same no longer exists for several years now. THE report of the Committee on Recruitment policy and Selection Methods headed by Dr. D. S. Kothari, known popularly as the Kothari Report of 1976 also made this recommendation for removing this embargo in case of such candidates of this age group who are subjected to a detailed written test as well. THE question has to be examined in this background.

(2.) AT this stage it would be appropriate to quote the provisions, the validity of which has been challenged in these matters, which were heard together, since they involve the same point for decision even though they relate to different services in the State of Rajasthan. The impugned provisions which are substantially the same and prescribe the aforesaid essential requirement for being selected into any of these services are contained in different set of rules regulating entry to several services in the State. Relevant extract from these rules are as under:- The Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962. "15. Recommendations of the Commission.- (1) The Commission shall prepare for each Service, a list of the candidates arranged in order of merit of the candidates as disclosed by the aggregate marks finally awarded to each candidate. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange their names in the order of merit on the basis of their general suitability for the service; Provided that:- (i) the Commission shall not recommend any candidate for the R. A. S. / R. P. S. who has failed to obtain a minimum of 33% marks in the personality and viva voce examination and a minimum of 50% marks in the aggregate. It shall also not recommend any candidate for other services who has failed to obtain a minimum of 45% marks in the aggregate. (ii) - (2) Notwithstanding anything contained in proviso (i), the Commission shall in case of candidates belonging to the Scheduled Castes or Scheduled Tribes recommend the names of such candidates, upto the number of vacancies reserved for them from amongst those who have qualified for interview, even if they fail to obtain the minimum marks in viva voce or the aggregate prescribed under proviso (i) above. " The Rajasthan Administrative Service Rules, 1954: "25. Recommendations of the Commission:- The Commission shall prepare a list of the candidates recommended by them for direct recruitment in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange them in order of merit on the basis of their general suitability for Service. The Commission may award grace marks upto 1 in any one or more of the compulsory papers and upto 3 in the aggregate to enable a candidate to qualify at the examination who might otherwise have not qualified in the said examination: Provided (1) that the Commission shall not recommend any candidate who has failed to obtain a minimum of 33% marks in the personality and viva voce examination and a minimum of 50% marks in the aggregate. (Except that the Commission may recommend candidates belonging to the Scheduled Castes and the Scheduled Tribes, who, though, failing to obtain these minimum marks, are declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration.)" The Rajasthan Police Service Rules, 1954: "25. Recommendations of the Commission:- The Commission shall prepare a list of the candidates recommended by them for direct recruitment in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange them in order of merit on the basis of their general suitability for service: The Commission may award grace marks upto 1 in any one or more of the compulsory papers and upto 3 in the aggregate to enable a candidate to qualify at the Examination who might otherwise have not qualified in the said examination: Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of 33% marks in the personality and viva voce examination and a minimum of 45% marks in the aggregate. Except that the Commission may recommend candidates belonging to the Scheduled Castes and the Scheduled Tribes, who, though, failing to obtain these minimum marks, are declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration. The Rajasthan Forest Service Rules. 1962 : " 25. Recommendations of the Commission: (1) The Commission shall prepare a list of the candidates recommended by them for direct recruitment to the Service in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange them in the order of merit on the basis of their general suitability for the Service: Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of 33% marks in the personality and viva voce examination and a minimum of 50% marks in the aggregate. (2) Notwithstanding anything contained in the proviso the Commission may in case of candidates belonging to the Scheduled Castes or Scheduled Tribes recommend the names of such candidates upto the number of vacancies reserved for them from amongst those who have qualified for interview even if they fail to obtain the minimum marks in the personality and viva voce examination or in the aggregate prescribed under the aforesaid proviso. The Rajasthan Forest Subordinate Service Rules, 1963 : " 20. Direct Recruitment of Ranger Grade-I : (a)to (f ). . . . . . . . . . . . . . . . . . . . . . . . . . . (g) Recommendations of the Commission:- The Commission shall prepare a last of the candidates arranged in order of merit as disclosed by their aggregate marks finally awarded to each candidate. If two or more of such candidates obtain equal marks in the aggregate the Commission shall arrange them in order of merit on the basis of their general suitability for service. The Commission shall recommend to the Chief Conservator upto twice the number of candidates in order of merit as are to be sent for the training. Provided that: (i) The Commission, shall not recommend any candidate who has failed to obtain a minimum of 33% marks in the personality and viva voce examination and minimum of 45% marks in aggregate. (ii) the Commission shall, in the case of candidates belonging to Scheduled Castes or Scheduled Tribes recommend the names of such candidates upto the number of vacancies reserved for them from amongst those who have qualified for interview, even if they fail to obtain the minimum marks in the aggregate. " (emphasis supplied)

(3.) AS earlier stated, no further facts are necessary for deciding these cases, since these are the only material facts for deciding the real point in controversy. The decision of this point will determine the mode of preparation of the list of selected candidates.