ARCHANA RAI Vs. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, THE DIRECTOR, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, HIGHER EDUCATION

JUDGEMENT

(1.) THE present petition has been preferred for challenging the non -selection of the present petitioner by the Jharkhand Public Service Commission as a Lecturer. In pursuance of the public advertisement dated 31st January, 2007, the petitioner appeared in the viva -voce (sic) and, thereafter, she was evaluated by the Interviewing Committee and looking to the over all performance of the present petitioner, the marks were allotted and were arranged in seriatim. Learned Counsel for the petitioner submitted that fixation of 40% of the marks for the viva -voce test is an arbitrary action and, therefore, the selection process of the respondents for the post of Lecturer deserves to be quashed and set aside. 10/5/2014 Page 194 Sunanda Nandi Versus State Of Jharkhand

(2.) THIS issue has already been decided by this Court in various writ petitions like in W.P. (C) No. 270 of 2008 decided on 20th March, 2009 and likewise in W.P. (C) No. 881 of 2008 with W.P. (C) No. 1069 of 2008 decided on 21st July, 2009 as well as in W.P. (S) No. 6251 of 2008 decided on 9th October, 2009 and in W.P. (S) No. 904 of 2008 decided on 25th August, 2009. In all these writ petitions, it has been held by this Court that fixation of 40% marks in viva -voce test is not an arbitrary action mainly for the reason that under Section 57(2)(b) of the Jharkhand State Universities Act, 2000, the procedure has been prescribed for the selection and there is no written test prescribed for the selection on the post of Lecturer and, therefore, viva -voce test is the only test, fixed by the Jharkhand Public Service Commission. Thus, the judgments upon which the counsel for the petitioner is relying upon are not applicable of the facts of the present case. The reasons given in the aforesaid decisions are accepted by this Court for approving the fixation of 40% of marks for viva -voce test. It has been held by this Court in paragraphs 3, 4 and 5 in W.P. (C) No. 881 of 2008 with W.P. (C) No. 1069 of 2008 vide order dated 21st July, 2009 are as under:

(3.) THERE is also one more reason for allotment of 40% marks for the viva -voce test. A cardinal principle for taking viva -voce test is to check the suitability of the candidate for the relevant post. Higher percentage of marks during graduation or post graduation sometimes is not helpful for the appointment on the post. Academic qualification is not the sole criteria. Whether the candidate is promptly giving answer or not, what type of 10/5/2014 Page 195 Sunanda Nandi Versus State Of Jharkhand behaviour the candidate is having, what is the temperament of the candidate, especially when cornered questions are asked, tolerance power of the candidate and promptness and presence of mind and such other abilities will be checked in viva -voce test and, therefore, oral interview and its fixation of marks of 40% in the facts of the present case can not be labelled as an arbitrary action.