ivil Appeals Nos
1261 1264 of 1975
From the Judgment and Order dated 1271975 of the Karnataka High Court in Writ Petition Nos
1607 1608 and 273974 respectively
VP Raman Addl
in CA
126175 and BRGK Achar In CAs
1261 126475 for the Appellants
DV Patel In CA
126175 SS Khanduja  SK Jain for Respondents 1 2 in CA
126175 and Respondent No 1 in CAs
2263 126475
VP Raman Addl
General and Girish Chandra for Intervener in CA 126175
The Judgment of the Court was delivered by GUPTA J
These are four appeals brought on certifi cates of fitness granted by the High Court of Karnataka
The question which according to the High Court needs to be decided by this Court was framed as follows whether in the personality test of candi dates for selection to public appointments the selecting authority should allot separate marks for each of the seven qualities required to be judged in a candidate or whether it is permissible for the selecting authority to allot marks in a lump in each personality test
 Considering the facts of these cases which we will presently state the question seems to have been framed a little too broadly
The Karnataka Public Service Commission called the Commission hereinafter by its notification dated Sep tember 7 1972 called for applications for the combined competitive examinations under the Karnataka Recruitment of Gazetted Probationers Class I and II Post appointment by Competitive Examinations Rules 1966
In response to this notification the respondents in these appeals along with others applied for selection
The Commission held a written examination followed by a personality test as pro vided by rule 9 of the rules and sent a list of 30 candi dates whom they selected for appointment as class I gazetted probationers and another list of 88 candidates for appoint ment as class II gazetted probationers
The manner in which the personality test is to be held is laid down in Part IV of Schedule 11 to Rules the relevant portion of which is as follows Personality test carrying a maximum marks of 200 for all Services
The candidates will be interviewed by the Commission who will have before them their particulars such as qualification experience age etc
They will be asked questions of general interest the object of the viva voce is to assess the personal suitability of the candi dates for
the service or services for which they have applied
The 325 qualities to be judged at the time of viva voca are the mental alertness critical powers of assimila tion clear and logical exposition balance of judgment variety and depth of interest ability for social cohesion and leadership and intellectual depth of the candidates
 Five of the respondents in the four different appeals who were not selected M Farida PV Mohan BR Kulkarni LV Dharmayat and MR Devappa had applied for the posts of gazetted probationers class II two of them Farida and Mobart were also applicants for the class I post
They filed writ petitions in the Karnataka High Court Farida and Mohan jointly and each of the three others separately challenging the selec tions made
Their common grievance was that the personality test held by the Commission was invalid as the selection committee did not award separate marks for each of the seven qualities which were required to be judged in the candidates at the test
Admittedly the selection committee did not allot separate marks for each of the specified qualities but awarded a block mark to each candi date in assessing his personality with reference to those qualities
The argument for the writ peti tioners in the High Court was that the personality test as required under the Rules was an objective test based upon seven factors or criteria and therefore it was essential that separate marks were allotted in respect of each such factor or criterion
In support of this contention reliance was placed on a decision of the Mysore High Court DG Viswanath vs Chief Secretary Government of Mysore 1 and the decision of this Court in A Periakaruppan  Anr
vs State of Tamil Nadu  Ors
2 which appears to affirm the view expressed in Viswanath s case
On behalf of the State of Karna taka it was contended that the seven qualities referred to in Part IV of schedule II were merely different facets of the integrated personality of a candidate which could not easily be demarcated from one another and therefore awarding a block mark on an appraisal of the personality of the candidate as a whole was the correct method
The High Court found that there was considerable force in the contention of the learned Government advocate but felt that in view of the decision in Periakatup pan s case the writ petitions must succeed and by a common judgment allowed the petitions directing the State of Karnataka and the commission to hold a fresh personality test
These appeals arise out of these four writ petitions
In Periakaruppan s case this Court was consid ering a case of admission to certain medical col leges in the State of Tamil Nadu
In that case the selection committees were authorised to give a maximum of 75 marks at the interview on the basis of the following tests 1
Sports or National Cadet Corps activities 2
Extra curricular special services 3
General physical condition and endurance 4
General ability and 5
Aptitude
1 19631 2 Mysore LJ 302
2 19711 2 SCR 430
326 periakaruppan s case came up on a writ petition before this Court
The petitioners in that case challenged the selections inter alia on the ground that the selections were manipulated by the Government
This Court came to the conclusion that the allegations of malafide had not been estab lished but by its judgment and order dated Septem ber 23 1970 directed the State of Thamil Nadu to constitute a separate committee for selection on the view that as the previous selection committee had not divided the interview marks under the aforesaid five different heads but awarded marks in a lump the interview was vitiated
This Court accordingly ordered that the Committee should allot separate marks under the five heads mentioned in the rule
periakaruppa s case approved the decision of the Mysore High Court in Viswanath s case
The Mysore High Court had held that it could not be said that the Government had conferred an unguided power on the selection committees and therefore in the absence of specific allocation of marks for each head it must be presumed that the Government considered that each of the heads should carryas being equal in importance to any other and that it must be inferred that the intention of the Government was that each one of those heads should carry equal marks
It appears that periakaruppan came to this Court a second time challenging the selection made by the new selection Committee constituted pursuant to the order of this Court dated September 23 1970 one of the grounds of challenge was that despite the direction in the earlier judgment the selection committee did not distribute the interview marks equally among the five heads
The second writ petition made by periakaruppan also succeeded and this Court again quashed the impugned selection
1 Mr Raman Additional Solicitor General of India appearing for the appellants and the inter vener Union Public Service Commission sought to distinguish parliakaruppan s case from the cases before us on the same ground on which the Government Advocate made a similar attempt in the High Court
Mr Raman submitted that admission to technical or professional courses with which peria karuppan s case was concerned stood on a different footing from selection of candidates for adminis trative services as in these cases
It was argued that the test in the former case may be regarded as an objective test but in the latter it has to be subjective because the qualities specified here are intangible qualities
We do not think it is possible to distinguish periakaruppan s case on this ground
For as pointed out in the judgment under appeal some of the qualities for test in Viswanath s case which periakaruppan approved were also intangible like aptitude and personali ty
Further even where the qualities to be tested are intangible qualities if the relevant rule required that separate marks should be allotted for each the interviewers have to follow the rule and do the best under the circumstances
Whether a block mark should be given after the interview on a consideration of the qualities evinced by a candidate or marks are to be allotted separately under each head depends in our opinion upon the rule regulating the examination
In periakaruppan s case it was held that the inten tion of the Government was that each of the 327 specified qualities should carry equal marks
In these appeals we have not been called upon to decide whether the rule concerned in Periakarup pan s case was correctly interpreted
We do not however think that it would be correct to assume as a general proposition that in every case where the interviewing body is asked to take into considera tion several specified qualities they must be of equal value and separate marks should be allotted under each head on the contrary in our opinion where the rules do not contain a clear direction it would be reasonable in such cases to suppose that the intention is that there should be a block assessment on an integrated test
It was observed in Periakaruppan s case that conceding to the selection committee the right to award block marks would enable the selection committee to act arbi trarily and allot marks as it pleased
It is not clear how the position is altered if the committee has to allot marks separately under each head if it wished to proceed as it pleased
On this point it may be relevant to refer t what this Court said in R Chitralekha and Anr
vs State of Mysore  Ors
1 In the field of education there are diver gent views as regard the mode of testing the capacity and calibre of students in the matter of admissions to colleges
Orthodox educationists stand by the marks obtained by a student in the annual examination The modern trend of opinion insists upon other additional tests such as inter view performance in extra curricular activities personality test psychiatric tests etc
Obviously we are not in a position to judge which method is preferable or which test is the correct one
If there can be manipulation or dishonesty in allot ting marks at interviews there can equally be manipulation in the matter of  awarding marks in the written examinations
In the ultimate analy sis whatever method is adopted its success depends on the moral standards of the members constituting the selection committee and their sense of objec tivity and devotion to duty
This criticism is more a reflection on the examiners than on the system itself
The scheme of selection however perfect it may be on paper may be abused in practice
That it is capable of abuse is not a ground for quashing it
 We do not think that the total arrived at by adding up the separate marks awarded for the different qualities is always a true measure of a candidate s suitability
An illustra tion from Periakaruppan s case would serve to clarify the point
Of the five qualities mentioned there suppose a candidate secures full 15 marks for extra curricular activi ties but fails to get any credit under any of the other four heads and another candidate gets a few marks under each head aggregating say 14 marks one mark less than the total marks secured by the first candidate
Which of the two should be considered more qualified for admission to medical profession  It would take great courage we think to hold that the candidate who secured 15 marks was more suitable
1  p 382
5 104SCI76 328 The question therefore is whether rule 9 read with Part IV of Schedule 11 of the Mysore Recruitment of Gazetted Probationers Class I and II Posts Appointment by Competi tive Examinations Rules 1966 required the selection committee to award separate marks for the seven qualities mentioned in Part IV
Rule 9 so far as it is relevant for the present purpose says that the Commission shall call for a personality test five times the number of candidates as there are vacancies in the services in the order of merit on the basis of the results of written papers
Personality is commonly understood as an aggregate of traits that identifies a person and distinguishes him from others
Quite often with some practical aim like selecting the most promising students for admission to particular courses or picking out the suitable ones from a group of job applicants emphasis is laid some of the attributes
The end result may not be an assessment of the whole per sonality but attributes are abstracted for study in an attempt to evaluate the man for the purpose in view
Part IV of Schedule 11 which provides the details of the test calls it a personality test the object of which is to assess the personal suitability of the candidates for the service or services for which they have applied
The candidates will be asked questions of general interest on the answers to which it appears the assessment would depend
It is further provided that the qualities to be Judged are mental alertness critical powers of assimila tion clear and logical exposition balance of judgment variety and depth of interest ability for social cohesion and leadership and intellectual depth
It seems to us in the context that the qualities are mentioned only as guide as indicating the attributes to be kept in view in assess ing the personality of the candidates
It seems hardly possible in the test contemplated to allocate separate marks for each of the various qualities specified because most of them overlap one another and are so intermixed that they cannot be separated Also the test carries a maximum mark of 200 it seems a little absurd to suppose that the seven qualities to be judged at the interview are of equal value each carrying 28 47 marks
This further confirms the view that Part IV of Schedule 11 never intended that separate marks should be allotted for the several qualities stated therein
Reading Rule 9 with Part IV of Schedule 11 we are of opinion that the interviewing body was required to award a block mark on a total impression of the personality of each candidate after giving due consideration to the seven qualities specified in Part IV
For these reasons we think that the appeals should succeed
We therefore allow the appeals and dismiss the writ petitions
There will be no order as to costs PBR Appeals allowed


Summary:
Rule 9 of the Karnataka Recruitment of Gazetted Proba tioners Class I and II Posts appointment by Competitive Examinations Rules 1966 Prescribes a written examination for selection of candidates for the service followed by a personality test
The qualities to be judged at the time of viva voce stipulated in Part IV of Schedule II to the rules are mental alertness critical powers of assimilation clear and logical exposition etc
In their writ petitions before the High Court the re spondents who were the unsuccessful candidates in the selections impugned the personality test on the ground that the Selection Committee did not award separate marks for each of the _seven qualities required to be judged in the candidates at the test
Following the decision of this Court in A Periakaruppan  Anr
vs State of Tamil Nadu  Ors
the High Court allowed the petitions and directed the Service Commission to hold a fresh personality test
On the question whether r 9 read with Part IV of Sched ule 1I required the Selection Committee to award separate marks for the seven qualities Allowing the States appeal HELD 1 It would not be correct to assume as a general proposition that in every case where the interviewing body is asked to take into consideration several specified quali ties
they must be of equal value and separate marks should be allotted under each head
Where the rules do not contain a clear direction it would be reasonable to suppose that the intention is that there should be a block assessment on an integrated test
327 B In the instant case the interviewing body was required to award a block mark on a total impression of the personal ity of each candidate giving due consideration t0 the seven qualities specified in Part IV
Part IV of the Schedule never intended that separate marks should be allotted for the seven qualities stated therein
328 F 2 Personality is commonly understood as an aggregate of traits that identifies a person and distinguishes him from others
Quite often with some practical aim
emphasis is laid on some of the attributes
The end result may no be an assessment of the whole personality but attributes are abstracted for study in an attempt to evaluate the man for the purpose in view
328 C In the instant case the qualities are mentioned only as guide as indicating the attributes to be kept in view in assessing the personality of the candidates
It is hardly possible in the test contemplated to allocate separate marks for each of the various qualities specified because most of them overlap and are so intermixed that they cannot be separated
The test carries a maximum mark of 200 it is a little absurd to suppose that the seven qualities to be judged at the interview are of equal value each carrying 28 47 marks
328 E A Periakaruppan  Am 
vs State of Tamil Nadu  Ors
19711 2 SCR 430 distinguished and held inapplicable
324 R Chitralekha and Anr
vs State of Mysore  Ors
  382 referred to