Case: Union of India and Another Vs. Ashutosh Kumar Srivastava and Another

marks out of 25 marks for the record of service also he must secure a minimum of 30 marks out of total 50 marks in the viva voce test; that there is no separate allocation of marks for personality, leadership, address, academic and technical qualifications etc. respondent No. 2 also filed an affidavit denying that he was related to Shri Sanjai Mittal. Respondent No. 1 thereafter filed a rejoinder affidavit alleging that respondent No. 2 is a cousin of one Shri J.P. Goel, who is the father-in-law of Shri Sanjai Mittal and that Shri J.P. Goel is also a senior batch-mate of respondent No. 2 in Roorkee University. 5. The Tribunal approached the matter in a rather strange way. Firstly, it took into consideration the allegation made by respondent No. 1 that Shri Sanjai Mittal is related to respondent No. 2. On that aspect no finding was recorded by the Tribunal, but it noted as follows :- "Thus, it is clear that Shri Sanjai Mittal, whether or not he was related to the respondent No. 3 was working as Secretary to respondent No. 3 on the date when the viva-voce test took place." 6. And, thereafter, the Tribunal referred to the transcript of tape indicating that during the course of viva voce test respondent No. 3 called his Secretary and told him that the applicant had only been in Vigilance Department and had no exposure to the filed work and, therefore, should be posted in the first as Inspector of Works. Thus, the association of respondent No. 2 and his Secretary was taken by the Tribunal to be sufficient to vitiate the interview. 7. In the first place, the Tribunal should have given a definite finding as to whether Shri Sanjai Mittal was related to respondent No. 2 or not and, if that ground failed, it should not have allowed respondent No. 1 to change his stance that somehow and in some other manner Shri Sanjai Mittal is connected with respondent No. 2. The Tribunal should not have proceeded on line proving moral indicated on one of Aescops Fable of the lamb and the wolf when the complaint was that the stream was being polluted by the lamb and if not by it by any of its forefathers. The approach of the Tribunal in this regard is by no reason good enough to chastise the said respondent No. 2 and condemn the proceedings conducted not only by him but other officers who are of equivalent rank. There is always a presumption in favour of administration that it exercises powers in good faith and for public benefit. The burden is on the individual to produce sufficient material to suggest of the mala fides of the concerned authority and it is not easy to discharge the same. 8. The Tribunal considered the tape recorded part of the interview and noticed as follows : "There is nothing wrong about the questions which sought to elicit the Applicants experience as the same is very relevant to his ability or the lack of it to handle work situations in the higher post. It is, however, the manner in which disparaging remarks were made about the Applicants lack of field experience which tends to indicate that the purpose of the question was not merely to elicit facts. That part (aparty ?), the very fact that the Secretary was called in during the interview the (and ?) was told about lack of field experience on the part of the applicant, is quite strange and cannot but give an impression that the Chairman of the Board was not making an objective assessment of the applicants mental attributes which are really the purpose of the viva voce test." On the basis, the Tribunal concluded that it was highly probable that the Secretary could have influenced the Chairman of the Selection Committee against respondent No. 1. This approach of the Tribunal is once again plainly fallacious. Firstly, the allegation was that the Chairman was biased because of his close relationship with Shri Sanjai Mittal and thereafter the proximity of the Secretary was considered sufficient to influence the Chairman of the Selection Committee. If this kind of approach is allowed, no administration can be safe and, therefore, we do not appreciate the manner in which the Tribunal proceeded in this matter.8. The Tribunal proceeded further to consider in what manner the interview should have been conducted, whether the marks should have been allotted in a particular manner or otherwise and whether awarding 3 marks out of total 25 marks was justified in the present case or not. So long as the bias of the Selection Committee could not be proved, the only aspect that the Tribunal ought to have considered was whether there was compliance with the relevant rules in the conduct of interview. 9. The Tribunal upheld the contention of the appellants that allotment of marks need not be faculty-wise and it is open to the members of the Selection Committee to make an over all assessment of the interviewed candidate. Again, the contention as regards tape-recording the questions and answers urged on behalf of respondent No. 1 was rejected. The Tribunal observed that over all assessment made by the Selection Committee and allocation of lump sum marks for the same, taken by itself, cannot be considered to have vitiated the test. However, the Tribunal proceeded to make its own assessment of respondent No. 1 by reference to his experience as a trainee for a commissioned post in Defence Services and what marks should have been alloted to him. The Tribunal also sat in judgment as to whether for academic and technical qualifications the marks allotted by the appellants to respondent No. 1 are justified or not.10. The Tribunal ought to have considered the matter in right perspective by considering the various contentions raised in the matter and not sit in judgment over the interview and allotted marks on its own and given the directions in the manner it did.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]On the basis, the Tribunal concluded that it was highly probable that the Secretary could have influenced the Chairman of the Selection Committee against respondent No. 1. This approach of the Tribunal is once again plainly fallacious. Firstly, the allegation was that the Chairman was biased because of his close relationship with Shri Sanjai Mittal and thereafter the proximity of the Secretary was considered sufficient to influence the Chairman of the Selection Committee. If this kind of approach is allowed, no administration can be safe and, therefore, we do not appreciate the manner in which the Tribunal proceeded in this matter.8. The Tribunal proceeded further to consider in what manner the interview should have been conducted,whether the marks should have been allotted in a particular manner or otherwise and whether awarding 3 marks out of total 25 marks was justified in the present case orng as the bias of the Selection Committee could not be proved, the only aspect that the Tribunal ought to have considered was whether there was compliance with the relevant rules in the conduct of interview.The Tribunal upheld the contention of the appellants that allotment of marks need not beand it is open to the members of the Selection Committee to make an over all assessment of the interviewed candidate. Again, the contention as regardsthe questions and answers urged on behalf of respondent No. 1 was rejected. The Tribunal observed that over all assessment made by the Selection Committee and allocation of lump sum marks for the same, taken by itself, cannot be considered to have vitiated the test. However, the Tribunal proceeded to make its own assessment of respondent No. 1 by reference to his experience as a trainee for a commissioned post in Defence Services and what marks should have been alloted to him. The Tribunal also sat in judgment as to whether for academic and technical qualifications the marks allotted by the appellants to respondent No. 1 are justified or not.10. The Tribunal ought to have considered the matter in right perspective by considering the various contentions raised in the matter and not sit in judgment over the interview and allotted marks on its own and given the directions in the manner it did.