Case: Sri Srinivas K Gouda Vs. Karnataka Institute of Medical Sciences &amp; Ors

Selection Committee on differentiating between work experience in a private and government institute was that those who had worked in a government institute would be more suitable for the post due to the similarity of working conditions owing to the fact that the first respondent is a government medical institution. 16. It is in this background that we need to determine whether the marks allotted to the appellant in the category of experience and personality are arbitrary. The appellant at the time of submitting the application had a one year work experience in Babuji Medical College, Devanagere (a private institution) and three years of work experience with the first respondent. On the other hand, the respondent at the time of the application, had six months experience of working under a doctor who was undertaking private practice. Not only did the appellant have more years of work experience, he had work experience in a governmental institution. Hence, the marks awarded to the third respondent and the appellant bore a nexus to the yardstick determined by the Selection Committee. It is not the case of the third respondent that the appellant was given more marks for experience despite having less work experience. On a comparison of the marks allotted to both the candidates with reference to the yardstick determined by the Selection Committee, no mala fides could be imputed to the Selection Committee. Nor is there an obvious or glaring error or perversity. The Court does not sit in appeal over the decision of the Selection Committee. 17. During the course of his submissions, counsel for the third respondent referred to the judgments of this Court in K Manjusree v. State of Andhra Pradesh (2008) 3 SCC 512 and Bishnu Biswas v. Union of India (2014) 5 SCC 774 . In K Manjusree, in issue was the selection of candidates to ten posts of District and Sessions Judge (Grade II) in the Andhra Pradesh State Higher Judicial Service. The first merit list was prepared by cumulating the marks obtained in the written examination out of hundred and the interview marks out of twenty five. However, when the merit list was placed before the committee, the list was sent back for reconsideration on the ground that the marks for the written test were to be converted to eighty five. Further, the committee also introduced a minimum mark qualification for the interview. Therefore, the ratio of written (examination) and oral (interview) marks was changed from 4:1 to 3:1 and an additional requirement of minimum marks for the interview was introduced. This was challenged by candidates who were in the first merit list but were left out in the second merit list. The change in the ratio of marks from 4:1 to 3:1 was upheld by this Court on the ground that the resolution of the committee was misinterpreted while publishing the first merit list based on the 4:1 ratio. However, the Court held that the prescription of minimum marks for interview was illegal since such an additional requirement was prescribed after the commencement of the selection process. In this regard, Justice Raveendran writing for a three judge Bench observed: 33. […] We have no doubt that the authority making rules regulating the selection, can prescribe by rules, the minimum marks both for the written examination and interviews, or prescribe minimum marks for written exam but not for the interview[…]. But if the Selection Committee wants to prescribe minimum marks, it should do so before the commencement of selection process. If the Selection Committee prescribed minimum marks only for the written examination, before the commencement of selection process, it cannot either during the selection process or after the selection process, add an additional requirement.[…]. 18. In Bishnu Biswas (supra), the rules had provided that candidates for eight Group D posts would be selected based on the written exam of fifty marks. However, after the written exam was held, a press notice was issued calling successful candidates for an interview for which fifty marks were allotted. Referring to various judgments of this Court including Manjusree (supra), the selection list was quashed on the ground that the rules of the game (by including the interview component) had changed after the selection process was initiated. 19. As we have noted earlier, the respondent had not challenged the selection list or the inclusion of the experience and the interview component for the determination of the merit list in the Writ Petition but had only sought his appointment within the criteria prescribed. Hence, the reliance placed by the respondent on Bishnu Biswas and Manjusree would not aid the case of the third respondent. 20. The Division Bench of the High Court set aside the appointment of the appellant on two grounds. First, the marks provided for candidates at the interview and for experience category were held to be arbitrary. To arrive at this conclusion, the Division Bench referred to the entire select list and found alleged discrepancies in the allotment of the marks for experience and a pattern where all the selected candidates were given higher marks for experience and at the interview. Second, the Division Bench held that the advertisement issued by the first respondent did not mention the criterion of work experience but only provided the minimum educational qualifications. Thus, it held that the rules of the game were changed after the process had started. The appointment of the appellant was set aside by the Division Bench by finding that the additional selection criteria devised and the marks provided in those criteria were arbitrary. As observed earlier, the selection list was not challenged by the respondent. His only ground for challenge was that he had to be selected since he was more meritorious as he had better qualifying marks. Therefore, determining the legality of the selection list and perusing the entire selection list to determine whether the selection of the appellant was arbitrary was erroneous as the Division Bench transgressed the limits of challenge in the writ petition.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 1

Reasoning from the judgment:
1[ds]The third respondent did not challenge the entire selection list dated 20 April 2009. He challenged the appellants selection and sought a direction for his appointment in place of the appellant. The third respondent did not challenge the entire selection since he and the appellant had applied under the same category, namely Category 1 – OBC. The basis of the claim of the third respondent to the post was that since he had secured higher marks as compared to the appellant in the qualifying examination in the Lab Technicians course, he ought to have been selected for the post.Since the order of the Single Judge in Nagaraj has not been appealed, it has attained finality and thus the marks allotted to candidates in other categories cannot be scrutinised to cast doubt on the selection in Category 1.The appellant at the time of submitting the application had a one year work experience in Babuji Medical College, Devanagere (a private institution) and three years of work experience with the first respondent. On the other hand, the respondent at the time of the application, had six months experience of working under a doctor who was undertaking private practice. Not only did the appellant have more years of work experience, he had work experience in a governmental institution. Hence, the marks awarded to the third respondent and the appellant bore a nexus to the yardstick determined by the Selection Committee. It is not the case of the third respondent that the appellant was given more marks for experience despite having less work experience. On a comparison of the marks allotted to both the candidates with reference to the yardstick determined by the Selection Committee, no mala fides could be imputed to the Selection Committee. Nor is there an obvious or glaring error or perversity. The Court does not sit in appeal over the decision of the Selection Committee.In K Manjusree, in issue was the selection of candidates to ten posts of District and Sessions Judge (Grade II) in the Andhra Pradesh State Higher Judicial Service. The first merit list was prepared by cumulating the marks obtained in the written examination out of hundred and the interview marks out of twenty five. However, when the merit list was placed before the committee, the list was sent back for reconsideration on the ground that the marks for the written test were to be converted to eighty five. Further, the committee also introduced a minimum mark qualification for the interview. Therefore, the ratio of written (examination) and oral (interview) marks was changed from 4:1 to 3:1 and an additional requirement of minimum marks for the interview was introduced. This was challenged by candidates who were in the first merit list but were left out in the second merit list. The change in the ratio of marks from 4:1 to 3:1 was upheld by this Court on the ground that the resolution of the committee was misinterpreted while publishing the first merit list based on the 4:1 ratio. However, the Court held that the prescription of minimum marks for interview was illegal since such an additional requirement was prescribed after the commencement of the selection process. In this regard, Justice Raveendran writing for a three judge Bench observed:33. […] We have no doubt that the authority making rules regulating the selection, can prescribe by rules, the minimum marks both for the written examination and interviews, or prescribe minimum marks for written exam but not for the interview[…]. But if the Selection Committee wants to prescribe minimum marks, it should do so before the commencement of selection process. If the Selection Committee prescribed minimum marks only for the written examination, before the commencement of selection process, it cannot either during the selection process or after the selection process, add an additional requirement.[…].18. In Bishnu Biswas (supra), the rules had provided that candidates for eight Group D posts would be selected based on the written exam of fifty marks. However, after the written exam was held, a press notice was issued calling successful candidates for an interview for which fifty marks were allotted. Referring to various judgments of this Court including Manjusree (supra), the selection list was quashed on the ground that the rules of the game (by including the interview component) had changed after the selection process was initiated.19. As we have noted earlier, the respondent had not challenged the selection list or the inclusion of the experience and the interview component for the determination of the merit list in the Writ Petition but had only sought his appointment within the criteria prescribed. Hence, the reliance placed by the respondent on Bishnu Biswas and Manjusree would not aid the case of the third respondent.20. The Division Bench of the High Court set aside the appointment of the appellant on two grounds. First, the marks provided for candidates at the interview and for experience category were held to be arbitrary. To arrive at this conclusion, the Division Bench referred to the entire select list and found alleged discrepancies in the allotment of the marks for experience and a pattern where all the selected candidates were given higher marks for experience and at the interview. Second, the Division Bench held that the advertisement issued by the first respondent did not mention the criterion of work experience but only provided the minimum educational qualifications. Thus, it held that the rules of the game were changed after the process had started. The appointment of the appellant was set aside by the Division Bench by finding that the additional selection criteria devised and the marks provided in those criteria were arbitrary. As observed earlier, the selection list was not challenged by the respondent. His only ground for challenge was that he had to be selected since he was more meritorious as he had better qualifying marks. Therefore, determining the legality of the selection list and perusing the entire selection list to determine whether the selection of the appellant was arbitrary was erroneous as the Division Bench transgressed the limits of challenge in the writ petition.