Case: Koshal Kumar Gupta and Others Vs. State of Jammu and Kashmir and Others

A Regional Engineering College has been set up at Srinagar in the State of Jammu and Kashmir. Third respondent, Principal of the College by a public advertisement dated March 13, 1982 invited applications for admission to the Bachelor Degree Engineering Course for 1982-83 session not only in the Regional Engineering College, Srinagar but also in eleven Regional Engineering Colleges set up in different States. Candidates seeking admission had to fulfill the following requirements. They were required to appear at (i) a joint entrance examination in four papers viz. Physics, Chemistry, Mathematics and English; (ii) candidates who qualify in the written test had to appear at a viva-voce test; (iii) the selections were to be based on the combined performance in the written and viva-voce examination ; and (iv) the seats reserved for specified categories were also shown. Pursuant to this advertisement, the petitioners applied and were admitted to the written test and on being found qualified, they were called for viva-voce test. The challenge is to the manner, the method and the number of marks assigned for the viva- voce test. Broadly stated, the allegations were that reservation of 15 marks for viva-voce test conferred arbitrary, unguided and uncannalised power on those conducting the viva-voce test and that reservation of 15 marks for viva-voce test would have the pernicious tendency of affecting the merit disclosed by the marks obtained at written examination. There were other allegations which do not merit examination.On rule nisi being issued, respondents Nos. 1 to 3 appeared and one Dr. O.N. Koul, Head of the Mechanical Engineering Department (Coordinator Admissions for session 1982-83), Regional Engineering College, Srinagar filed an affidavit in op position on behalf of the Principal of the College. After pointing out that 85 marks were assigned for written examination and 15 for viva-voce test, it was further pointed out that in order to avoid any charge of arbitrariness being levelled against the Selection Committee 15 marks assigned for viva-voce test were further split-up under four heads, namely, (i) Science-5 marks (ii) General knowledge-4 marks (iii) Curricular Activities-3 marks and (iv) personality test-3 marks. It was pointed out that ultimately out of a total of 100 marks, only 3 marks were assigned for personality test and this is the area where if at all, discretion can be exercised which may not be reviewable on any documentary evidence. In respect of the three other heads, it was pointed out that the Selection Committee prepared cards on each of which a question was typed referable to the 4 subjects, namely, Physics, Chemistry, Mathematics and General Knowledge. and they were kept in 4 different boxes. When the candidate entered the room for interview, he was required to pick up at random one card from each of the four boxes, each box containing atleast 150 cards and answer the question. A tape recorder was kept on the table in front of the members of the Selection Committee and the candidate appearing for the interview and the two-way dialogue was recorded in full. Marks were assigned under each head of viva-voce test depending upon the merit of the answer. There after, the merit list was prepared on the basis of the total marks obtained at written test and the viva-voce test and it was strictly adhered to save and except for reserved seats where also persons seeking admission to reserved seats had to stand in queue as in the merit list.At the hearing of these petitions, the respondents Nos. 1 to 3 produced before the Court the cards on which questions were typed, the cassette and a tape recorder. They also produced the entire merit list with marks obtained by each candidate. The court at random directed them to point out which card was picked-up by one of the candidates from amongst the petitioners and then play the cassette on which his interview was taped.

Court's reasoning:
We must record our appreciation that respondents Nos. 1 to 3 have practically set at naught drawbacks and deficiencies in oral interview as pointed out by this Court. The viva-voce test conducted must be held to be fair, free from the charge of arbitrariness, reasonable and just.Undoubtedly, the expectation of the Court which frowns upon anything arbitrary or unreasonable has added to the workload of the Selection Committee. But today when there is rush for admission to Engineering Colleges like the Ceasars wife, the selection must be objective and beyond reproach. That has been scientifically achieved in this case. We hope that bodies charged with the difficult task of ascertaining merits for admission will take cue from what has been done by respondents Nos. 1 to 3 and the lead provided by them in this field would restore faith of young aspirants in the system. Therefore, the Court dismissed the writ petition and the transferred cases.