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UNION OF PUBLIC SERVICE COMMISSION A v.

GAURA V DWIVEDI AND ORS .

MAY 13, 1999

[B.N. KIRPAL ANDS. RAJENDRA BABU, JJ.] B

Civil Services Examination Rules, I 998 : Rule 3

Service law-Interview-Vive voce-Number of candidates to be called for-Power of employer to short list candidates-Union Publfc Service Commission-Recruitment to central services-Notification for-Approximate C number of vacancies indicated as 7 40-After declaration of result of written exams vacancies finally determined 470 in number-940 candidates called for interview-Twice the number of vacancies. Respondents case before Tribunal that I 480 candidates instead of 940 should have been called for interview-Rejection by Tribunal-Writ-Direction by High Court to call D respondents for interview-Appeal before Supreme Court-Held it is not incumbent upon the Government to fill up all the vacancies-Once it is conceded that the number of vacancies to be filled could be reduced then the Rules do not stipulate that he f!ntire process of examination must be completed, including.the conduct of the interview/viva voce test, on the basis of original number of vacancies which were notified-The High Court was not right in E permitting more than 940 candidates being called for interview/viva voce- Varying of vacancies during the course of the examination does not cause any prejudice to the candidates.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3177 of 1999.

From the Judgment and Order dated 29.4.99 of the Allahabad High Court in W.P.No. 647of1999.

P.H. Parekh and Ms Bina Madhavan for the Appellant.

Gopal Subranmanium, S. Muralidhar and Ms. Neena Vaid for the G Respondents.

The following Order of the Court was delivered :

Leave granted.

We have heard learned counsel for the parties at length. 649 H

A The question involved is as to how many candidates should be called for interview/viva voce by the Union of Public Service Commission (for short the U.P.S.C.) for recruitment to the central services.

An advertisement was published by the U.P.S.C. Which was to the B effect that for Central Services Examination to be conducted in 1988 the approximate number of vacancies would be 740. It was clearly stipulated therein that this figure of 740 was subject to alteration.

reliminary examination was held in May 1998 and the result was declared in July 1998. Those who were successful, then took part in the main examination C which was conducted in October/ December 1998. The case of the appellant is that in March 1999, for the reasons stated in its affidavit in reply in the High Court to which we need not advert to at this stage, the number of vacancies were finally determined to be at a figure of 470. It is an admitted case that the number of candidates who are called for interview/viva voce test are not more than twice tlw number of vacancies which are required to be filled. In D view of this on 26th of March, 1999 results were declared and 964 candidates who were successful, were called for interview.

It is thereafter th!:lt the present respondents approached the Central Administrative Tribunal, Lucknow Bench with a contention that 1480 E candidates should have been called for interview and not 940. The basis was the number of vacancies which were finally notified were 740 and, therefore,

1480 candidates should have been called for interview. The Tribunaldeclined to give any relief. Thereafter a writ petition was filed and by an interim order the Lucknow Bench of the Allahabad High Court has directed that the respondents, who are not the first 940 candidates but their position in the F order of merit is lower down till 1480, should also be called for interview.

Liberty was granted to the appellant herein to call for interview even those candidates who were higher in rank than the respondents but lower in position than 940. It is this the direction which is challenged before us.

Rule 3 of the Civil Services Examination Rules 1998 states that the number of vacancies to be filled on the result of the examination will be specified in the notice issued by the Commission. In the notice which was issued it was stated, as already noted, that the number of vacancies was only . an approximate number which was subject to change. There is no rule which has been brought to our notice which prohibits the change in the number of H vacancies which are once notified . .Indeed it is not necessary or incumbent

U.P.S.C. v. GA URA V DWIVEDI 651

upon the Government to fill-up all the vacancies which are notified even if A candidates have been selected. It is contended by the learned counsel for the respondent that even though the number of vacancies could be changed, this could only have been done after the candidates have been interviewed on the basis that the number of vacancies was 740. The submission is, if this is not done the candidates will lose one chance ..

We are unable to agree with this contention. Once it is considered, and in our opinion rightly so, that the number of vacancies to be filled could be reduced then the Rules do not stipulate that the entire process of examinations must be completed, including the conduct of the interview/viva vocetest, on

the basis of original number of vacancies which were notified. When before C the declaration of the result of the main examination, the number of vacancies have been determined then it was only proper that candidates who are twice the number of revised vacancies are called for interview and not more. It is to be borne in mind that this is a competitive examination with the number of vacancies being 470 only, 940 candidates were required to be called for D interview. By calling more than this number may result in prejudice to one or more of the candidates who were in the position of 940 or above. For example, it is possible that a candidate at Serial No.941, who is not entitled to be called for interview, if he is permitted to be called for interview, may secure higher marks in the viva voce/test and he oust those candidates who were higher in rank to him in the merit list. The High Court, in our opinion, E was not right in permitting more than 940 candidates being called for interview/viva voce.

From the facts enumerated hereinabove it is difficult to agree with the contention of the learned counsel for the respondent that any prejudice will be caused to the ca1.1didates. It is clear that in March .1999 the final result F of the main examination had been declared and it was notified to the candidates con9erned as to how many of them have been called for interview.

Those wh~ wef; unsuccessful could, in accordance with the Rules, take the subsequent exaJU,, ation. It can happen that even where some of the candidates have beei; t called for interview they may still not take a chance and may sit G in the examination for the year 1999 because they .may not be sure whether ultimately, after the viva voce test, they would be selected. Varying of vacancies during the course of the examination does not to our mind, cause any prejudice to the candidates.

For the aforesaid reasons the impugned order of the High Court dated H

A 29th April, 1999 is set aside and this appeal is allowed. There will be no order as to costs.

T.N.A.

Appeal allowed.