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PETITIONER: MADHUKAR BAKRU PINGAL

       Vs.

RESPONDENT: SHRI RAJENDRA D. GAIKWAD & ORS.

DATE OF JUDGMENT13/09/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. JEEVAN REDDY, B.P. (J) HANSARIA B.L. (J)

CITATION:  1995 SCC  (6)  42        JT 1995 (9)   598  1995 SCALE  (5)430

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      On July  27, 1992  applications were invited to fill up the post  of Police Patil in the village Ambe, Dindori Taluk of  Nasik   District.  Five  persons  had  applied  for  the recruitment. The appellant was selected and was appointed as the Police  Patil. On challenge being made by the respondent No.1  before  the  Tribunal,  the  Tribunal  set  aside  the appointment order  of the  appellant. The  Tribunal observed that 50%  of marks were reserved for written examination and 50% marks  were for viva-voce and held that the prescription of 50%  of marks  for viva-voce  is arbitrary as per the law laid down  by this  Court. Therefore, the Tribunal set aside the appointment of the appellant and directed to appoint the respondent. Thus, this appeal by special leave.      Mr. Khanwilkar,  learned  counsel  for  the  appellant, contended that  even assuming  that prescription  of 50%  of marks for  viva-voce is invalid the appropriate course would have been  that a direction was given to the respondent Nos. 2 and  3 to  prescribe lesser marks for viva-voce and higher marks for  written  examination  and  to  direct  conducting examinations of  the candidates  who had  applied for afresh and considering  the cases  of the  candidates according  to law. We find force in the contention. The Tribunal, instead, has given  direction to  appoint Respondent No.1 who was not selected by  the appointing  authority.  Under  the  interim direction, the  appellant is continuing in service and would continue till a candidate is duly selected and appointed.      In these  circumstances, we  set  aside  the  direction issued by  the Tribunal to appoint the contesting respondent No.1 as  Police Patil.  Instead the official respondents are directed to  conduct written  examination and viva-voce test allocating 85%  and 15%  of marks  respectively and consider the cases  of all  those  candidates  who  appeared  at  the initial examination and make selection according to rules.

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    The appeal is accordingly allowed. No costs.