Case Note & Summary
The case involved appeals arising from writ petitions filed before the Gujarat High Court, challenging the validity of appointments of Assistant Public Prosecutors based on a selection process conducted by the Gujarat Public Service Commission. The writ petitioners contended that the introduction of minimum qualifying marks for the viva voce shortly before the interviews was illegal and biased. Initially, a single judge of the High Court dismissed the petitions, but a division bench later quashed the appointments, leading to the present appeals. The Supreme Court examined the facts, noting that the selection process was initiated due to an acute shortage of Assistant Public Prosecutors, prompting the State Government to sanction new posts. The court highlighted that the Advocate General had assured the High Court that the selection would follow specific rules, which were later formalized in the Recruitment Rules. The Supreme Court found that while the minimum qualifying mark for the viva voce was not specified in the advertisement, it was introduced before the interviews and communicated to candidates. The court concluded that this did not violate the statutory rules and that the selection process was not tainted by bias. Ultimately, the Supreme Court set aside the High Court's judgment, allowing the appeals and dismissing the writ petitions without costs.
Headnote
A) Administrative Law - Recruitment Process - Validity of Selection Process - Constitution of India, Article 309 - The introduction of minimum qualifying marks for the viva voce after the commencement of the selection process was held to be permissible as it complied with statutory rules. The court found no evidence of bias or malice in the selection process, thus upholding the validity of the appointments made (Paras 32-32).
Issue of Consideration
Whether the introduction of minimum qualifying marks for the viva voce after the commencement of the selection process was permissible.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's judgment, and dismissed the writ petitions without costs.
Law Points
- Selection process
- minimum qualifying marks
- statutory rules
- bias
- recruitment rules
