Case Note & Summary
The litigation arose from the recruitment process for the post of Senior Auditor under the Orissa Auditors Service. The petitioner, who was working on ad hoc basis at the relevant time, applied for selection to the post. The Selection Board considered three candidates: S. Sahu (post-graduation in Commerce), Rao (graduation with Honours in Commerce), and the petitioner (graduation in Commerce). The Board awarded marks for academic qualification and viva voce. Sahu secured 17 marks in viva voce, 2 marks for graduation, and 5 marks for post-graduation, totalling 24 marks. Rao secured 15.5 in viva voce, 2 marks for graduation, and 3 marks for honours graduation, totalling 20.5 marks. The petitioner secured 18 marks in viva voce and 2 marks for graduation, totalling 20 marks. Consequently, Sahu was selected. The petitioner challenged the selection before the Central Administrative Tribunal, Bhubaneshwar Bench in Original Application No. 875 of 1994, contending that the award of extra marks to Sahu and Rao for post-graduation and honours graduation violated Rule 6 of Schedule I to the Orissa Auditors Service (Method of Recruitment & Conditions of Service) Rules, 1987. The Tribunal rejected the application on 17 June 1996, holding that the procedure adopted was valid in law. Aggrieved, the petitioner filed a special leave petition before the Supreme Court. The petitioner's counsel argued that Rule 6 prohibited any extra weightage for academic qualifications and that the award of marks for post-graduation and honours was illegal. The Supreme Court examined Clause 6 of Schedule I to the Rules, which provided that marks secured from High School Certificate examination to degree examination shall be the basis for awarding marks for academic qualification and that no weightage shall be given to higher examinations which the candidate might have passed. The Rule further stated that the marks obtained by a candidate in the academic qualification test shall be added to the marks obtained by him in the test and the aggregate shall determine his inter se position in the select list. The Court interpreted the Rule as empowering the Selection Board to award appropriate marks for academic qualification without giving weightage for post-graduation or honours graduation, because the marks obtained for those qualifications are to be added to the marks obtained by him in the written examination as well as viva voce test and the aggregate of all should be the basis to determine inter se position. The Court held that the process adopted by the Selection Board was consistent with Clause 6 of Schedule I to the Rules and that the Tribunal had not committed any error warranting interference. Accordingly, the special leave petition was dismissed with no order as to costs.
Headnote
A) Service Law - Recruitment and Selection - Academic Qualification Marks - Orissa Auditors Service (Method of Recruitment & Conditions of Service) Rules, 1987, Schedule I, Rule 6 - The Selection Board awarded base marks for graduation but no extra weightage for higher qualifications like post-graduation in Commerce or Commerce Honours; the rule directed that marks from High School Certificate examination to degree examination form the basis for academic qualification and prohibited weightage for higher examinations, while the aggregate of academic, written, and viva voce marks determined inter se merit. Held that the selection process was consistent with Rule 6 and the Central Administrative Tribunal rightly rejected the challenge.
Issue of Consideration
Whether the Selection Board's award of marks to candidates for post-graduation in Commerce and Commerce Honours violated Rule 6 of Schedule I to the Orissa Auditors Service (Method of Recruitment & Conditions of Service) Rules, 1987
Final Decision
Special leave petition dismissed; no costs.
Law Points
- Marks from High School Certificate to degree examination form basis for academic qualification
- no weightage for higher examinations
- Selection Board to add academic
- written
- and viva voce marks to determine inter se merit
- Selection Board's award of base graduation marks without extra weightage for higher qualifications consistent with Rule 6 of Schedule I
