BANERJEE - (1.) ARBITRARINESS being opposed to reasonableness is an antethesis to law. There cannot, however, be any exact definition of arbitrariness neither can there be any straight jacket formula evolved therefor, since the same is dependent on the varying facts and circumstances of each case.
(2.) THE basic facts pertaining to the appeal against the judgment of the High Court depict that the Writ Petition of the appellant was dismissed by the High Court on the ground that there is no infraction of law neither the Public Service Commission in the State of Punjab has deviated from the criteria laid down for selection of candidates for the post of Block Development and Panchayat Officer. Incidentally the grievance of the Writ Petitioner-appellant pertains to violations of the equality clause under Articles 14 and 16 of the Constitution read with provisions of Punjab Development and Panchayat Class II (Service) Rules, 1974. On the factual score it appears that the Punjab Pubic Service Commission in June, 1993 issued an advertisement for 26 vacancies of Block Development and Panchayat Officers but before the process of selection could be finalised, the Government of Punjab filled up the vacancies through ad hoc appointments by reason wherefor, the Service Commission considered it fit not to proceed with the selection any further. The records depict that these ad hoc appointments, however, by the order of the High Court in a petition under Article 226 stands quashed and the appeal therefrom was dismissed by this Court. This Court, however, while rejecting the appeal was pleased to direct the Public Service Commission (Punjab) to complete the process of selection by 9/07/1995 and in terms therewith, the Service Commission issued a corrigendum to the advertisement but the vacancies were enhanced from 28 to 44 for reasons of exigencies of the situation. It is against this corrigendum to the advertisement about 4,500 people appeared in written test and subsequently roll numbers of 130 candidates only were published, being eligible to appear in the viva voce test. On 9/07/1995 the final result was announced and the names and roll numbers of candidates who were found suitable for appointments were published in order of merit. The petitioner's name, however, did not figure in the merit list, which stands challenged in the writ petition before the High Court but the same however stands negated by the High Court and hence the appeal before this Court. The bone of contention raised in the appeal is the non-consideration of the marks secured by the candidates in the written examination while determining the overall merit of the candidates and the real merit has been ignored at the time of preparation of select list by the Service Commission and in this context, strong reliance was placed on the information sheet as circulated by the Service Commission, relevant extracts of which are as below : "Exam. 1/93 Punjab Public Service Commission, Patiala Information Sheet and Instructions to Candidates Block Development and Panchayat Officers Examination, 1993 Important Note : xxxxxxxxxxxxxx Closing Date . . . . . . . . . . . . . . . . . . . . . . Vacancies and Reservations : . . . . . . . . . . . . . . . . . . . . . . Qualifications : . . . . . . . . . . . . . . . . . . . . . . Scheme of Examination : 3. There will be four papers for written test (a) General knowledge including everyday science; (b) General English/Essay, (c) Community Development, Panchayat Raj and Agricultural Development (d) Punjabi Laguage test of matriculation Standard followed by viva voce test. The qualifying standard and syllabus etc. is given in the rules attached. xxxxxx 12(1). The examination will consist of the following subjects and marks indicated against each : JUDGEMENT_464_SUPREME7_2000Html1.htm 2. No candidate shall be eligible to appear in the viva voce test unless he obtains 33 per cent marks in each paper and 45 per cent marks in aggregate. xxxxxxxx
(3.) PARAGRAPH 12(1) of the document thus expressly provides that the examination shall consist of four different subjects with 100 marks each for three subjects and fifty marks (50) stand earmarked for the 4th vernacular (Punjabi in Gurmukhi script) totalling 350 marks and further 50 marks for viva voce test. The essentiality of viva voce test however stands established by reason of express narration under the scheme of examination' viz. "followed by viva voce test". In the event of there being a written test for elimination, the scheme of the examination would not have been detailed in the manner as it has been so stated. PARAGRAPH 3 of the instructions refers to the rules for laying down the qualifications and the syllabus for the examination. Admittedly, these rules have been framed by the Governor of Punjab in exercise of his power under the proviso to Article 309. Rule 5 of the Rules referred to the qualification that a person can be appointed to the service who possesses the educational and other qualifications specified in Appendix B. In Appendix B, the posts of Block Development and Panchayat Officers appear at item No. 20 and the qualifications mentioned therein are as below : (i) "Graduate of a recognised University; Preference to Graduate in Agriculture; (ii) Knowledge of Pujabi language up to Matriculation or equivalent standard; (iii) Candidates will be required to qualify the following written tests at the time of recruitment. (i)General Knowledge100 marks (ii)General English/Essay of BA Standard100 marks (iii)Community Development, Panchayati Raj and Agricultural Development100 marks (iv)Punjabi language test of matriculation standard 50 marks (v)Viva Voce100 marks The qualifying standard in the test will be 33 Per Cent pass marks in each paper and 45 per cent in the aggregate." It is on the basis of the rules together with the information sheet as noticed herein before that the High Court came to the conclusion that there is no arbitrariness in the matter of selection of candidates. The said finding stands challenged before us principally on the ground that there is existing a dual requirement viz., written test as also the viva voce test and the marks obtained therein in both counts ought to have formed part of the process of determining the merit and the Public Service Commission had no authority or jurisdiction to effect the selection solely on the basis of the performance of the candidates at the viva voce examination. The respondents however contended that since it was not possible to interview about 4,500 candidates, the Public Service Commission resorted to a written elimination test in order to facilitate the interview process or the viva voce test. It was contended that as a matter of fact 130 candidates have been called for the viva voce test out of 4,500 approximately as against 44 vacant posts : A short digration from the facts however may not be totally unjustified at this juncture by reason of enormity of the issue of available employment opportunity. 4,500 persons applied for 40 vacancies - a rather sordid state of affairs, - employment opportunities are so meagre as compared to the need and the situation has reacted its optimum without any indication even of a descending trend. Needless to record that this is not in Punjab only but this is reflected every State in the country - in some States the ratio being still be higher - we are however not expressing any opinion but recording factum only so as to focus the magnitude of the problem.;