- (1.) These two appeals have been preferred against a common judgment and order dated July 9, 2002 by which the learned Trial Judge allowed two writ petitions being WP No. 20647 (W) of 1998 Rakesh Kumar Singh and Anr. v. Union of India and Ors. and WP No. 9413 (W) of 2001 Prabir Sengupta v. Union of India and Ors. Both these writ petitions were filed challenging the finally published select list prepared for the recruitment to the posts of Sub-inspectors (Executive) in Railway Protection Force/Railway Protection Special Force (for short R.F.F./R.P.S.F. respectively) with prayers to hold fresh selection and not to give any appointment to the said posts on the basis of the published select list. The Petitioners further prayed for a declaration that allocation of 40% or 33% marks as qualification in the viva voce test was ultra vires.
(2.) The writ Petitioners in W.P. No. 20647 (W) of 1998 had inter alia alleged that an employment notice was issued by the Chief Security Commissioner, R.P.F./ R.P.S.F. Western Railway, Mumbai for recruitment to the posts of Sub-inspectors (Executive) in R.P.F./R.P.S.F. in different zonal railways and applications were invited for appointment to the said posts. The Petitioners had applied for those posts and a Selection Committee was constituted. The Petitioners insist that the test consisted of 200 marks which, as per the advertisement, was restricted to physical, written and viva voce tests. It is the Petitioners' case that both of them had qualified in the physical and the written tests and were called for the viva voce test, but were not ultimately selected. The Petitioners seemed to stay at that. However, a bunch of writ Petitioners had challenged the said select list in another writ petition. In course of hearing of the same, High Court directed the Respondents to produce relevant records and a Broad Sheet prepared by the Selection Committee was produced in Court. The Petitioners say, they collected the information from that and they were surprised to find that despite securing high marks in the physical and written tests they were not included in the final select lists because of their poor marks in the viva voce test. They further discovered that the candidates securing lesser marks than them were included in the final select list. Their grievance is that the notification inviting application for the posts of Sub-Inspectors mentioned that selection would be made on the basis of 200 marks which included physical efficiency, written test and interview and the Selection Committee could never exceed its power and jurisdiction beyond 200 marks, but in this case selection has been made on the basis of 300 marks, i.e. 100 marks were added for the performance in the viva voce test which, the Petitioners alleged, was wholly outside the jurisdiction of the Selection Committee. The Petitioners could further gather from the Broad Sheet that the Selection Committee had considered 40 % marks as the minimum qualifying marks in the viva voce test which was arbitrary and violative of their fundamental rights as the interview had played an overwhelmingly dominant role in the matter of selection. Accordingly the Petitioners prayed for the reliefs mentioned earlier.
(3.) On behalf of the Respondents Nos. - 1 to 3 to the writ petition the Chief Security Commissioner, R.P.F., had affirmed an affidavit denying the material allegations in the said writ petition. The specific point made out was that the Selection Committee had acted on the basis of the rules and directions of Director General, R.P.F./ Railway Board. There was a clear circular dated January 14, 1988 that on completion of the evaluation of the answer books candidates who secured 40 % marks out of 100 in the interview would be declared qualified and as such only those successful candidates who secured 40% marks have been included in the select list. A copy of the said circular has been annexed to the writ petition as Annexure-P-I. The reason for the Petitioners' not being selected was their failure to secure qualifying 40% marks in interview. The Selection Committee had acted according to the rules and directions of the D.G., R.P.F./ Railway Board and on the basis of these rules and instructions the Broad Sheets were prepared.;