Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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had obtained 488 marks out of 900 in the written examination whereas Vivek Nasir obtained 452
marks and Anubhav Sharma obtained 520 marks. These three candidates were called for interview.
It comes out that the Haryana Public Service Commission awarded 72 marks out of 120 to Vivek
Nasir, 60 marks to Anubhav Sharma and 20 marks to Bhanu Pratap. Anubhav Sharma and Vivek
Nasir were selected whereas present petitioner could not obtain 50% marks in aggregate of the
written examination as well as interview and therefore was not selected.
This is petition for quashing the action of the respondent HPSC in not appointing the petitioner as
Judicial Officer in result of HCS (Judicial Branch) examination held in 2003 and also for direction to
the respondents to appoint him to the post.
Haryana PSC
Rule 7(1)(2) & 8(1) for appointment to the Judicial Branch of the Haryana Civil Service
provides as under:
“7(1) No candidate shall be credited with any marks in any paper unless he obtains
atleast thirty three per cent marks in it.
(2) No candidate shall be called for the Viva-voce test unless he obtains at least fifty
percent qualifying marks in the aggregate of all the written papers and thirty three percent
marks in the language paper, Hindi (in Devnagri script).
8. (1) No candidate shall be considered to have qualified in the examination unless he
obtains atleast 50% marks in the aggregate of all papers including viva voce test.”
On behalf of the petitioner, it was argued that the petitioner had got 488 marks out of 900 in the
written test. His percentage was 54.3 whereas the minimum requirement was 50%. The marks of
viva voce test were 120 and then aggregate of all papers including viva voce test would have been
1020. Minimum 510 marks were required whereas petitioner got 20 marks in the interview and in
that way, he had got 508 marks in aggregate and was short of 50%, by two marks only. Counsel for
the petitioner argued from the judgment of this Court case in Asha Mehta v. State of Punjab, reported
in 1993 (3), SC 237 that where 33% were the pass marks and if some candidate had obtained
32.5%, this could be taken to be 33% and one could be declared pass. It was argued that against this
judgment, an SLP had been dismissed by the Hon’ble Supreme Court in case reported as State of
Punjab and another v. Asha Mehta, (1997) 11 SCC 410. It was argued that percentage of half or
more was to be rounded off to one above whereas less than half was to be rounded off to be lower
figure and when the petitioner had obtained 49.8% in the whole aggregate after viva voce test, he
should have been treated to have obtained 50% and deemed to have qualified. From the judgment of