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

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stand taken by the MPSC in this affidavit in reply. The MPSC is aware of the Judgment of the
Supreme Court in Ashok Kumar’s case. The reasons as to why the MPSC has assigned 20% of the
total marks to the viva voce test have been mentioned in this affidavit. In the first place it has been
stated that the upper age limit for the Union Public Service Commission examination, which was
noticed by the Supreme Court in Ashok Kumar’s case, is 26 years while the upper age limit for
admission to the State Services examination held by the MPSC is 28 years. This fact has been
mentioned with a view to show that in the case of candidates who are older in age a higher percentage
of marks for the viva voce test is permissible even noticing the test laid down by the Supreme Court.
Mr. Gokhale appearing for the respondents has pointed out that in paragraph 29 of the judgment of
the Supreme Court in Ashok Kumar’s case the Supreme Court noticed that a higher percentage of
marks had been assigned for the viva voce test in the case of ex-service officers. Elsewhere in the said
judgment it has been noticed that a higher percentage of marks for the viva voce test for people of
advanced age and who have some experience is permissible.
7. However, in the instant case, we are reluctant to accept that the difference between the age of
26 years, which is the limit for admission to the Union Public Service Commission’s examinations, and
the age of 28 years, which is the age limit for admission to the examinations conducted by the MPSC,
is not sufficiently wide as to warrant a higher percentage of marks being assigned to the viva voce test.
It has also been stated in the affidavit that for the examinations conducted by the MPSC people who
are already employed are greater in number than the people who are fresh graduates. If this is so a
higher percentage of marks for the viva voce test is justified according to Mr.Gokhale. Here also we
are not satisfied that the ground urged in support of the practice adopted by the MPSC is sufficiently
strong. In the affidavit itself the proportion of working candidates to the total number, of fresh candidates
appearing for the examinations has not been mentioned. Mr.Gokhale, on taking instructions from an
officer in the Court, suggested that the percentage of working people who appear for the examinations
is as high as 60. Assuming that this is so, we find that this is a further reason as to why the assignment
of 20% of marks for the viva voce test is unjustified. If persons who are not working constitute 40%
of the total number of candidates who appear for the examinations conducted by the MPSC, assignment
of test of the total marks for the viva voce test would be discriminatory as against them whereas the
reduction of the said percentage from 20% to 12.2% as recommended by the Supreme Court, would
not act to the detriment of either of the grounds.
Maharashtra PSC