Holding

No relief can be granted because all seventeen selected candidates were necessary parties and were not impleaded in the writ petition.

Summary

Ku Rashmi Mishra, a qualified candidate for the post of Assistant Registrar in a Madhya Pradesh State University, was not selected among 17 candidates chosen by the State Public Service Commission. She filed a writ petition under Article 226 challenging the selection, alleging favoritism and that the interview‑only method ignored written‑exam marks and experience. Only two of the 17 selected candidates were impleaded as respondents; the High Court dismissed the petition. On appeal, the Supreme Court held that all 17 selected candidates were necessary parties whose absence barred any relief, and therefore the appeal was dismissed. The Court also observed that the selection process, which gave excessive weight to viva voce, should be re‑examined and the service rules amended to prevent nepotism, but it did not rule on the validity of the rules themselves.

Issues considered

The necessity of joinder of all selected candidates as parties in a writ petition under Article 226.
Whether relief can be granted when necessary parties are not impleaded.
The legality of a selection process based solely on viva voce interview under the Madhya Pradesh State University Service Rules, 1982.
Whether the Madhya Pradesh State University Service Rules, 1982 are ultra vires of the Constitution.

Legislation cited

Code of Civil Procedures. Order I Rule 8
Constitution of Indias. Article 226

Subjects

Article 226non-joinder of necessary partieswrit petitionpublic service recruitmentselection processinterview vs written examinationnepotismequality clauseMadhya Pradesh State University Service RulesAssistant Registrar

Judgment

A KU. RASHMI MISHRA
v.
MADHYA PRADESH PUBLIC SERVICE COMMISSION AND ORS.

OCTOBER 19. 2006

B (S.B. SINHA AND DAL VEER BHANDARI, JJ.]

Constitution of India, 1950-Article 226--Writ petition-Non-joinder
of necessary party-Selection of Assistant Registrars in State University-
C Questioned by Appellant by filing a writ petition-Only two of the seventeen
selected persons impleaded as Respondents in the petition- Effect of-Held:
All the seventeen selected persons were necessary parties and they not
having been impleaded except two, no relief could be granted to Appellant-
Service law-Madhya Pradesh State University Service Rules, 1982-Rules ·-
5, 8 and 12.
D
Seventeen persons including Respondent Nos.3 and 4 were selected &s
Assistant Registrars in the State University of Madhya Pradesh. The selection
was done through the State Public Service Commission. Appellant, though
qualified for the post was not selected. He filed writ petition challenging the
validity/legality of the selection process but did not implead all the seventeen
E selected candidates as parties therein. Only Respondent Nos.3 and 4, against •
whom allegations were made to the effect that they were selected due to
favouritism/nepotism allegedly shown in their favour by the Selection
Committee, were impleaded. High Court dismissed the writ petition.

In appeal to this Court, the question which arose for consideration is
F whether all the seventeen selected persons having been not impleaded as
parties in the writ petition, no relief could be granted to Appellant.

Dismissing the appeal, the Court

HELD: 1.1. All the seventeen selected candidates were necessary parties
G in the writ petition. The number of selected candidates was not large. There
was no difficulty for Appellant to implead them as parties in the said
proceeding. The result of the writ petition could have affected the appointees.
They were, thus, necessary and/or in any event proper parties. (714-C-DI

H 708
709
- KU. RASllMI MISHRA r. MADHYA PRADESH PUBLIC SERVICE COMM.

1.2. As all the selected candidates were not impleaded as parties in the A
writ petition, no relief can be granted to the appellant. 1720-EI

Prabodh Verma & Ors. v. State of Uttar Pradesh & Ors, 11984( 4 SCC
251; A/I India SC & ST Employees Assn. & Anr. etc. v. A. Arthur Jeen & Ors.
etc., 12001 I 6 SCC 380 and lndu Shekhar Singh & Ors. v. State of U.P. &
Ors., (2006) 5 SCALE 107, relied on. B
2. The post of Assistant Registrar in the Universities requires no
professional experience. What was required to be seen was academic
qualification, experience and other abilities of the candidate. Whereas the
ability of communication and other skills may have to be judged through
interview, experience of the candidate as also the marks obtained by him in C
the written examination could not have been ignored. It is not that the Public
Service Commission was not called upon hold a written examination. The
Madhya Pradesh State University Service Rules, 1982 enabled the
Commission to do so. Such a written examination in fact was held. However,
the same was held only for the purpose of short-listing the candidates and not
for any other purpose. It was not a fair exercise of power. The marks obtained D
by the candidates in the said written examination should have been taken into
consideration. Evidently, the Commission did not do so. For the reasons stated
hereinbefore, the State of Madhya Pradesh is directed to consider the
desirability of amending the Rules suitably so that such charges of favoritism
or nepotism by the members of the constitutional authority in future is not E
called in question. Although for one reason or the other, the High Court had
not addressed itself on this question, but, the very fact that such allegations
had been made is a sufficient ground for the State or the Commission to take
appropriate steps for amending the Rules for the said purpose.
[719-H; 720-A-E(
F
Ajay Hasia v. Khalid Mujib Sehravardi, [1981( 1SCC722; Ashok Kumar
Yadav & Ors. etc. v. State ofHaryana & Ors. etc., [1985) 4 SCC 417; State of
U.P. etc. v. Rajiquddin & Ors. etc., [1987) Supp. SCC 401; Jaswinder Singh
& Ors. v. State ofJammu & Kashmir & Ors., 12003) 2 SCC 132; Vijay Syal &
Anr. v. State of Punjab & Ors., [2003( 9 SCC 401; K.H. Siraj v. High Court of
Kera/a & Ors., 12006) 6 SCC 395; Sardara Singh & Ors. v. State of Punjab G
& Ors., [1991) 4 SCC 555 and Munindra Kumar & Ors. v. Rajiv Gavit & Ors.,
[1991( 3 SCC 368 and AIR [1991) SCC 1607, referred to.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4559 of2006.

From the Judgment and Order dated 21.3.2005 of the High Court of H
710 SUPREME COURT REPORTS [2006) SUPP. 7 S.C.R.

A Judicature of Madhya Pradesh at Jabalpur in W.P.S. No. 2665/2004 and Order
dated 24.6.2005 in Review Petition M.C.C. No. 1080/2005.

S.B. Sanyal and Prakash Shrivastava for the Appellant.

S.K. Gambir, M.P. Jha, Ram Ekbal Roy and Harshvardhan Jha for the
B Respondents.

The Judgment of the Court was delivered by

S.B. SINHA, J. Leave granted.

C The principal question raised before us in this appeal is the validity/
legality of the selection process involved in selecting Assistant Registrars,
Class II gazetted post.
'
Appellant is holder of a Post Graduate degree. She had also done B.Ed.
and was having 7 years' teaching experience. The 1st respondent-Public
D Service Commission issued an advertisement on or about 24.7.2003 for
recruitment to the post of Assistant Registrar in the State University of
Madhya Pradesh. The Commission was called upon by the State to fill up
17 posts, the essential qualifications wherefor are stated to be as under :

"C. Essential Qualifications : The postgraduate degree from any
E recognized University in minimum of the Ilnd Class or its equivalent
degree.

Requirement : The work experience on the post of Teaching/
Administrative post."

F It was stated that the essential qualifications stipulated in the
advertisement were the minimum.

The State of Madhya Pradesh, in exercise of its power conferred upon
it by sub-Section (2) of Section 15-A of the Madhya Pradesh Vishwavidyalaya
Adhiniyam, 1973 made Rules known as Madhya Pradesh State University
G Service Rules, 1982 (for short, 'the 1982 Rules'), Rules 5 and 8(ii) which are
relevant for our purpose read as under :

"5. Method of recruitment.- (I) Without prejudice to the provisions of
rule 7, recruitment to the Service after the commencement of these
rules, shall be by the following methods, namely:-
H
KU. RASHMI MISHRA v. MADHYA PRADESH PUBLIC SERVICE COMM. [S.B. SINHA. J.] 711

(a) by direct recruitment, A
(b) by promotion of persons, holding a lower post which may or may
not comprise the Service, to a higher post comprising the Service, and
...
(c) by deputation from the State Government or any organization other
than the Universities as the Kuladhipati may deem fit,
B
(2) The number of persons recruited by various methods under sub-
rule (I) shall be in accordance with the percentage shown in Schedule
I.

(3) Notwithstanding anything to the contrary contained in sub-rules
(I) and (2), if in the opinion of the Kuladhipati, the exigencies of C
Service so require, he may, in consultation with the Commission,
adopt such methods of recruitment to the service, other than those
prescribed in sub-rule (I) as he may, by an order issued in this behalf,
specify."

"8. Conditions of eligibility of direct recruits.- In order to be eligible D
for direct recruitment to the Service a candidate must satisfy the
following conditions, namely:-

(i) ....... ..

(ii) A candidate who is a retrenched Government or University employee E
shall be allowed to deduct from his age the period of all temporary
service previously rendered by him upto a maximum limit of 7 years
even if it represents more than one spell provided that the resultant
age does not exceed the upper age limit by more than three. years."

Rule 11 provides for mode of direct recruitment. F
Rule 12 of the Rules is as under :

"12. List of candidates recommended by the Commission.- (I) The
Commission shall forward to the Kuladhipati a list arranged in order
of merit of the suitable candidates who have qualified by such standards G
as the Commission may determine and of the candidates belonging to
the Scheduled Castes and Scheduled Tribes who, though not quali by
that standard, are declared by the Commission to be suitable for
appointment to the Service with due regard to the maintenance of
efficiency of administration. The list shall be published for general H
712 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A infonnation.

(2) Subject to the provisions of these rules, candidates will be
considered for appointment to the available vacancies in the order in
which their names appear in the list. ..
(3) The inclusion ofa candidate's name in the list shall confer no right
B
to appointment unless the Kuladhipati is satisfied, after such enquiry
as may be considered necessary, that the candidate is suitable in all
respects for appointment to the Service."

Pursuant to or in furtherance of the said advertisement, 6158 candidates
C filed applications. The Commission conducted a preliminary examination on
23.11.2003. 4767 candidates appeared therein. 55 candidates were short-listed,
having been found to be eligible for appearing at the viva voce test. Interviews
were held between the period 9.2.2004 and 11.2.2004. Whereas 17 persons,
including Respondent No5.3 and 4 herein were selected, Appellant was r.Jt.

D She filed a writ petition before the Madhya Pradesh High Court, which
was registered as Writ Petition No.2665 of 2004. All the selected candidates
were not imp leaded as parties therein. Only Respondent Nos.3 and 4, against
whom allegations were made to the effect that although they were inexperienced
and were having inferior academic qualification, were selected being influential
E persons were impleaded, stating :

"That, it would be pertinent to mention here that the husband of
respondent No.3, is a Deputy Collector and is presently posted as
S.D.M. Ujjain. He is having high politital link and is related to
influential personality. Inspite of having no experience, much less any
teaching or administrative experience, she has been adorned with the
F
selection on the post of Assistant Registrar. Similarly respondent
No.4 and other selected candidates, who lack any teaching experience,
having been selected, whereas the petitioner who satisfied all the
requisite qualifications, for the aforesaid post, has not been selected."

G The aforesaid respondents ware said to have been impleaded in a
representative capacity purportedly because Appellant was not having the
addresses of the candidates who were selected. The learned Single Judge of
the High Court, by reason of the impugned judgment, did not find any merit
in the writ petition and dismissed the same opining that Appellant having
participated in the selection process knowing fully well the conditions of
H advertisement and having not been selected in the interviews, could not
KU. RASHMI MISHRA v. MADHYA PRADESH PUBLIC SERVICE COMM. [S.B. SINHA,J.J 713

question the selection process. A
Mr. S.B. Sanyal, the learned Senior Counsel appearing on behalf of the
appellant, inter alia, submitted :

(i) 1982 Rules were ultra vires as no selection could be made only on
the basis of interview ignoring the marks obtained in the written examination B
and/or academic qualification and experience;

(ii) Selection entirely on viva voce tests may be permissible in respect
of the post which requires professional experience and not for the teachers
of the Universities wherefor academic qualification as also the experience are
relevant factors. Strong reliance, in this behalf, has been placed on Ajay C
Hasia v. Khalid Mujib Sehravardi, [1981] l SCC 722 and Ashok Kumar Yadav
& Ors. etc. v. State of Haryana & Ors. etc., [ 1985] 4 SCC 417; and

(iii) Having regard to the academic qualification and experience held by
Appellant, she had a legitimate expectation of being appointed.
D
Mr. S.K. Gambhir, the learned Senior Counsel appearing on behalf of the
Madhya Pradesh Service Commission, on the other hand, contended that-

(i) As the viva voce test was the only criteria fixed for selection of
Assistant Registrar in terms of the statutory rules, no illegality can be said
to have been committed; E
(ii) Appellant could have challenged the vires of the Rules at the
threshold, but, having taken part in the selection process, could not be
permitted to question the same, having not been selected by the Public
Service Commission;
F
(iii) The selected candidates having not been impleaded as parties, the
writ petition was not maintainable. Reliance in this behalf has been placed
on Prabodh Verma & Ors. v. State of Uttar Pradesh & Ors., [1984] 4 SCC
251].
G
It is not in dispute that all the 17 selected candidates were not impleaded
as parties. Respondent Nos.3 and 4, although, purported to have been
impleaded as parties, the same, as noticed hereinbefore, was done on a
different premise. Allegations of favoritism against them having been made,
indisputably they were necessary parties. In the writ petition, although, the
appellant contended that they were being impleaded in their representative H
714 SUPREME COURT REPORTS (2006) SUPP. 7 S.C.R.

A capacity; admittedly no step had been taken in terms of Order I Rule 8 of the
Code of Civil Procedure or the principles analogous thereto.

The High Court did not go into the question as to whether any favoritism
or nepotism had been shown in favour of the respondent Nos.3 and 4 by the
members of the Selection Committee. Notices having been issued and the
B respondents having filed their responses before the High Court, we may
presume that the contention in regard to favoritism or nepotism allegedly
shown by the Selection Committee in favour of respondent Nos.3 and 4 had
not been pressed.

In the aforementioned situation, all the seventeen selected candidates
C were necessary parties in the writ petition. The number of selected candidates
was not large. There was no difficulty for Appellant to implead them as
parties in the said proceeding. The result of the writ petition could have
affected the appointees. They were, thus, necessary and/or in any event
proper parties.
D
In Prabodh Verma (supra) this Court held :

"The first defect was that of non-joinder of necessary parties.
The only respondents to the Sangh's petition were the State of Uttar
~

Pradesh and its concerned officers. Those who were vitally concerned,
E namely, the reserve pool teachers, were not made parties - not even
by joining some of them in a representative capacity, considering that
their number was too large for all of them to be joined individually as
respondents. The matter, therefore, came to be decided in their absence.
A High Court ought not to decide a writ petition under Article 226 of
the Constitution without the persons who would be vitally affected
F by its judgment being before it as respondents in a representative
capacity if their num her is too large, and, therefore, the Allahabad
High Court ought not to have proceeded to hear and dispose of the
Sangh' s writ petition without insisting upon the reserve pool teachers
being made respondents to that writ petition, or at least some of them
being made respondents in a representative capacity, and had the
G
petitioners refused to do so, ought to have dismissed that petition for .
non-joinder of necessary parties."

(See also All India SC & ST Employees Assn. & Anr. etc. v. A. Arthur
Jeen & Ors. etc., (2001] 6 SCC 380 and /ndu Shekhar Singh & Ors. v. State
H of U.P. & Ors., (2006] 5 SCALE 107).
KU. RASHMI MISHRA 1·. MADHYA PRADESH PUBLIC SERVICE COMM. [S.B. SINHA,J] 715

Furthermore, the validity of 1982 Rules was not in question in the writ A
pet1t1on. What was in question was only the selection process. Jn the
absence of any prayer made in the writ petition in that behalf and/or grounds
for such a declaration having not been set out, evidently the High Court
could not have gone thereinto. We are, therefore, are not in a position to
declare the said Rules as ultra vires as was urged by Mr. Sanyal. We,
however, cannot refrain ourselves from observing that the said Rules apparently B
do not satisfy the requirements of the law as laid down by this Court.
Interview, indisputably, is one of the relevant factors for selection. This
Court, however, had noticed that nepotism or favoritism in making selection
cannot be ruled out and as such, categorically laid down that a low percentage
of the total marks only should be fixed for interview. C
In Ajay Hasia (supra), it was held :

"The second ground of challenge questioned the validity of viva
voce examination as a permissible test for selection of candidates for
admissions to a college. The contention of the petitioners under this D
ground of challenge was that viva voce examination does not afford
a proper criterion for assessment of the suitability of the candidates
for admission and it is a highly subjecfr1e and impressionistic test
where the result is likely to be influenced by many uncertain and
imponderable factors such as predelictions and prejudices of the
interviewers, his attitudes and approaches, his pre-conceived notions E
and idiosyncrasies and it is also capable of abuse because it leaves
scope for discrimination, manipulation and nepotism which can remain
undetected under the cover of an interview and moreover it is not
possible to assess the capacity and calibre of a candidate .in the
course of an interview lasting only for a few minutes and, therefore, F
selections made of the basis of oral interview must be regarded as
arbitrary and hence voilative of Article I4. Now this criticism cannot
be said to be wholly unfounded and it reflects a point of view which
has certainly some validity.

The Court, upon noticing the criticism of the reputed authors in this G
behalf, observed :

" ....... the oral interview method continues to be very much in vogue
as a supplementary test for assessing the suitability of candidates
wherever test of personal traits is considered essential. Its relevance
as a test for determining suitability based on personal characteristics H
716 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A has been recognised in a number of decisions of this Court which are
binding upon us."

In regard to the criterion to be fixed for interview, it was stated :

" ...... Now there can be no doubt that, having regard to the drawbacks
B and deficiencies in the oral interview test and the conditions prevailing
in the country, particularly when there is deterioration in moral values
and corruption and nepotism are very much on the increase, allocation
of a high percentage of marks for the oral interview as compared to
the marks allocated for the written test, cannot be accepted by the
Court as free from the vice of arbitrariness. It may be pointed out that
c even in Peeriakaruppan 's case (supra), where 75 marks out of a total
of275 marks were allocated for the oral interview, this Court observed
that the marks allocated for interview were on the highside. This Court
also observed in Miss Nishi Maghu case [1980] 4 SCC 95: "Reserving
50 marks for interview out of a total of 150 ... does seem excessive,
D especially when the time spent was not more than 4 minutes on each
candidate''. There can be no doubt that allocating 33 I/3 per cent of
the total marks for oral interview is plainly arbitrary and unreasonable.
It is significant to note that even for selection of candidates for the
Indian Administrative Service, the Indian Foreign Service and the
Indian Police Service, where the personality of the candidate and his
E personal characteristics and traits are extremely relevant for the purpose
of selection, the marks allocated for oral interview are 250 as against
1800 marks for the written examination, constituting only 12.2 per cent
of the total marks taken into consideration for the purpose of making
the selection. We must, therefore, regard the allocation of as high a
F percentage as 33 1/3 of the total marks for the oral interview as
infecting the admission procedure with the vice of arbitrariness and
selection of candidates made on the basis of such admission procedure
cannot be sustained."

In Ashok Kumar Yadav (supra), while stating that interview is must for
G professional experience, this Court opined :
"It is now admitted on all hands that while a written examination
assesses the candidate's knowledge and intellectual ability, a viva
voce test seeks to assess a candidate's overall intellectual and personal
qualities. While a written examination has certain distinct advantages
H over the viva voce test, there are yet no written tests which can
KU. RASHMI MISHRA 1·. MADHYA PRADESH PUBLIC SERVICE COMM. [S.B. SINllA, J] 717

evaluate a candidate's initiative, alertness, resourcefulness, A
dependableness, cooperativeness, capacity for clear and logical
presentation, effectiveness in discussion, effectiveness in meeting
and dealing with others, adaptability, judgment, ability to make decision,
ability to lead, intellectual and moral integrity. Some of these qualities
can be evaluated, perhaps with some degree of error, by viva voce B
test, much depending on the constitution of the interview board."

However, it was observed :

" ..... There cannot be any hard and fast rule regarding the precise
weight to be given to the viva voce test as against the written
examination. It must vary from service to service according to the c
requirement of the service, the minimum qualification prescribed, the
age group from which the selection is to be made, the body to which
the task of holding the viva voce test is proposed to be entrusted and
a host of other factors. It is essentially a matter for determination by
experts." D
In State of U.P. etc. v. Rafiquddin & Ors. etc. [1987) Supp. SCC 401, this
cdurt was considering selection of Judicial Officers. While doing so, it
noticed Ashok Kumar Yadav (supra) opining :

" .... The enacting clause of Rule 19 provided guidance for the E
Commission in preparing the list of approved candidates on the basis
of the aggregate marks obtained by a candidate in the written as well
as in viva voce test. Clause (2) of the proviso to Rule 19 did not no
doubt expressly lay down that the minimum marks for the viva voce
had to be prescribed but the language used therein clearly showed
that the Commission alone had the power to prescribe minimum marks F
in viva voce test for judging the suitability of a candidate for the
service ........ The viva voce test is a well recognised method of
judging the suitability of a candidate for appointment to public services
and this method had almost universally been followed in making
selection for appointment to public services. Where selection is made G
on the basis of written as well as viva voce test, the final result is
detennined on the basis of the aggregate marks. If any minimum marks
either in the written test or in viva voe~ test are fixed to determine the
suitability of a candidate the same has to be respected."

(See also Jaswinder Singh & Ors. v. State ofJammu & Kashmir & Ors., H
718 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A [2003] 2 SCC 132, Vijay Syal & Anr. v. State ofPunjab & Ors., [2003] 9 SCC
401 and K.H. Siraj v. High Court of Kera/a & Ors., (2006] 6 SCC 395.)

In Sardara Singh & Ors. v. State ofPunjab & Ors., (1991] 4 SCC 555,
this Court opined that in the selection of Patwaris, the ratio in Ashok Kumar
Yadav (supra) cannot have application, holding :
B
"It is then contended that the written test, conducted by the
previous Service Selection Board, was abandoned and only oral
interviews were conducted. The selection, therefore, is illegal. Normally
it may be desirable to conduct written test and in particular of
handwriting which is vital for a Patwari whose primary duty is to
c record clearly entries in revenue records followed by oral interview.
The Rules do not mandate to have both. Options were given either
to conduct written test or viva voce or both. In this case the Committee
adopted (sic opted) for viva voce as a method to select the candidates
which cannot be said to be illegal."
D Unfortunately, the effect of the Ashok Kumar Yadav (supra) had not
been considered therein in great details.

We are, however, not oblivious of a decision of this Court in Munindra
Kumar& Ors. v. Rajiv Covil & Ors., [1991] 3 SCC 368: AIR (1991) SCC 1607,
E when this Court refused to exercise its discretionary jurisdiction in directing
creation of posts and/or granting relief to the appellants therein on equitable
grounds despite quashing the Rules in question, but stated : .

" .... The last candidate out of the 25 selected candidates in general
category has secured 134.5 marks. Out of the 25 candidates selected
F in the general category, 5 candidates have secured lesser marks than
Rajeev Govil in written test, 9 candidates below Vivek Aggarwal and
2 below Gyanendra Bahadur Srivastava. A perusal of the mark-sheet
also shows that 50 candidates are such who have not been selected
instead (sic inspite) of having secured 87 .5 marks or above in written
test, 79 candidates who have secured above 85 marks, and more than
G I00 candidates who have secured more than 81 marks in the written
test. Even if we were inclined to give a further chance of interview and
group discussion by keeping 10 per cent and 5 per cent marks
respectively for interview and group discussion, in. all fairness it
would be necessary to give chance to all such candidates who have .
H secured higher marks in the written test in comparison to the
KU. RASHMI MISHRA r. MADHYA PRADESH PUBLIC SERVICE COMM. [S.B. SINHA, J.] 719

respondents-writ petitioners. We have already taken the view t~at we A
do not consider it just and proper to set aside the selections already
made. In these circumstances even if we were inclined to give direction
to the Board to create three more posts and give chance to all the
candidates securing equal or higher marks in the written examination
than the writ petitioners, there was a remote chance of the writ
petitioners being selected. In our view such exercise would be in B
futility, taking in view the chance of success of the writ petitioners.

In the result, we allow these appeals in part and quash the rule
made by the U.P. State Electricity Board keeping 40 marks for interview
and 40 marks for group discussion being arbitrary. We direct that in
future the marks for interview and group discussion shall not be kept C
exceeding I 0 per cent and 5 per cent of the total marks, respectively.
The selection already made by the Board for the posts of Assistant
Engineers (Civil) shall not be disturbed."

(Emphasis supplied) D

It is unfortunate that the respective State Governments had not noticed
the decisions of this Court.

A statutory rule, it is trite, must not only be, in consonance with the
legislative intent, but also must satisfy the constitutional requirements E
contained in Articles 14 and 16 of the Constitution oflndia. Our Constitution
professes equality. Equality clauses contained in Articles 14, 15 and 16 of
the Constitution of India are heart and soul of our Constitution. A
constitutional authority, although, would be presumed to act fairly, this Court,
while laying down the norms on which such statutory authorities must function
keeping in view the possibility of showing nepotism or favoritism in favour F
of one candidate or the other, laid down the same having regard to the
doctrine of reasonableness and with a view to refrain the constitutional and
statutory authorities from acting arbitrarily. The sole purpose of issuing such
directions by this Court had been to uphold the doctrine of equality enshrined
in our Constitution. We have noticed hereinbefore that this Court has not G
set down any fixed rules. It had advocated flexibility. But the rule offlexibility
was directed to be applied having regard to the nature of post as also the
duties and functions of the incumbents thereof.

The post of Assistant Registrar in the universities was not of such
nature which would answer the requirements of the tests laid down by this H
720 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

1 A Court at certain times. The post requires no professional experience. What
was required to be seen was academic qualification, experience and other
abilities of the candidate. Whereas the ability of communication and other
skills may have to be judged through interview, experience of the candidate
as also the marks obtained by him in the written examination could not have
been ignored. It is not that the Commission was not called upon hold a
B written examination. The Rules enabled the Commission to do so. Such a
written examination in fact was held. However, the same was held only for
the purpose of short-listing the candidates and not for any other purpose. It
was not a fair exercise of power. The marks obtained by the candidates in
the said written examination should have been taken into consideration.
C Evidently, the Commission did not do so. For the reasons stated herein before,
we would direct the State of Madhya Pradesh therefor to consider the
desirability of amending the Rules suitably so that such charges of favoritism

D
or nepotism by the members of the constitutional authority in future is not
called in question.

We would, at the cost of repetition, would state that although for one
-
reason or the other, the High Court had not addressed itself on this question,
but, the very fact that such allegations had been made is a sufficient ground
for the State or the Commission to take appropriate steps for amending the
Rules for the said purpose.

E In the instant case, however, as all the selected candidates were not
impleaded as parties in the writ petition, no relief can be granted to the
appellant.

The appeal is dismissed with the aforementioned observations and
directions. No costs.

B.B.B. Appeal dismissed.