KUMARI ANAMICA MISHRA AND ANR. ETC. ETC.versusU.P. PUBLIC SERVICE COMMISSION, ALLAHABAD AND ORS.

        KUMAR! ANAMICA MISHRA AND ANR. ETC. ETC.
A
                            v.
             U.P. PUBLIC SERVICE COMMISSION,
                   ALLAHABAD AND ORS.

                             NOVEMBER 9, 1989
B
              [RANGANATH MISRA, P.B. SAWANT AND
                     K. RAMASWAMY, JJ.]

        Uttar Pradesh Educational Service-Junior Scale (Women's
  Branch)-Upper Zila Basic Shiksha Adhikari (Women)-Recruitment
  of-Written test-Improper feeding of computer-Consequent .inter-
C view and selection of candidates securing lesser marks in written test-
  Cancellation of entire recruitment examination and rehdlding it-
  Validity of

          The Uttar Pradesh Public Service Commission conducted recruit-
D   ment examination to the post of Upper Zila Basic Shiksha Adhikari
    (Women) in two stages-written test and Interview. The Commission
    cancelled the entire recruitment examination for re-holding it, after it
    was found that due to improper feeding into the computer candidates
    who secured lesser marks in the written examination were interviewed
    and finally selected while candidates who had better performance were
E   not called for interview. Writ petitions challenging the action of the
    Commission were dismissed by the High Court. Hence these appeals.

         Allowing the appeals and setting aside the judgment of the High
    Court, this Court,

p         HELD: When no defect was pointed out in regard to the written
    examination and the sole objection was confined to exclusion of a group
    of successful candidates in the written examination from the interview,
    there was no justification for cancelling the written part of t~e recruit-
    ment examination. [l25G]                                       ,

G          The situation on the other hand could have been appropriately
    met by setting aside the recruitment and asking for a fresh interview of
    all eligible candidates on the basis of the written examination and selec-
    tion of those who on the basis of the written and the freshly-held
    interview became eligible for selection. [125H; 126A)

H        CIVIL APPELLATE JURISDICTION: Civil Appeals Nos.
    4582-4585 of 1989.
                           124
               A. MISHRA v. U.P. SERVICE COMMISSION [MISRA, J.]           125

           From the Judgm,-nt and Order dated 29.7.1988 of the Allahabad High
      Court in C.M.W.P. No. 11933 & 16493/1987, 15731/1987 & 12373/1987.         A

           R.K. Garg, S.P. Singh, N.M. Popli, R.B. Misra, Uma Nath
      Misra and R.C. Kaushik for the Appellants.

            R.B. Mehrotra for the Respondent.                                    B

           The Judgment of the Court was delivered by

            MISRA, J. Special leave granted.

           The short question in these appeals is as to whether the High
      Court was right in upholding the decision of the Uttar Pradesh Public      c
      Service Commission to re-hold the recruitment examination.

            On the requisition of the State Government the State Public
      Service Commission had undertaken the recruitment to the post of
      Upper Zila Basic Shiksha Adhikari (Women), District Inspectress of         D
      Girls Schools/Associate Regional Inspectress of Girls Schools in Uttar
      Pradesh Educational Service-Junior Scale (Women's Branch) The
      advertisement inviting applications from eligible candidates was
      published on May 5, 1985 and a corrigendum was published on June 8,
      1985. The recruitment examination was in two stages-written and
      interview/personality test. After the written examination was over, on     E
      the basis of the results thereof successful candidates upto a base limit
      have to be ca.lied to be interviewed. On account of improper feeding
      into the computer some of the candidates who had better performance
      in the written examination were not called and candidates securing
      lesser marks in the written examination were not only called for
      interview but were also finally selected. When this position was known     F
      and upon an inqury was factually established, the Public Service Com-
      mission decided to cancel the entire recruitment examination and asked
      for re-holding of it. The High Court has upheld the action of the Public
      Service Commission and has dismissed the writ petitions.

            We have heard counsel for the parties and are of the view that G
      when no defect was pointed out in regard to the written examination
      and the sole objection was confined to exclusion of a group of success-
      ful candidates in the written examination from the interview, there was
      no justification for cancelling the written part of the recruitment
      examination. On the other hand, the situation could have been
...   appropriately met by setting aside the recruitment and asking for a H
    126         SUPREME COURT REPORTS                [1989] Supp. 2 S.C.R.

A fresh interview of all eligible candidates on the basis of the written
  examination and select those who on the basis of the written and the
  freshly-held interview became eligible for selection.

           We allow the appeals, set aside the judgment of the High Court
    and direct that the order of the Public Service Commission cancelling
B the written examination shall stand vacated. In lieu thereof we direct
  · that the results of the written examination shall stand sustained and
    shall form the basis for the interview part of the recruitment and on the
    basis of the two examinations and in terms of the recruitment rules
    fresh selections shall be made. We would clarify that with the dismissal
    of the special leave petitions the selection of the two Scheduled Caste
c candidates and five Backward Class candidates has become final and
    would not be disturbed.

        The State Public Service Commission should have been more
  careful in dealing with the matter so that four years in the process of
  recruitment would not have been lost and the public cause would not
D have suffered; public time would not have been wasted in requiring
  re-doing of what had once been done and the litigation could have
  been avoided. We have also not been able to appreciate the justifica-
  tion for cancellation of the written part of the recruitment examination
  and drive the candidates to litigation. On the facts alleged we direct
  that the recruitment which is now to be re-done by completing the
E interview examination should be finalised within four months hence.

          There shall be no order as to costs.

    T.N.A.                                                 Appeals allowed.