CHOUDHARY GOUTAM KUMAR SARANversusDIRECTOR OF SPORTS AND YOUTH SERVICES ORISSA AND ORS.

A             CHOUDHARY GOUTAM KUMAR SARAN
                             v.
        DIRECTOR OF SPORTS AND YOUTH SERVICES ORISSA
                          AND ORS.

                              SEPTEMBER 6, 1996
B
               (!(~RAMASWAMY AND G.B. PATTANAIK, JJ.]
                   .
          Seivice Law :

c vice) Rules,
        Olissa Auditors Se1vice (Method of Recniitment & Conditions of Ser-
               1987 :

            Schedule I-Rule 6-Selection to the post of Senior Auditor-Marks
    obtained by a candidate in the academic qualification test-Award of-Held
    Justified.
D                 •'
         CIVIL "APPELLATE JURISDICTION : Special Leave Petition (C)
    16871 of 1996.

          From the Judgment and Order dated 17.6.96 of the Orissa Ad-
    ministrative 'tribunal al Bhubaneswar in O.A. No. 875 of 1994.
E
          H.K. Puri for the Peti"tioner.

          The following Order of the Court was delivered :

        This special leave petition arises from the order of the Central
F Administrative Tribunal, Bhubaneshwar Bench, made on June 17, 1996 in
  OA No. 875/94. Applications were invited for recruitment to the post of
  Senior Auditor. The petitioner who at the relevant time was working on
  ad hoc also applied for selection to the said post. In the selection, three
  candidates, viz., S. Sahu with post-graduation in Commerce, Rao with
  graduation in Honours Commerce and the petitioner with graduation in
G Commerce. Sahu secured in viva voce 17 marks; minimum qualification
  would secure 2 marks whereas post-graduation would secure 5 marks out
  of the total 24 marks. Rao secured 15-1/2 in viva voce, 2 marks for
  graduation, 3 marks for graduation in Honours amounting to total of 20-1/2
  marks. The petitioner secured 18 marks in viva voce, 2 mf!rks in commerce
H graduation amount to the total of 20 marks. Thus Sahu having secured
                                      596


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   GOUfAMKRSARANv.DIRECTOROFSPORTSANDYOlflliSERVJCSOFORISSA             597

highest marks came to be selected. Impugning the selection, the petitioner    A
filed OA in the Tribunal. The Tribunal rejected the same holding that the
procedure adopted was valid in law and no interference is called for.

      Shri H.K. Puri, learned counsel for the petitioner, contended that
Rule 6 of Schedule I to the Orissa Auditors Service (Method of Recruit-       B
ment & Conditions of Service) Rules, 1987 provides that no extra
weightage should be given to the marks for academic qualification and that,
therefore, the award of the marks to Sahu and Rao for post-graduation
in Commerce and Commerce Honours is illegal. We find no force in the
contention. Clause (6) of Schedule l to the abovesaid Rules reads as
under:                                                                        c
        "6. Academic qualification - The marks secured from High School
        Cetificate examination to degree examination shall be the basis for
        awarding the marks for academic qualification. No weightage shall
        be given to higher examinations which the candidate might have        D
        passed. The marks obtained by a candidate in the academic
        qualification test shall be added to the marks obtained by him in
        the test and the aggregate so obtained shall determine his position
        inter se in the select list to be prepared by the Selection Board."
                                                                              E
       A reading of it would indicate that the marks secured from High
School Certificate examination to degree examination shall be the basis for
awarding the marks for academic qualification. No weightage has been
given for higher examination which the candidate might have passed.
However, the second clause indicates that the marks obtained by a can-
                                                                                F
didate in the academic qualification test shall be added to the marks obtain
by him in the written examination as well as viva voce test and the agregate
so obtained shall determine his inter se pc;isition in the select list to be
prepared by the Selection Board. It would thus be seen that the second
part of the Rules gives power to the Selection Board to award appropriate
marks to the academic qualification without giving weightage for post- G
graduation or Honours graduation since marks obtained by such can-
didates for those qualification are to be added to the marks obtained by
him in the written examination as well as viva voce test and the aggregate
of all should be the basis to determine inter se position in the select list to
be prepared by Selection Board.                                                 H
    598                   SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.

A         Thus, we hold that the process for selection of the candidates
    adopted by the Selection Board is consistent with clause (6) of Schedule I
    to the Rules. The Tribunal, therefore, has not committed any error war-
    ranting interference.

           The special leave petition is accordingly dismissed. No costs.
B
    G.N.                                                     Petition dismissed.




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