Holding

The Supreme Court held that the High Court erred in quashing the constable selections as it cannot invalidate a recruitment process solely on the basis of the number of candidates interviewed or alleged procedural irregularities absent proof of bias, mal‑afect or statutory violation.

Summary

The case concerned the recruitment of constables in Assam, where about 2 lakh candidates applied for 5,500 vacancies. Unsuccessful candidates filed writ petitions challenging the selection process on grounds such as postponement of interview dates, removal of district‑wise restrictions, allocation of 50 marks for viva voce, and the large number of candidates interviewed per day. The Gauhati High Court, through a single judge and later a division bench, set aside the selections in three districts, relying on a sample‑survey and a benchmark of 250 interviews per day. The Supreme Court held that the High Court could not quash the selections merely because of the volume of candidates or alleged procedural lapses without evidence of bias, mal‑afect, or violation of statutory rules, and that the court should have limited its inquiry to the pleadings. Consequently, the Supreme Court allowed the appeals, set aside the High Court’s judgments concerning Dhubri, Barpeta and Sonitpur districts, and upheld the validity of the recruitment process.

Issues considered

The High Court’s authority to set aside selections in a large‑scale recruitment based on the number of candidates interviewed per day.
Whether the allocation of 50 marks for the viva voce interview violated any statutory provision.
Whether postponement of interview dates and removal of district‑wise restrictions amounted to procedural irregularities warranting quashing of the selections.
Whether the High Court could conduct a roving factual inquiry and rely on a sample‑survey without specific allegations of bias or mal‑afect.

Subjects

recruitmentconstable selectionwrit petitionArticle 226natural justiceselection processinterviewviva vocebenchmarkadministrative law

Judgment

[2008] 3 S.C.R. 497
·>
..I...

SADANANDA HALO & OTHERS A
v.
MOMTAZ ALI SHEIKH & ORS.
(Civil Appeal No. 1609 of 2008)
FEBRUARY 27, 2008
B
... i (S.B. SINHA AND V.S. SIRPURKAR, JJ.)

Service Law:
Recruitment of Constables - Recruitment rallies
conducted in all Districts of State of Assam - Selections c
challenged - Single Judge of High Court constituting a
Screening Committee and on the basis of sample survey and
by fixing a bench mark of 250 candidates to be interviewed
per day, set aside selection of fifteen Districts mainly on the
ground of enormous number of candidates appearing for D
~
interview per day- Division Bench allowed appeals with regard
to 4 Districts and affirmed quashing of selection in respect of
remaining Districts - Appeals against quashing of selection
in three Districts - HELD: Single Judge of High Court had
expressed his satisfaction with procedure adopted - No E
deviation from rules or no inherent defect in selection process
which would render whole selection illegal have either been
alleged or proved - Instead of testing the matter in the light of
....._ ground realities for each District on the basis of material on
" record, a mere expression of doubts only on the ground of F
large number of candidates appearing for interview cannot by
itself render the whole selection process illegal - Fixing of
bench mark of 250 candidates for interview per day was not
proper - Judgments of single Judge and Division Bench of
High Court in so far as they pertain to selection of three Districts
G
concerned are set aside- Constitution of India - Article 226.

:.. Recruitment of Constables- Allocation of 50 marks for
viva voce -- Marks further sub-divided into six factors specifying
20 marks for oral test - Held : Such scheme cannot be found
497 H
498 SUPREME COURT REPORTS [2008] 3 S.C.R.

A fault with ---Besides, it would be only for the State Government
to fix standards for viva voce - Administrative Law.
Constitution of India, 1950:
Article 226 -Scope of -- Writ petitions by unsuccessful
B candidates challenging selection of Constables held during
recruitment rallies in State of Assam - Single Judge of High ...
Court constituting a Screening Committee - On basis of "'
"sample survey" Single Judge setting aside selection of 15
Districts- HELD: In such a writ petition roving inquiry on factual
c aspects is not permissible - While testing fairness of selection
process wherein thousands of candidates were involved, High
Court should have been slow in relying upon findings of
Screening Committee-- Going into microscopic details, not
via pleadings of parties but on basis of unnecessary
investigation, cannot be approved - It was not for the High
D
Court to place itself into the position of a fact finding -1-
Commission that too at the instance of unsuccessful
candidates - Exercise undertaken by scrutinizing the marks
allotted to candidates was unnecessary and unwarranted since
no such assertions were made in writ petitions - High Court
E should have restricted itself to pleadings in writ petitions and
counter affidavits - High Court' substituted itself for Selection
Committee and in the process assumed the role of appellate
tribunal which was not proper-Administrative Law - Selection
Process - Interference with - Pleadings.
. ~

F "
Article 226 - Writ petitions challenging recruitment of a
large number of constables - Selected candidates not made
parties - High Court advertising the dates of hearing of writ
petitions without impleading the selected candidates as parties
- Held: The course adopted by High Court not proper- Even
G
those who appeared before the High Court were not supplied
copies of writ petitions in time - This amounted to denial of
opportunity of hearing to selected candidates -Administrative ,__
Law - Principles of Natural Justice - Practice and Procedure.

H In the State of Assam 5500 vacancies of Constables
SADANANDA HALO & OTHERS v. MOMTAZ ALI 499
.
..-'-
SHEIKH & ORS .

to be filled in by District-wise selection, were advertised A
on 21.8.2004. On 16.11.2004 the Government notified its
decision that restriction of District-wise selection would
be there only to the posts of District Executive Force and
not to Armed Police Battalion. The recruitment process
commenced on 3.12.2004 and lasted upto 11.12.2004. B
... "I Select-lists prepared for each District for the Armed Police
Battalion located in the District and for the District
Executive Force were challenged by unsuccessful
candidates in several writ petitions, inter alia, on the
grounds of: (i) postponement of selection on more than c
two occasions with an ulterior motive on the part of the
Government ; (ii) not following the procedure laid down
in the employment notice, (iii) non-maintenance of
necessary registers, (iv) selection of candidates without
their taking part in selection process or selection of under-
-~ l,._
D
qualified or over-aged candidates, (v) selection of
candidates who could not qualify physical test, (vi)
interpolation/tampering with marks allotted to candidates,
(vii) political interference in favour of some of the
candidates, (viii) allotment of 50 marks for personal
interview segment, and (ix) consideration of huge number E
of candidates per day. The single Judge of the High Court
got the records of the selection process scrutinized
through a Screening Committee of three judicial officers.
, ~.
He upheld the selections in respect of 10 Districts but
quashed the selection process and selections in respect F
of other Districts. The single Judge fixed a bench mark of
maximum 250 candidates to be interviewed on a single
day and held that in the Districts concerned, average
number of candidates was much more. On the basis of
the reports of the Screening Committee on random G
scr.utiny, the single Judge opined that allotment of 50
~ marks for viva voce, was not justified. On the basis of the
report of the Amicus Curiae, it was observed that the
selected candidates got high marks in viva voce ranging
between 30 to 41 out of 50 marks. The Division Bench of H
500 SUPREME COURT REPORTS [2008] 3 S.C.R.
.
-'-

A the High Court allowed appeals with regard to four
Districts and dismissed those in respect of the remaining
Districts. The only ground on which selections were set
aside was that the number of candidates interviewed was
enormous and the viva voce was farce.
B The instant appeals were filed against quashing of
selection in respect:of only three Districts mentioned in ,. ..
the judgment.
Allowing the appeals, the Court
c HELD: 1. As regards the change of dates of interview,
firstly, there were no proper pleadings with necessary
details before the single Judge; secondly, how the
postponements affected the selection process is nowhere
displayed and; further, which political leaders were
D responsible for such postponements of interview dates _,.-
is also not known. On the other hand, it was found from
the records that selections were postponed on account
of Asian Car Rally, Kali Puja, Diwali and Id festivals. There
is no definite finding that the postponements affected the
E selection process. The very fact that there was a huge
turn out in each District suggests the hollowness of the
claim that the selection process was affected because of
the postponements. Therefore, it cannot be said that
anything was wrong in postponing the interview dates.
.
'
F [para 26] [525-F-H; 526-A-C]
2. The complaint against removal of District-wise
restrictions by the Government by its letter dated
16.11.2004 does not hold any ground. None of the courts
below has commented on the selection process on this
G
issue. The petitioners were not able to show as to what
prejudice was caused by removal of District-wise
~
restriction in selection. On the other hand, by doing so,
the Government made the selection process broader.
[para 26) [526-C-E]
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 501
SHEIKH & ORS .
......... 3.1 With regard to the complaint that 50 marks were A
allotted for personal interview or viva voce, the single
Judge as well as the Division Bench have rightly found
that in the peculiar circumstances it was of no
consequence. No arguments were addressed on this
point before the Court. Besides, 50 marks for personal B
interview were distributed on six factors, namely (1)
... ~
Educational Qualification -5 marks, (2) Smartness, general
ambience - 5 marks, (3) Language, reading and writing -
10 marks, (4) Extra Qualifications - 5 marks, (5) Proficiency
in sports, marshal arts - 5 marks, and (6) General c
knowledge and oral test - 20 marks. Thus the oral test is
only left with 20 marks which is quite reasonable.
Therefore, it cannot be said that there was anything wrong
on account of allotment of 50 marks for viva voce. It has
not been disputed that this pattern of interview was
D
followed in all the Districts. Besides, it would only be the
-"' State Government which could be in a position to address
as to the standards fixed for the purposes of viva-voce.
[para 14 and 26] [526-E-F; 516-E-H; 517-A]
3.2 The exercise undertaken of scrutinizing the E
marks allotted to each and every candidate was
unnecessary and unwarranted since in the petition no
such assertions were made . The High Court should have
restricted itself to the pleadings in the writ petition and
'\
~ the stand of the respondents. It is settled law that in such F
writ petitions a roving inquiry on the factual aspect is not
permissible. The High Court not only engaged itself into
a non-permitted fact finding exercise but also went on to
rely on the findings of the Scrutiny Committee, which was
inappropriate. While testing the fairness of the selection
G
process wherein thousands of candidates were involved,
the High Court should have been slow in relying upon
such findings. The approach of the single Judge of the
High Court in going into the facts and the microscopic
details, not via the pleadings of the parties but on the basis
H
502 SUPREME COURT REPORTS [2008] 3 S.C.R.
..
.;._

A of an unnecessary investigation, cannot be approved.
Such selection of large number of candidates could not
have been set aside on the basis of sample survey, for
whi~h no evidence was available. It was not for the High
Court to place itself into the position of a fact finding
B commission, that too, at the instance of unsuccessful
candidates. The High Court substituted itself for the
Selection Committee and also in the process assumed ~
.
the role of appellate tribunal which was not proper. Thus,
the High Court converted the writ petition into public
interest litigation without any justification. [Para 43, 44
c and 49] [538-F; 539-B; 538-G-H; 539-A, 543-G-H; 544-A;
539-A-C]
Union of India & Ors. v. S. Vinod Kumar & Ors. [2007] 8
SCC 100; and Om Prakash Shukla v. Akhilesh Kumar Shukla
D & Ors. [1986] Supp. SCC 285 - relied on.
,. -
4.1 So far as the major complaint regarding
enormousness number of candidates interviewed per day
is concerned, the single Judge held that every Board on
one day could, at the most, interview 250 candidates. The
E Division Bench also seems to have endorsed this view.
Such a benchmark could not have been fixed generally
and merely because that benchmark was allegedly
breached, the selection could not have been found fault
with in a mechanical and mathematical manner. Instead ~

F of testing the matter in the light of ground realities for each •
District on the basis of material on record, a mechanical
approach could not have been taken by the High Court.
[para 27-28) [527-B-D, F-GJ
4.2 From the guidelines, it is apparent that firstly,
G alongwith minimum educational qualification, the
candidates had to fulfil physical standards. This task was
distributed on all the centres amongst a number of other
helping staff. Only those who crossed this barrier as also
the test by conducting the race, were to proceed for
H further physical tests. This exercise was not as time
SADANANDA HALO & dTHERS v. MOMTAZ ALI 503
SHEIKH & ORS.

consuming and could have been done collectively as a A
team event. The candidates so filtered were further
subjected to subsequent physical test of high jump, long
jump and sprint of 100 mtrs. etc. It is at this stage that the
remaining elegible candidates were interviewed for their
viva voce. [Para 33] [530-H; 531-A-E] B
4.3 It is worth noting that the recruitment was for the
-i posts of Constables. The minimum educational
qualification was prescribed; the physical standards of
each candidate were very much there before the
interviewing board; the merits of the candidates were also C
recorded regarding their physical efficiency; there was
no requirement of testing administrative or management
capacity of the candidates and/or any other quality which
is required for higher posts. All that was necessary was
to see physical fitness of the candidates in terms of D
physical endurance, their smartness in appearance and
further to test their intelligence level including their general
knowledge as required for the post of Constable.
Therefore, even less than three minutes time was enough
for each candidate. Due credit to the expertise of Selection E
Committee has also to be given. [para 31] [529-D, E, F]
Sardara Singh v. State of Punjab [1991] 4 SCC 555; and
Joginder Singh and others v. Roshan Lal and others [2002 9
sec 765 - relied on
F
Satpa/ & Ors. v. State of Haryaney & Ors. [1995] Suppl. 1
SCC 206; and Ashok Kumar Yadav v. State of Haryana [1985]
4 sec 417 - distinguished.
4.4 Besides, the courts below did not have any
tangible evidence regarding the interviews being farcical, G
except the self-serving statement made by the
unsuccessful candidates in the writ petitions. This is apart
from the settled position that unsuccessful candidates,
after having taken part in the selection process, cannot
turn back and assail the selection process. The High Court H
504 SUPREME COURT REPORTS [2008] 3 S.C.R.

.
A even did not have the reasons for which the unsuccessful
~

candidates were rejected. Therefore, there is no reason
as to how the High Court could have come to the
conclusion that the selection board could interview
only 250 candidates per day and not more. [Para 26, 33-
B 34,45] [531-E, F, G; 526-G; 527-A]
Canara Bank and others v. Debasis Das and others
[2003] 4 SCC 557 ; All India SC & ST Employees Association ,_
and Another v. A. Arthur Jeen and Others [2001] 6 SCC 380;
Prabodh Verma v. State of UP [1984] 4 SCC 251 and AMS
c Sushanth v. M. Sujatha [2000 10 SCC 197 - relied on.
General Medical Council v. Spackman 1943 AC 627;
Taylor v. National Union of Seaman (1967) 1 WLR 532;
Garland v. British Rail Engineering Ltd. (1969) 1 WLP 1041;
Walter Annamunthodo vs. Oilfields Workers' Trade Union 1961
D
SE 945; Chief Constable of the North Wales Police vs. Evans
(1982) 1 WLR 1155; B. Surinder Singh Kanda v. Government ~-

of the Federation of Malaya (1962) AC 322; Hadmor Products
Ltd. & Ors. v. Hamilton and another (1983) AC 191 - cited.
E 4.5 The first basic thing for consideration in respect
of such a selection process would be lack of bona fides
or, as the case may be, malafide exercise of powers by
those who were at the helm of selection process. The
single Judge or the Division Bench of the High Court has
F not recorded any finding that they found any malafides
on the part of any of the State officials who headed the
interviews. On the other hand, the tenor of the judgments
shows that the selection process did not suffer from
malafides, lack of bonafides, bias or political interference.
No deviation from the rules or no inherent defect in the
G
selection process which would render the whole selection
illegal have either been alleged or proved. A mere
expression of doubts only on the ground of large number ;!
of candidates appearing for interview cannot by itself
render the whole selection process illegal. [Para 46 and
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 505
SHEIKH & ORS .
.
-""
47] [540-C, D; 541-0, E, F] A
Union of India & Others vs. Bikash Kumar [2006] 8 SCC
192 - relied on.
Raj Kumar & Others v. Shakti Raj & Others [1997] 9 SCC
527 - distinguished. B
'
~
5. The course taken by the single Judge in
-f advertising the dates of hearing of the petitions and
inviting objections of the selected candidates who were
never made parties to the writ petitions is also not
satisfactory. Even when few of the selected candidates c
approached the High Court, they were not even supplied
copies of the writ petitions in time. This amounted to denial
of an appropriate opportunity to the selected candidates.
[para 48] [541-F, G; 542-8, C]
D
-., All India SC & ST Employees Association and Another
v Arthur Jeen and Others (2001) 6 SCC 380; Prabodh Verma
v State of UP (1984) 4 SCC 251; and AMS Sushanth v. M.
Sujatha (2000) 10 SCC 197-relied on.
6. As regards the selection in Dubri District, it is E
pointed out that the guidelines dated 2.9.2004 were strictly
adhered to. The procedure adopted suggests the
systematic way in which the whole interview process went
...
~
on in the District. The single Judge in his judgment has
observed that as per the report of the Amicus Curiae the F
selected candidates got higher marks in viva voce ranging
between 30 to 41 marks. This could be no reason to reject
the selection. The single Judge has in fact recorded his
satisfaction for the printed charts and more particularly
about their authenticity, as also with the procedure G
adopted. There is hardly any reason given by the Single
Judge excepting that the benchmark of 250 candidates
~ crossed. The Division Bench has also gone by the
mechanical test of benchmark of ~50 candidates. It seems
to have taken an exception to the proceedings dated H
506 SUPREME COURT REPORTS [2008] 3 S.C.R.

A 4.12.2004 and 5.12.2004. That is by far the only reason
given by the Division Bench for upholding the finding of
the Single Judge. No court has, however, considered
ground realities shown as per the counter affidavit which
has remained uncontroverted. Therefore, the only reason
B given by the High Court could not be said to be a deciding
factor for setting aside the selection. [para 35-37) [532-G;
533-G; 534-A, B, C, D, E]
7.1 So far as selections in Barpeta District are
concerned, the single Judge seems to have gone by the
C simple mathematical rule of dividing 5540 candidates by
9 since the interview process lasted for 9 days. He seems
to have relied on the rule of average. The Division Bench
has given the daily break up of the candidates interviewed
on each day and without making any distinction, has held
o that merely because the number of candidates exceeded
on particular days the said "benchmark", the selection
was bad. [para 39-40] [535-G; 536-A, D, E]
7.2 As regards the allegation that some candidates
were selected at the written request of a Minister, the
E Amicus Curiae in his report stated that the written request
was in respect of 43 candidates out of whom 19
candidates were selected. The single Judge has,
however, candidly held that the marks given to the said
19 candidates do not reflect award of any abnormally high
F marks in the viva voce test. All that the single Judge has
recor.ded is that having regard to the "fragile nature of
the selection" it would be just and proper to set aside the
selections made in the District This kind of general and
casual remarks cannot be approved. This is apart from
G the fact that there is nothing to suggest that in reality any
recommendations were made. [para 39] [536-A, B, C, DJ
8. With regard to selections in District Sonitpur, the
single Judge has hardly given any reasons and has
recorded that a large number of candidates who failed in
H physical test were given low marks in the interview. The
SADANANDA HALO & OTHERS v. MOMTAZ ALI 507
SHEIKH & ORS. [V.S. SIRPURKAR, J.)
.;,
....... two candidates mentioned specifically, if were not within A
the proper age limit, the single Judge was undoubtedly
right in setting aside their selection. But that could not be
a reason by itself to set aside the whole selection of more
than 400 candidates. There is absolutely no reference to
any ground facts and the single Judge seems to have B
relied wholly on the views expressed by the Amicus
I

.~
_,. Curiae. The only reason appears to have weighed with
the single Judge for setting aside the selection was
crossing of the benchmark of 250 candidates a day. The
treatment of the Division Bench is identical. [para 42-43]
[537-E, F, G; 538-A, B]
c
9. The judgments of the single Judge as well as the
Division Bench in so far as they pertain to the three
Districts of Dhubri, Barpeta and Sonitpur, are set aside.
[para 50] [544-A, BJ D

-""' CIVILAPPELLATE JURISDICTION: Civil Appeal No. 1609
of 2008.
From the final Judgment and Order dated 6/12/2006 of
the Gauhati High Court in W.A. No. 34/2006.
E
WITH
Civil Appeal Nos. 1614, 1615 and 1610-1613 of 2008.
Rajeev Dutt, S.K. Dholakia, Jai Prakash Pandey, Sanjeev
~

~ Sen, H.U. Choudhury, F.1. Choudhury, Dr. NafisA. Siddiqui, Arna F
Das, Shakeel Ahmed, lrshad Ahmad, Pradeep Aggaiwal, P.
Upadhyay, N. Annapoorani and Abhijit Sengupta for the
Appellants.
Avijit Roy, Ranjan Majumdar (for MIS. Corporate Law
Group) and Dr. Nafis A. Siddiqui for the Respondents. G

The Judgment of the Court was delivered by
~ V.S. SIRPURKAR, J. 1. Leave granted in Special Leave
Petition (C) Nos.3536/2007, 6576/2007, 6581/2007 and
17219-17222 of 2007. H
508 SUPREME COURT REPORTS [2008] 3 S.C.R.
...
A 2. The present Judgment shall dispose of all the above
mentioned Special Leave Petitions.
3. A large number of petitioners have filed the above sets
of Special Leave Petitions challenging therein a common
judgment of the Guwahati High Court disposing of as many as
B 54 Writ Appeals which were filed against the judgment and order
passed by the learned Single Judge of that High Court disposing ...
~-
of as many as 222 Writ Petitions. All those 222 Writ Petitions
were disposed of by the lea.med Single Judge by a common
judgment. The writ petitions pertained to the selections in a
c selection process for the 5500 posts of Armed Constables which
was initiated by advertisements dated 21.8.2004. This
advertisement was based on the separately identified vacancies
for each Armed Police Battalion having its permanent
headquarters in a District. The recruitment was to be held in 25
D different centres covering each District of State of Assam for
the vacancies identified separately for that district. As many as ,A -

2 lakh candidates took part in the recruitment process which
commenced on 3rd December, 2004 and lasted upto 11th
December, 2004. On completion of the recruitment drive,
E separate select-lists for each District for the Armed Police
Battalion located in the District and the District Executive Force
were prepared. These select-lists were challenged in the above
mentioned 222 writ petitions by nearly 3000 unsuccessful
aspirants. Later on more than 1000 selected candidates also .,.
F got themselves impleaded in th.e writ petitions. Initially the court
..
sought for the records of the selection process and ordered the
same to be kept in safe custody of the Registry of the court.
This was done since the apprehensions were expressed by the
Writ Petitioners that there may be tampering of records. A
scrutiny of these records was got done by the learned Single
G
Judge through three Judicial Officers who were appointed for
that purpose. A sample survey of the records of the selected/
unsuccessful candidates was done by the three Judicial officers. ~
While going through the records, the learned Single Judge
considered the same District-wise and ultimately upheld the
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 509
SHEIKH & ORS. [V.S. SIRPURKAR, J.]
~
__._
selections in respect of 1ODistricts while the selections as well A
as the selection process in the other Districts were set aside
and quashed. This gave rise to the Writ Appeals both by the
State as also by the selected candidates. The appeals, therefore,
came to be filed in respect of the following Districts and
Battalions: B

- j
1) Dhubri
2) Karimganj
3) Hailakandi
4) Cachar c
5) Sibsagar
6) Jorhat
7) Nagaon
8) Darang D
-"' 9) Sonitpur
10) Goal para
11) Morigaon
12) Barpeta E
13) 4th APBN, GRP, CID, SB & ACB
14) Commando BN & Kamrup DEF
15) 10th APBN
...
• The Division Bench allowed the appeals pertaining to (i) F
Karimganj District, (ii) Hailakandi District, (iii) Commando
Battalion & Kamrup DEF; and (iv) 1oth AP Battalion. The appeals
pertaining to the rest of the Districts/Battalions were dismissed.
As such the selections made in those Districts/Battalions were
also set aside as was done by the learned Single Judge. In the G
present Civil Appeals before us we are concerned with the
selections of only three Districts, they are: (i) Dhubri, (ii) Barpeta;
~ and (iii) Sonitpur. Civil Appeal arising out of SLP (C) No.3536/
2007 pertains to Dhubri District, Civil Appeal arising out of SLP
(C) Nos.6581 and SLP (C) Nos.17219-17222 of 2007 pertain
H
510 SUPREME COURT REPORTS [2008] 3 S.C.R.

....
,,,_
A to Barpeta District while Civil Appeal arising out of SLP (C)
6576 of 2007 pertains to Sonitpur District. We will, therefore,
be limiting ourselves only in so far as those Districts are
concerned.
4. As has been stated earlier, there were advertisements
B dated 21.8.2004 published in all the leading newspapers of the
State which provided the District/Battalion-wise vacancies as
also the vacancies meant for the reserved categories
,_
candidates. The notice also provided the further details
regarding the dates and venue of the Recruitment Rally in each
c District. The minimum physical standards for male and female
candidates were also indicated therein. The educational
qualification was 3th Class passed while age limit was between
18 to 25 years as on 1.1.2004, relaxable by three years in the
case of candidates belonging to SC/ST. 10% of the vacancies
D were to be filled up by women candidates while further 5% were
reserved for compassionate appointments. Under the procedure ,.. -
of selection it was provided as under:
"All the candidates will have to undergo test on physical
standard as stated above, if their application forms found
E correct and in order in all respect. Candidates found to
have any physical deformity duly certified by the medical
officer present in the test, shall be rejected. Thereafter, all
male candidates will be asked to run a race of 0.60 KM
and female (sic) candidates qualified in the race shall ...
F be allowed to appear for subsequent test mentioned •
below.

(a) Physical Maximum Qualifying 1. 100 Mtrs. Race
efficiency test marks marks 2. High Jump
G 3. Long Jump

(b) Personal 50' 25 General
interview awareness
general knowledge
and language
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 511
SHEIKH & ORS. [VS. SIRPURKAR, J.]

Only candidates who qualify in the. physical efficiency test A
shall be short listed for appearing. in the personal interview
(viva voce).
(c) Final selections will be. made district/battalion wise.
on the basis of the over all merit on physical efficiency test
and p.ersonal interview (viva voce) and reservation of quota B.
under RVSP· Act, 1978."
One Selection B-oard was constituted for each District
consisted of:
"(1') Superintendent of Police/Commandant (whoever is, C.
senior - Chairman)'
(2) Sup·erintendent of Police/Commandant (whoever is
junior - Memb·er)
(3,) One; Medical Officer (to. be nominated by the. Joint D
Director; Health Services· of the· District - Member).
lh the. Districts; where: there. is (sic) nu Battalion
headquarter; the' Gommandant· of the nearest Battalion
was. . to· be th·e Chairman or Member as· the case may be,
to.oenominatedbythe DGP In the notification constituting E
the Selectiun Board; it was also provided that the Selection
Board shall (sic) also consider candidates . having HSLC
or equivalent qualification or above from recognized
Board/University of Assam for recruitment to District
Executive Force (UB)." F
•
The guidelines were issued on 2.9.2004 for conducting
recruitment tests. As per the said guidelines, the entry of the
candidates into the Recruitment Rally was restricted to 5,000
on a sing.le day. The candidates. were; to submit their filled in G
application forms.to the.Chairman orth·e Selection Board or his·
representatives before participating in the elimination race. For
the male candidates, the distance of the race was 1.60 Kms.
~ while for the female candidates it was 0.80 Kms. Only those
candidates who. could qualify in the. physical standards were· H
512 SUPREME COURT REPORTS [2008] 3 S.C.R.

A permitted to participate in the elimination race and only those
who could qualify the elimination race were to be given identity
numbers after recording their Bio-Data in the prescribed register.
Those who could qualify in the elimination race were to face the
physical test comprising of 100 meter race, high jump and long
B jump and only those candidates who could secure 25 marks
out of the 50 allotted for physical efficiency test were to be called
for personal interview, for which the allotted marks were 50.
Those candidates who could qualify in the elimination race were
to get 15 marks whereas the 35 marks were reserved for the
c physical efficiency test wherein 15 marks were to be for 100
meter race, 10 marks were for long jump and 10 marks for the
high jump. The Recruitment Rallies were held between 3rd to
11th December, 2004 and after completion of the entire process
of selection the select-lists for each DistricUBattalion were
D prepared. It was, at this stage that the Writ Petition came to be
filed firstly challenging the very recruitment process and
methodology adopted.
5. The selections were ultimately held between 7th to 11th
December, 2004. Though, initially the candidates belonging to
E one particular District could take part in the Recruitment Rallies
for the posts of that District only, afterwards the Government by
its letter dated 16.11.2004 conveyed the decision that the
restrictions relating to District-wise selection of candidates being
limited to the candidates of those Districts only would not apply
F to the recruitment of the Armed Police Battalion but would hold
good only for the posts advertised for the District Executive
Force.
6. In the writ petitions various challenges were made before
the learned Single Judge they were, inter alia, (i) not following
G the procedure in the employment notice; (ii) non maintenance
of necessary Registers; (iii) selection of the candidates without
their taking part in the selection process or the selection of
under-qualified and over-aged candidates; (iv) selection of those
candidates who could not qualify the physical tests; (v)
H interpolations/tampering in the allotted marks to the candidates;
SADANANDA HALO & OTHERS v. MOMTAZ ALI 513
SHEIKH & ORS. [V.S. SIRPURKAR, J.]

...
,-..._ (vi) political interference in support of some of the selected A
candidates; (vii) allotment of 50 marks for the personal interview
segment as also (ix) consideration of huge number of
candidates within a span of only 9 days. In short the whole
selection was dubbed as farcical. Learned Single Judge
cancelled the entire selection in respect of 15 Districts out of B
26 Districts and that is how the appeals were filed by the
selected candidates as has already been clarified by us. Now
-I'' we are concerned only with the selections of three Districts
named above.

7. Though it was stated before us by the learned counsel c
appearing on behalf of the appellants that the learned Single
Judge as well as the Division Bench had upset the selections
only on the ground of non feasibility of completing the interviews
of large number of candidates in short time and further though
the learned counsel concentrated on that factor, it would be better D
to take account of the general findings as regards the selection
-"" process recorded by the learned Single Judge as w~ll as the
Division Bench to see whether those findings would affect the
selections.

10. It was argued before the learned Single Judge that the E
selection process was postponed on more than two occasions
and there was an ulterior purpose on the part of the govern merit
behind these postponements. It was also stated that though
initially there was a restriction of belonging to a particular District
_...
.. in order to be able to take part in the selection process, such F
restriction was later on removed by the State Government.
Considerable arguments seems to have been addressed on
this aspect before the learned Single Judge. It was pointed out
that initially the selections were to be held earlier but they were
postponed to 1sth to 24th November, 2004 on account of the G
bye-elections in one of the Assembly Constituency, further the
second postpo.1ement was made to 30th November, 2004 by
an order dated 2. 11.2004 on account of Asian Car Rally, Kali
~~
Puja, Diwali and Id Festivals and ultimately, the selections were
postponed to the second week of December and in the H
514 SUPREME COURT REPORTS [2008] 3 S.C.R.

A meantime the government by its letter dated 16.11.2004 had ....
~

removed the restrictions relating to the District-wise selection
of candidates being limited to the candidates of those Districts
only in cases of posts advertised for District Executive Force.
11. A further common contention was raised that this
B postponement was politically motivated and the removal of the
District restrictions was also politically motivated and it resulted
in large scale irregularities in the selection.
''L

12. The next contention was regarding the distribution of
c marks. It was pointed out that 50 marks were allotted for the
personal interview which was not correct. Lastly itwas contended
that the interviews were farcical in nature and the large number
of candidates could not have been interviewed on a single day.
13. Learned Single Judge did not give independent
D findings on these contentions but chose to consider all these
contentions together. He first fixed a benchmark of maximum
250 candidates to be interviewed on a single day relying on ,... -
certain rulings of this Court. He also held that the State would
have to justify the allotment of 50 marks for the viva voce test.
E The learned Judge also recorded that while deciding about the
effect of postponement of interviews and the removal of District
restrictions•, he would consider the case of each District basing
the same on the scrutiny made by the three judicial officers who
were appointed by him to examine the District-wise records. In
F para 25 the learned Judge held: ,.
"The above discussion would now require the court to
record what has been revealed by the scrutiny of the
records that had been undertaken by the court and the
conclusions that the court considers prudent to reach on
G that basis. It would not only be convenient but also
imperative for the court to proceed in the matter district/
centre-wise as each selection has to be construed as a
separate and independent selection. What, however, must
be emphasized, at this stage, before embarking upon the f--
H necessary discussions is that the records of each district
SADANANDA HALO & OTHERS v. MOMTAZ ALI 515
SHEIKH & ORS. [V.·s. SIRPURKAR, J:)

have been scrutinized by the court only to determine the ·A
fairness of the exercise performed while ·subjecting the
huge number of candidates to the·different stages ofthe
selectionprocess.The·court has not, even remotely,:been
concerned with the marks awarded to ·any particular
candidate; no attempt has been made to evaluate the B
standards reached by the candidate·at--cmy of the.stages
of the selection process. It is broad·andgeneFal impression
of the sel·ection process that has been ;attempted to be
reached by the court on the basis of the records scrutinized
and not ca minute and microscopic examination of the c
selection process. Again, it must be emphasized that the
scrutiny of the records has been made on 'B
representative basis, as '.alreaqy indicated in the opening
part of the present judgment and the conclusions -as will
be reached and recorded is by •a process of correlation
0
of the result of the sample scrutiny with the re-st of the
cases constituting the general trend. This, the court
understands to be th·e only pragmatic manner of resolution
of the dispute involving the selection of nearly 5500
constables from:a total of over 2 lakh job seekers."
E
(Emphasis Supplied)

We do not, however, find concrete findings having been
given on the general submissions. Before taking up this exercise
the learned Single Judge seems to have rejected, though
indirectly, the objection raised by the State that having taken F
part in the selection process, the unsuccessful candidates could
not have complained about the postponement of the selection
process nor could they question the correctness thereof after
being declared unsuccessful in the same. Though the substantial
case law has been quoted by the learned Single Judge, the G
learned Judge relying on Raj Kumar & Ors. v..Shakti "Raj &
Ors. [(1997) 9 SCC 527] went on to hold:
"In such circumstances, the court is of the view that in the
facts of the present case it would not be correct to refuse
H
516 SUPREME COURT REPORTS [2008] 3 S.C.R.
,-.

A an adjudication of the merits of the dispute raised by the
petitioners."
The learned Judge also observed that considering the
enormousness of the selection process, the court would have
to uphold its adjudicatory mechanism to protect the inherent
B requirement of fairness in the administrative process and rule
of law on the basis of "Basic Pleadings" thereby indicating his '\,.
satisfaction about the pleadings in the writ petitions which were
fiercely opposed by the State on the ground of absence of proper
pleadings. Further, the learned Judge justified the interference
c though the writ petitions were filed by unsuccessful candidates
who had participated in selection process without demur. Similar
view as taken regarding allotment of 50% marks to personal
interview. The learned Judge decided to depend on the Scrutiny
Committee's reports on allotment of marks to see whether the
D marks were awarded excessively. r-
14. When we see the District-wise approach by the learned
Single Judge, it is apparent that in so far as Golaghat District
(with which we are not concerned) is concerned, the 50 marks
allotted for viva voce were further bifurcated in the following
E manner:

"1. Educational Qualification 5 marks
2. Smartness, general ambience 5 marks ,.
F 3. Language, reading and writing 10 marks
4. Extra Qualifications 5 marks
5. Proficiency in sports, marshal arts 5 marks
6. General knowledge and oral test 20 marks"
G
It was argued before us on behalf of the Government that
this was normally the pattern of interviews practically in all the
Districts as the guidelines were fixed for the purpose of
~ ..
interviews (viva-voce) in the similar fashion commonly for all the
Districts. This was not contradicted before us and indeed it
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 517
,,.,..
"" SHEIKH & ORS. [V.S. SIRPURKAR, J.]

cannot be, for the simple reason that it would only be the State A
which could be in a position to address as to the standards
fixed for the purposes of viva-voce (presuming that they were
so fixed).
15. As regards Barpeta District, the learned Single Judge
found that the register of candidates of Barpeta was maintained B
_;'( only from the stage of completion of the elimination race wherein
5540 candidates had qualified. All of them were allowed to take
the physical test. The learned Judge then deduced that 5540
candidates were interviewed in a span of 9 days. He, therefore,
came to the conclusion that the average number of candidates c
on each day was much more than the benchmark of 250 which
he had fixed. He also recorded that one Minister had made
written request in respect of 43 candidates but out of them only
19 were selected. However, the learned Judge did remark that
the marks secured by most of the aforementioned 19 candidates D
---·" did not reflect award of any abnormally high marks in the viva
voce test. The learned Judge then recorded:
".... yet having regard to the very fragile nature of the viva
voce segment of the selection on account of the
participation of over 5500 candidates therein, I am of the E
view that the just and proper conclusion that must be
reached in the totality of the facts of the case is that the
_.Jti.- selections held in Barpeta District should receive this
"' Court's interference. Accordingly, the said selections are
. set aside." F

16. As regards Dhubri District, the learned Single Judge
noted that as many as 117 posts were advertised and 3722
candidates competed for the same after being qualified for the
physical test. The learned Judge then noted, as per the report
G
of the Amicus Curaie, that all the selected candidates had got
high marks in viva voce ranging between 30 to 41 out of 50
~"' mar~s. The learned Judge did not find fault with the application
forms of the selected candidates which were duly initialed by
the concerned officers nor did he find fault with the procedure
H
518 SUPREME COURT REPORTS [2008] 3 S.C.R.
...
,.--.

A adopted. However, the learned Judge noted that the number of
candidates who were interviewed during 9 days was a "high
disturbing factor" as also the award of high marks in the viva
voce to the selected candidates which has an isolated feature
by itself which could assume significance. It is only on this
B material that the whole selection was set aside.

17. Lastly in respect of Sonitpur District, the learned Judge .,._
found that for 414 posts advertised, 12,433 candidates had
applied, out of which 5399 candidates were found qualified for
the viva voce and all of them were also interviewed. According
c to the learned Judge this by itself would be a deciding factor
considering that over 500 candidates had been interviewed per
day. The learned Judge did note on the basis of the report of
the amicus curaie that no discrepancy in award of marks in the
physical test and award of uniform marks in the viva-voce vis-a-
D vis written test was noticed. Here, however, the learned Judge
chose to disagree with the views expressed by the amicus
,;..- -
curaie and very interestingly observed:
"Though the marks obtained by the candidates in the
different segments of the physical test have been noted in
E a tabulation/ compilation sheet, the entries therein are not
supported by the contemporaneous records. There are
instances of a large number of candidates who had fared
well in the physical test but have scored low marks in the
...
interview/viva voce." •
F
The learned Judge also gave example of two selected
candidates being under-age. It is on this basis that the selection
of Sonitpur District was set aside.
18. When the matters reached the Division Bench, the
G Division Bench firstly noted the findings of the learned Single
Judge on the general issues. It also noted that representative
notice was issued inviting the affected parties, i.e., selected +-~

candidates to the proceedings before the learned Single Judge.
The Division Bench also noted the method of random scrutiny
H of the selections in 26 Districts/Battalions by the Scrutiny
.
..
SADANANDA HALO & OTHERS v. MOMTAZ ALI 519
...
........
SHEIKH & ORS. [VS. SIRPURKAR, J.]

Committee. A
·rg. It was argued generally before the Division Bench that
the learned Single Judge could not have set·aside the selections
on the basis of the reports oHhe Scrutiny Committee which were,
admittedly, the sample and partial scrutiny. Even during the
arguments before the Division Bench no opportunity was ·given B
_,.. to the counsel for the appellants to examine the materials on
record and also to take the copies thereof enabling them to
support the selection of the candidates. Regarding the aspect
of non joining of proper parties, i.e. selected candidates to the
writ petition, the Division Bench noted the general notice directed c
to be issued through publication by the Single Judge by his order
dated 6.10.2005. The Division Bench further noted in para 18
that the notice so published was vague·as it did not mention the
case numbers, districts, selection centres, etc. It also noted the
arguments of the appellants that though applications were made D
-.-... by the selected candidates for impleadment in the related writ
proceedings and though a direction was prayed for supply of
copies of the writ petition, the learned Single Judge did not pass
any order and the copies of the writ petition became available
to the appellants only on 23.11.2005 and they had to file their E
Reply Affidavits even without knowing the contents of the writ
petition. The Division Bench also noted the further arguments
that the writ petitions themselves were vaguely drafted. It was,
~ ..... therefore, argued that the selected candidates were denied a
"' fair and reasonable opportunity of projecting their cases resulting F
in violation of principles of natural justice. It was pointed out that
even at the time of fixing the writ petition for hearing on
8.11.2005, the selected candidates were, admittedly, not
impleaded as parties and the proceedings, therefore, suffered
from serious procedural lapse. It was further argued that the
G
learned Single Judge also fell in error in directing the selected
candidates to file the appropriate affidavits even without either
....~
impleading them or ensuring that the copies of the writ petitions
were served on them. It was also pointed out that the reports
prepared by Amicus Curaie and the three judicial officers on
H
520 SUPREME COURT REPORTS [2008] 3 S.C.R.
~

A the basis of the sample scrutiny made by them were not made
available to the selected candidates and, therefore, the learned
Single Judge erred entirely in relying on those Scrutiny Reports.
20. Per contra, the submissions made on behalf of the
appellants were opposed by the writ petitioners and it was
B reiterated that no prejudice was caused to the selected
candidates and no such grievance was made before the learned ·c
Single Judge. It was reiterated that the selection of any particular
individual or individuals was not impugned but the whole
selection process was found faulty.
c
21. The Division Bench noted its own earlier order dated
4.10.2005 whereby the earlier appeals were disposed of and a
further direction was given that the parties were at liberty to take
recourse to provisions of Order 1 Rule 10 as also the other
provisions in the CPC and the issue was left open to the learned
D ,>--
Single Judge to direct publication of notice in newspapers so
that the interested parties could appear in the proceedings if
they so desire. The Division Bench in para 27 of its judgment
noted about such notice having been published in the leading
newspapers of Assam as also the order passed by the learned
E Single Judge to publish the list of selected candidates on or
before 19.10.2005. It also noted that on 8.11.2005, the learned
Single Judge had found that in the notice of proceedings
published in the issue dated 19.10.2005 of the local daily Assam
Tribune, the date of hearing had not been mentioned and,
""•
F therefore, the date of hearing was directed to be published in
daily "Asomiya Pratidin" to be 17 .11.2005. The Division Bench
also noted the subsequent orders passed by the learned Single
Judge allowing the impleadment which began after the second
week of November, 2005 and continued upto the last week of
G November, 2005 during which the hearing also took place and
the judgment ultimately came to be delivered on 12.12.2005.
The Division Bench further held that all the selected candidates +--4
had been duly heard on relevant aspects of controversy and
that they had expressed no grievance regarding the non
H impleadment or delayed impleadment or refusal of copies
SADANANDA HALO & OTHERS v. MOMTAZ ALI 521
SHEIKH & ORS. [V.S. SIRPURKAR, J.]
though prayed and applied for and as such they had waived A
their objections. In para 30 it was argued that:
"They obviously chanced favourable decision without any
reservation in this regard and thus had waived any
objection on the above counts. On this consideration alone
their present turn around apparently lacks bonafide. In view B
of their omission to point out to the learned Single Judge
the factum of non receipt of the copies of the writ petition
and non impleadment in the proceedings during the
pendency thereof, they are now estopped from raising
these pleas of this point of time.". C
22. The Division Bench in para 32 observed that no prayer
was made by any parties seeking a copy of the reports of the
Amicus curaie or of the judicial officers assisting the court in
the inspection of the records. It, therefore, recorded a finding to
0
the effect that:
".... we do not feel persuaded to sustain the cavil of the
appellants bearing on denial of opportunity of effective
and meaningful participation in the proceedings to their
prejudice." E
In paras 35 to 43 of its Judgment, the Division Bench took
note of the following cases:
;; i) General Medical Council v. Spackman [1943 AC
627] F
ii) Taylor v. National Union of Seaman [(1967) 1
WLR 532]
iii) Garland v. British Rail Engin.eering Ltd. [(1969)
1 WLP 1041,
G
iv) Walter Annamunthodo vs. Oilfields Workers'
~ Trade Union [1961 SE 945]
v) Chief Constable of the North Wales Police vs.
Evans [(1982) 1 WLR 1155,
H
522 SUPREME COURT REPORTS [2008] 3 S.C.R.
.
,,-

A vi) 8. Surinder Singh Kanda v. Government of the
Federation of Malaya [(1962) AC 322]
vii) Hadmor Products Ltd. & Ors. v. Hamilton and
another [(1983) AC 191]

B viii) Canara Bank and others v. Debasis Das and
others [(2003) 4 sec 557]. ~-

All the above decisions were distinguished in para 44 on
the ground that foundational facts were different. The Division
Bench held:
c
"The requirement of adherence to the exigency of the fair
procedure notwithstanding the attendant facts do not
buttress the appellants plea based thereon. Additionally,
while in those cases, the adjudicative process pertained
to issues concerning individuals, the scrutiny in the instant
D ,r·
case relates to a mammoth exercise of appointment to
5486 posts in public seNice."

It ultimately held that the deficiency in the pleadings on the
grounds of challenge, if any, in the writ petitions in the above
E premise cannot be construed to be fatal. It further held that by
the same analogy in view of the unqualified participation of the
selected candidates in the proceedings, their plea of non
impleadment therein and denial of the copies of the writ petitions
...
does not merit acceptance. The Division Bench further condoned •
F the non passing of the individual orders on the impleadment
applications and recorded its findings in para 46 to the following
effect:
"On an overall consideration of the emerging facts and the
documents on record, we are of the unhesitant opinion
G that the procedure adopted by the learned Single Judge
in qmducting the proceedings is not in derogation of the
established principle of natural justice and fairness in *'A
judicial determination. This plea, therefore, fails."
The Division Bench then referred to the exercise
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 523'
S.HEIKH & ORS. [VS. SIRPURKAR, J.]

undertaken betw~en 21.9.2006 and 16.10.2006 pertaining to A
the examination of the records by the Bench in presence of the
counsel for the parties. It further noted that no objections were
rais.ed by the counsel. TheDivisjon Bench ultimately held.in para
48: as under:
"In the. above premise, the. learned counsel for the:parties. 8;
having, be·eff afforded. aJI reaso.nabJe, opp.ortunities of:
cons.ulting the records; and. hig,hlighting, grie!Jances; if any.'
on theissaes.ofimpleadment, non supply ofco.p.iesofthe::
writ p·etition etc;, imco.urs:e,ofthe hearing,, of the appeals;.
and:theyha!Jing.:chosen·notto.avail.the,same; theplea·of c:
want.offafrness"is.ofno.cons.e:q.uence:o.n:this,g.ro.um:Las.:
well.".
23. In para:;52"the:Appellate,Co.urt raH»ed:the.question:as;
to what. should· be- the, ideal' number of candidates· who· could;! DJ
reasonably and practically be interviewed'on a'day:The.Elivision
Bench observedthatthisquestian wouldhave·to.IJe:consideredl
in.the:contextoflarg:enumtrero.fcandidates;as:h·igtras:.more;
than 2:000..on-a single!day vis;.a~vis-.th·e:.candidateswithin the
benchmark·adopted.by th·e. leamed'Single,·Judge (250 per.day). E'.
Slate's' affidavit was: referre·d:to and .irwas noted' in para 5'3: that.
even trreretrom ·it is apparent that at best 8' h·ours:.on a. day could!
b:e,utilized;fbr.th·eihterview:.Thuugh:it.was.claiined.by the.State'
that th·e.interviewsattimes~were taken.spending;ffto:.15)hours.
a day. It was· held that if 15hours are spent ina day, itwould not.
be reasonably practicable and that by itself may lead to the F
inference of a farcical selection. After extensively quoting from
the circular letter No.3 - Police dated.3[d May, 1971 issued.by
IGP, Assam regarding.the-policy with regard.to recruitment of
the. rank of Constables, the Division Bench observed in para
. 56 that ."while. good'p:hysique. and bearing cannot be; sacrificed, Gi
at the same time, the mental caliber· for recruitment to the
constabulary cannot be compromised". The Division Bench then
endorsed:
"Although an argument.was advanced that provision for
H
524 SUPREME COURT REPORTS [2008] 3 S.C.R.

A 50% marks for interview was in the higher side giving
scope for maneuvering the selection, but the learned Single
, -.
Judge on an overall consideration of the matter has come
to the conclusion that prescription of 50% marks for the
interview is acceptable."
B In the same para it went on to observe:
"To judge a candidate on his mental faculties, alertness,
general knowledge, general bearing and knowledge of 'L

language, etc., some amount of interaction with the
c candidate by the members of the Selection Board will be
always required and it cannot be an affair of some
moments and, therefore, there was a necessity to fix the
number probable candidates who could be interviewed
effectively in a day within the hours indicated in the
affidavits which hours also could not be at a stretch but
D
had to be with intervals of tea breaks, lunch breaks, etc."
The Division Bench then proceeded to decide as to how ,r-
many candidates could be interviewed in a day. The Division
Bench then took stock of the reported decision in Satpal & Ors.
E v. State of Haryana & Ors. [(1995) Suppl. 1 SCC 206], Ashok
KumarYadav v. State of Haryana [(1985) 4 SCC 417] argued
on behalf of the writ petitioners as also noted the law laid down
in Sardara Singh v. State of Punjab [(1991) 4 SCC 555] and
came to the conclusion on the basis of the law laid down in the
F above mentioned cases that the claim of three minutes per
candidate, as was accepted in Sardara Singh's case was not
.."
feasible and in the present case minimum five minutes will be
required for the realistic appraisal of the candidate. If that was
done then the interview of 300 candidates would require 15
hours: Ultimately, the Division Bench recorded a finding that the
G
learned Single Judge had correctly fixed benchmark of 250
candidates to be interviewed in a day and at times it could even
be stretched to 300 candidates a day. It was on this basis, the
Division Bench then proceeded to examine the individual District r"'
and found fault with the selection process in Dhubri, Barpeta
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 525
SHEIKH & ORS. [V.S. SIRPURKAR, J.]
.... and Sonitpur Districts on the ground that the candidates A
~

interviewed were more than the benchmark fixed and also noted
other alleged irregularities in the matter and proceeded to set
aside the selection in those three Districts.
24. We have already indicated above that we are
concerned with the above mentioned three Districts only. We B
will, therefore, consider the selection process in these three
Districts in the light of the observations made by the learned
~"' Single Judge as also the Division Bench in the appeals. But
before that we must take stock of the arguments by the learned
counsel on behalf of the appellant as also the arguments by the c
State which though has not filed appeal, has chosen to support
the appellants for the obvious reasons as also the other
concerned parties.
25. We have deliberately referred to the findings of the
D
learned Single Judge as well as the Division Bench as we are
convinced from those findings that the only ground on which the
-"' selections were set aside was the factual situation that the
number of candidates interviewed were enormous and as such
the personal interview and more particularly the viva-voce was
a farce, having been completed only by way of a formality due E
to the shortage of time and hence the selections made on the
basis of farcical viva voce could not answer the test of objectivity
and reasonableness.
,--.: 26. However, since the courts below referred to the other F
• defects in the selection process, we would take a stock of those
findings. It was firstly urged by way of a complaint against these
interviews that the dates were changed and that was done in
order to meet the political goals on the part of some leaders.
We do not think that this complaint was justified. Firstly there
G
were no proper pleadings with the necessary details before the
learned Single Judge. Secondly how the postponements
affected the selection process is nowhere displayed and further
which political leaders were responsible for such postponements
"" of the interview dates had also not been pleaded. On the other
H
526 SUPREME COURT REPORTS [2008] 3 S.C.R.

A hand it was found from the records that the postponement were
on account of Asian Car Rally, Kali Puja, Diwali and Id festivals. -
If that was so. we do not find any reason to hold against the
selection process and indeed though we find some murmur ·n
tf1e judgments appealed against, we do not see any definite
B finding that such postponements affected the selection process.
The very fact that there was a huge turn out in each District
suggests the hollowness of the claim that the selection process
was affected because of the postponements. We, therefore, ~.~

do notthink that anything was wrong in postponing the interview
c dates. Similarly, we are also not impressed with the complaint
that the District-wise restrictions were removed by the
Government by its letter dated 16.11.2004 apart from the fact
that b.oth the courts have not commented on this aspect
adversely against the selection process. We are of the opinion
that, that by itself cannot be a reason to find fault with the
D
selection process. again on the ground thatthe petitioners were
not abJe to show as to what prejudice was caused because of
the removal of such step taken by the Government on
>- -
16. 11'.2-004. On the other hand we are of the clear opinion that
the Government had made the. selection process broader by
E removing the District-wise restrictions. As regards, the complaint
that 50 marks were allotted for the personal interview or viva
v.oce, the learned Single Judge as well as the Division Bench
have. found that in the peculiar circumstances it was of no
consequence. We also endorse this view as no arguments were
F addressed on this point before us. Therefore, even that ~

complaint has to go. In the earlier part of this judgment we have
•
already noted that these 50 marks were also distributed on as
many as six factors and each factor had separate marks. The
oral test, after the distribution of the marks over the factors like
G educational qualifications, smartness, general ambience. in
reading, writing, extra qualifications. proficiency in sports and
martial arts, is only left with 20 marks which, in our opinion, is
quite reasonable. We do not, therefore, find anything wrong on
account of the allotment of 50 marks for viva voce. This is apart /
H from the fact that the unsuccessful candidates, after having taken
SADANANDA HALO & OTHERS v. MOMTAZ ALI 527
SHEIKH & ORS. [VS. SIRPURKAR, J.]
•
--+.
part in the interview process could not turn back and call names A
to the system.
27. We are, therefore, left with only one major contention
regarding the enormousness of the number of candidates
interviewed and the possible inability on the part of the interview
board to complete the interviews in a proper manner. We would, B
therefore, proceed to consider this aspect in detail.
'"r 28. The basis of the contention regarding this factor made
by the writ petitioners was the paucity of time. Based on the
factors like the available time, the general requirements for c
assessing an individual candidate for the post of Constable,
the number of persons available for holding the interviews, the
leaned Single Judge had come to a finding that every Board on
one day could, at the most, interview 250 candidates. The
Division Bench also seems to have endorsed this view. We have
D
very carefully examined the contentions raised by the appellant
·--~
herein and also the material provided by the State through its
counter affidavits as also the plea raised by the officers who
actually held the interviews in respect of the concerned three
Districts of Dhubri, Barpeta and Sonitpur. But before we go into
the exercise of considering the situation in these three Districts E
individually, we must consider the benchmark fixed by the learned
Judge at 250 candidates per day. We are afraid we cannot
uphold that finding. Learned Single Judge as well as the Division
-"< Bench seem to have proceeded more on imagination than the
• reality. Such a benchmark could not have been fixed generally F
and only because that benchmark was allegedly breached, the
selection could not have been found fault with in a mechanical
and mathematical manner. Instead of testing the matter on the
basis of the ground realities for each District on the basis of
material made available by the State, a mechanical approach, G
in our opinion, could not have been taken by the High Court.
29. The Courts below seems to have relied upon Satpal's
case (supra). That was a case regarding the selection of
Patwaris who obviously have a entirely different and more
H
528 SUPREME COURT REPORTS [2008] 3 S.C.R.

•
A onerous duties than those of the constables in police. A Patwari
is a basic Revenue Officer in the village and has to maintain the
revenue records. In para 6 this Court observed that:
"... Even if one were to assume that the committee devoted
as many as 12 hours i.e. from 9.00 a.m. to 9.00 p.m. on
B a single day for interviewing candidates it would not be
able to devote more than two minutes' time per candidate."·
~~
It was on the above basis that it was found that it was
impossible for the authorities to conduct the interviews of as
c many as 400-600 candidates in a single day. The Court also
observed, considering the shortest time available to interview,
that:
"It is difficult to hold that the interviews were meaningful
and purposive to enable proper assessment of the
D knowledge and suitability of each candidate for the post".
I
In our opinion these observations would be most apposite ;.- -
in respect of the selection of a Patwari who is required to have
the knowledge regarding the records, etc. Such is certainly not
the requirement for the constables.
E
30. In Ashok Kumar Yadav's case (supra) this question
did not come. That was a case more particularly of bias.
Aspersions on character, integrity and competence of Chairman
and members of State Public Service Commission were made ,..
F in that case. At any rate the interviews held in that case were for •
the selection to the Judicial Service and, therefore, the nature
of the interview was entirely different.
31, However, in Sardara Singh's case (supra), this Court
specifically observed in para 6:
G
"... The selection is for the Patwaris in the class Ill service.
The ratio in Ashok Kumar Yadav v. State of Haryana
[( 1985) 4 sec 417] has no application to the facts in the
case. Therein the selection was to the Class I service of
the State Service and sufficient time was required to
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 529

.
-
SHEIKH & ORS. [V.S. SIRPURKAR, J.]

interview.each candidate. In this case, on calculation, we A
found that on an average three minutes were spent for
each candidate for selection. Rule 7 of the Rules provides
the qualifications, namely, pass. in the Matriculation or
Higher Secondary Examination; knowledge in Hindi and
Punjabi upto the Middle Standard and good knowledge of B
rural economy and culture. The educational qualifications
.,. ,
__
are apparent from record and need no interview in this
regard. It could be seen that candidates normally hailing
from rural backgrounds had presumptively good
knowledge of rural economy and culture. Therefore, there c
is no need for special emphasis to ascertain their
knowledge of the rural economy or culture. Under those
circumstances much time need not be spent on each
candidate for selection except asking some questions on
general knowledge and aptitude for work as Patwari etc."
D
--~
'
The observations are extremely telling and need no further
elaboration. In the present case the qualifications were known.
The physical standards of each candidate were very much there
before the interviewing board and, therefore, in our opinion, there
was no necessity to test the knowledge of maintenance of E
revenue records, rural economy and culture as was required for
the post of Patwari. The merits of the candidates were also
recorded regarding their physical efficiency. Therefore, even less

4 - than three minutes time was enough for each candidate. We
would also have to give due credit to the expertise of Selection
Committee.
F

32. The question of large number of candidates appearing
for the selection process again came up before this Court in

' Joginder Singh and others v. Roshan Lal and others
((2002) 9 sec 765]. A complaint was made in this case that G
323 candidates appeared for the test in two days and on that
basis a select list was prepared by the Departmental Promotion
Committee. The High Court called this selection process as a
farce on the ground that fair chance was never given to the
candidates to show their worth. The Court observed in para 5 H
530 SUPREME COURT REPORTS [2008] 3 S.C.R.

.
A as under:

"On the facts on record we see no justification for the High
-·
Court to have come to this conclusion. The High Court in
exercise of its jurisdiction under Article 226 of the
Constitution is not supposed to act as an Appellate
B Authority over the decision of the Departmental Selection
Committee. If the Committee has been properly
constituted, as in this case, and the post is advertised and
a selection process known to law which !s fair to all, is
followed then the High Court could have no jurisdiction to
c go into a question whether the Department Selection
Committee conducted the test properly or not when there
is no allegation of malafides or bias against any member
of the Committee. Merely because there were a large
number of candidates who appeared on two days, cannot
D ipso facto lead to the conclusion that the process of
selection was a farce and fair chance was not given.
Normally experienced persons are appointed as members
of the Selection Committee and how much time should be
spent with a candidate would vary from person to person.
E Merely because only two days were spent in conducting
the interviews for the selection of Class IV posts cannot
lead to the conclusion that the process of selection was
not proper."

33. To sum up, these were the interviews for the post of ,.
F Constables and the minimum educational standard was •
prescribed as 7th class pass. There were no requirements of
testing the administrative or management capacity of the
candidates and/or any other quality which is required for the
higher posts. All that was necessary was firstly to see their
G physical fitness in terms of physical endurance, their smartness
in appearance and further to test their intelligence level as
required for the post of constable including their general
knowledge. We cannot ignore that thousands of candidates had
turned up and what we find from the guidelines was, firstly these
H candidates had to fulfil physical standards in terms of height,
SADANANDA HALO & OTHERS v. MOMTAZ ALI 531
SHEIKH & ORS. [VS. SIRPURKAR, J)
~
_...,-_
etc., as also the minimum educational qualification. Obviously A
all the candidates could not have had those physical standards.
It is apparent from the records that the task of conducting
measurement for fixing the physical standards was distributed
on all the centres amongst number of other helping staff. Once
they crossed this barrier of physical standards and minimum 8
educational qualification as also the race of 1.60 kms. in the
~'!"
case of men and 0.80 in the case of women, they were to
proceed for the further physical tests. This exercise, in our
opinion, was not as time consuming and could have been done
collectively also for the simple reason that every candidate was c
not asked to run the race individually. That would certainly be a
team event where several candidates could run at the same
time in group. To complete the race in a particular time could
not, in our opinion, require hours together. The subsequent
physical test of high jump, long jump and sprint of 100 mtrs.,
D
etc., would be restricted only to those candidates who had
~_._

successfully met their physical standards and educational
qualifications and their number would definitely reduce. The
further filtration for the viva voce test was more substantial as
the number of candidates who could pass the exacting standards
in high jump, long jump and the sprint could not have been more. E
It is at this stage that the remaining candidates were interviewed
for their viva voce. This is apart from the fact that the courts
below did not have any tangible evidence regarding the
_..... interviews being farcical except the self-serving statement made
+ by the unsuccessful candidates in the writ petitions. The learned F
Judges even did not have the reasons for which the unsuccessful
candidates were rejected. We, therefore, do not see any reason
as to how a concrete finding could have been given that the
selection board could interview only 250 candidates per day
and not more. G
34. Once this barrier is cleared, the mechanical test
adopted by the learned Single Judge and the Division Bench
"'· must go and the matters would have to be decided on the basis
of the ground realities as presented before us.
H
532 SUPREME COURT REPORTS [2008) 3 S.C.R.

A DHUBRI DISTRICT .,.__

35. Our attention was invited by the learned Senior Counsel
Shri Rajiv Dutt to the counter affidavit filed by the State in respect
of the selections made in District Dhubri. The counter is
supported by the affidavit of Shri Joydip Shukla, Extra Assistant
B Commissioner which suggests that a Board was constituted
under the Chairmanship of Shri P.K. Dutta, Superintendent of
Police, Dhubri, Shri N. Borah, APS, Asstt. Commandant 20th IR "! ~
Battalion, Panbari and Dr.N. Amin, Senior Medical & Health
Officer, Dhubri. They were to execute the task as per the
c Notification No.FB/1/98/2004/1 dated 21.8.2004. The said
notification dated 21.8.2004 is on record. The affidavit further
suggests that a meeting was held on 20th October, 2004 in
connection with the Recruitment Rally for the post of constables
wherein it was decided to constitute sub-committees and
D accordingly the sub-committees were constituted including
interview board for the post of viva voce test. The affidavit goes
on to say that since there were large number of candidates, it
,,....-
was impossible for a single interview board to complete the
interviews and, therefore, four tables for interviewing the
E candidates were arranged and each table was to be headed
by a Gazetted Officer who was explained the modalities of the
interview. The names of the four Gazetted Officers, heading the
interview panel on each table, were (i) Shri P.K. Dutta, APS,
Superintendent of Police, Dhubri, Chairman of the Board; (ii)
F Shri N. Borah, Asstt. Commandant, 20th IR Battalion, Panari, "" •
Member; (iii) Shri A.K. Bose, APS, Dy. Superintendent of Police
(DSB), Dhubri; (iv) Shri R.C. Medhi, APS, Asstt. Commandant,
20th l.R. Battalion, Panbari. The affidavit also goes on to say
that a board which has already been referred to earlier for final
selections was also constituted consisting of Shri P.K. Dutta,
G
Shri N. Borah and Dr.N. Amin. It is suggested that the guidelines
dated 2.9.2004 were issued prescribing the procedure to be
followed during the Recruitment Rally which was issued by the
State-respondents and it is further asserted that the said
guidelines were strictly adhered to. The affidavit further goes
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 533
SHEIKH & ORS. [V.S. SIRPURKAR, J.]

--
~

on to suggest that the process of interview was started at 8.00
a.m. and continued till late in the day. However, the viva voce
A

tests slated for 4th and 5th December, were continued on the
following days, i.e., on 5th and 5th December, 20004 and the
number of candidates selected for viva voce test were barely
601 on 4th December and 1068 for 5th December. It is asserted B
that the candidates were interviewed by each table of Interview
Board. It is then pointed out that after conducting the interviews
.. r
for 3722 candidates for a period of nine days, ultimately 178
candidates were selected for appointment out of which 85
vacancies were for the post of constable in the District of Dhubri c
and 93 in the 20th l.R. Battalion and the final selection list was
affixed on the Notice Board on 3.2.2005. It is in this manner,
that the interviews were held in Dhubri. It is seen from the minutes
of the meeting dated 20th October, 2004 that it was attended by
as many as 23 personnel and in that the whole procedure for
D
__._ holding the interviews was finalized by creating a Reception
Counter, then holding the elimination race, then the
documentation, the physical test and ultimately the viva voce.
The detailed chart suggests that as many as 22 Reporting
Centres were created for which· different officers were
appointed; two constables were to act as the escorts of the E
candidates, while as many as 26 persons were engaged for
holding the elimination race; for documentation as many as 93
personnel were named even for the subsequent events of
~
physical test, long jump six personnel were appointed, for high
• jump 9 personnel were appointed and for 100 meters sprint F
further 9 personnel were appointed. Ultimately for viva voce 2
personnel were named being Shri P.K. Datta,and Shri A.K.
Bose, both APS Officers. Not only this, the standard marks to
be given for the physical tests and even the basic minimum
standard accepted is also seen from Annexures A and B from G
the chart. This suggests the systematic way in which the whole
interview process went on in Dhubri.
.......
36. Learned Single Judge in his judgment has observed
that as per the report of the Amicus Curaie the selected
H
534 SUPREME COURT REPORTS [2008] 3 S.C.R.
,,
:""'-
A candidates got higher marks in viva voce ranging between 30
to 41 marks. In our opinion this has hardly any effect and merely
because the selected candidates got the higher marks ranging
,
between 30 to 41 marks that by itself could be no reason to
reject the selection. We have extensively referred to the
B comments made by the learned Single Judge in the earlier part
of the judgment where the learned Judge has in fact recorded
his satisfaction for the printed charts and more particularly about ~.

their authenticity. The learned Judge had also expressed his
satisfaction with the procedure adopted. There is hardly any
c reason given by the learned Single Judger excepting that the
benchmark of 250 candidates had already been crossed.
37. The treatment given by the Division Bench is no
different. The Division Bench has also gone by the mechanical
test of benchmark of 250 candidates. The Division Bench
D seems to have taken an exception to the proceedings dated
4.12.2004 and 5.12.2004. That is by far the only reason given ,,....-
by the Division Bench for upholding the finding of the Single
Judge. No court has, however, considered the ground realities
which we have already shown as per the counter affidavit which
E has remained uncontroverted before us. We are, therefore,
convinced that the only reason given by the courts below could
not be said to be a deciding factor for setting aside the selection.
BARPETA DISTRICT
,,....
F 38. The story regarding Barpeta District does not appear •
to be any different. Shri Dholakia, Senior Counsel took us
through the counter affidavit filed on behalf of the State wherefrom
it is apparent that a Selection Board was constituted for Barpeta
District consisting of one Shri 8.8. Chetry, APS, the then
Superintendent of Police, Barpeta District as its Chairman and
G
Shri D. Upadhaya, APS, the then Commandant, 4th APTF Sn.,
Barpet District as its Member. The affidavit further goes on to
suggest the names of the members of the sub-committees for ,,.
conducting the elimination race and for other events. In so far
as elimination race is concerned, two police personnel, namely,
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 535
SHEIKH & ORS. [VS. SIRPURKAR, J.]
.
~' ABSI Pramod Oas and Hav. ClerkAltaf Hussain were appointed. A
As for documentation and measurement a team of 13 personnel
was named so also for 100 meters race, long jump and high
jump, there appears to be a team of two personnel each. It is
then asserted that in all 5540 candidates appeared between
3rd December to 9th December and interviews were started at B
6.30 a.m. and lasted till 8.30 p.m. giving clean 14 hours to the
. ,,,, Selection Committee. It is pointed out that out of 5540
candidates 1815 candidates were selected on being eligible/
physically fit to appear for viva voce. It is then pointed out that
candidates who were left out of the viva voce test due to shortage c
of time on the date of selection were called on 9.12.2004 and
10.12.2004 also. It is asserted that this fact was reflected on
the Police Radiogram dated 5.12.2004 and 10.12.2004 and
only the selected candidates were called to appear for personal
interview on the dates fixed for that purpose. These fixed dates
D
were on 3rd, 4th, 5th, 6th and 7th December, 2004 and as has
~
already been submitted gth and 1oth December, 2004. It is very
frankly contended in the counter affidavit that those who were
left out due to paucity of time, were called on 9th and 10th
December, 2004. The counter also goes on to explain that the
interview board was alive to the considerations required for E
selection for the post of constables and as such it was sufficient
to test the candidates on the basis of their physical capability
and agility. It is then contended that in viva voce random questions
......., were put to the candidates considering the time constraints to
' ascertain their minimum intelligence level which a constable is F
required to possess. The copies of the documents like the Memo
dated 2.12.2004, Memo dated 3.9.2005, Police Radiograms
dated 5.12.2004 and 10.12.2004 are annexed to the counter
affidavit which go on to suggest the genuineness of the claim
by the State Government supporting the selections. G
39. Shri Dholakia painstakingly took us through the
judgments of the learned Single Judge as well as the Division
Bench. The learned Single Judge seems to have gone by the
simple mathematical rule of dividing 5540 candidates by 9 since
H
536 SUPREME COURT REPORTS [2008] 3 S.C.R.

A the interview process lasted for 9 days. He seems to have relied
on the rule of average. There was one peculiar finding that as
per the report of the amicus curaie a complaint was made that
- .

some candidates were selected at the written request of a
Minister. The amicus curaie had initially reported that the number
B of such candidates is three out of total 210 candidates selected.
At the hearing, however, the amicus curaie claimed that the said
written request was in respect of 43 candidates out of whom 19
candidates have been selected. The learned Single Judge has,
however, candidly held that the marks given by the 19 candidates
C do not reflect award of any abnormally high marks in the viva
voce test. All that the learned Judge has recorded is that having
regard to the "fragile nature of the selection" it would be just and
proper conclusion to set aside the selections made in Barpeta.
We are not at all satisfied with this kind of general and casual
D remarks. This is apart from the fact that there is nothing to
suggest that in reality any recommendations were made.
40. The story of the Division Bench is again no different.
The Division Bench has given the daily break up of the
candidates interviewed on each day and without making any
E distinction, has proceeded to hold that merely because the
number of candidates exceeded on particular days, the said
"benchmark", the selection was bad. We are not convinced with
this.
· SONITPUR DISTRICT -
F •
41. As regards Sonitpur District also the counter suggests
that there was a Selection Board consisting of Shri Nitul Gogoi,
APS, Superintendent of Police, Sonitpur, Tezpur as its
Chairman, Shri Dwijendra Nath Sarma, APS Asst.
G Commandant, 12th AP Bn., Jamugurihat as its Member and
Dr.(Mrs.) Dipti Baruah, Senior Medical & Health Officer,
Biswanath Chariali PHC as its Member. As in the other counters,
the minutes of the pre-selection meeting in this case held on .,,,,,, ,
30th November, 2004 have been referred to. Figures which are
given are that out of 12 ,433 candidates 4319 were only found
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 537
SHEIKH & ORS. [V.S. SIRPURKAR, J.]
...·-., to be qualified and appeared for the interview. It is pointed out A
that on 3rd December, 2004 out of 1365 candidates 489
candidates only qualified and appeared for viva voce and
medical test. The number given on the other dates are that on
4th December 757 out of 1676 candidates; on 5th December
558 out of 1602 candidates; on 5th December 602 out of 1892 8
candidates; on 7th December 473 out of 1081 candidates; on
8th December 1175 out of 2169 candidates; on 9th December
... '( 536 out of 1066 candidates ; on 1oth December 709 out of 1192
candidates and on 11th December 91 out of 391 candidates
came for the interviews after passing preliminary rounds. A clear c
cut assertion is made that the candidates appearing for viva
voce were only those who had passed the physical test. lt is
pointed out further that more credence was given to the physical
fitness and the agility of the candidates since that was the main
essence to discharge the duties of a constable. Again it is
D
asserted that random questions were put to the candidates in
..... ~ viva voce so as to ascertain their minimum intelligence level.
The documents explaining the counter seem to support the said
facts. Learned counsel heavily relied on Annexure R-3, the
Minutes of the meeting dated 30.11.2004 as also the Minutes
of the meeting held on 3.2.2005. E

42. Learned Single Judge has hardly given any reasons
and has recorded that a large number of candidates who were
failed in physical test were being given low marks in the interview.
A
;"" Two examples have been given of one Mridul Bora and Diganta F
Das who were under-age but were selected. We have riothing
to say about these two selections and if they were not within the
proper age limit, the learned Judge was undoubtedly right in
setting aside their selection. But that could not be a reason by
itself to set aside the whole selection of more than 400
G
candidates. There is absolutely no reference to any ground facts
and the learned Judge seems to have relied wholly on the views
expressed by the Amicus Curaie. A curious statement has been

" made to the following effect:
"Though the marks obtained by the candidates in the H
538 SUPREME COURT REPORTS [2008] 3 S.C.R.

A different segments of the physical test have been noted in
a tabulation/compilation sheet, the entries therein are not
supported by the contemporaneous records."
We wonder as to what such contemporaneous record
could be. Anyway, the only reason appears to have been
B weighed with the learned Single Judge was the crossing of the
benchmark of 250 candidates.
43. The treatment of the Division Bench is identical. The
Division Bench has found out a pattern in selection and
c commented that the candidates who secured hig'.1er marks in
the physical test, i.e., above 40 and upto 46, were awarded
abnormally low marks i.e., marks ranging from 7 to 20 and
thereby these candidates were ousted from consideration. The
marks were found to be over-written/interpolated in respect of
D all the candidates and not a single instance was found free from
such impairment. The Division Bench has given few examples
in para 153 where the marks were substantially changed and
reduced to reject those candidates. Some further defects were
found that the candidates were not awarded marks for 100 meter
race which had been completed within the permissible limit.
E Two such examples were cited by the Division Bench. So also
it is commented that some candidates were not given proper
marks and were not allowed to cross the benchmark. It is on
this basis that the selection has been set aside, of course again
considering the crossing of the benchmark of 250 candidates
F a day. In our opinion the exercise undertaken of scrutinizing the
marks allotted to each and every candidate was unnecessary
and unwarranted since in the petition no such assertions were
made.
G 44. It is settled law that in such writ petitions a roving inquiry
on the factual aspect is not permissible. The High Court not
only engaged itself into a non permitted fact finding exercise
but also went on to rely on the findings of the Amicus Curaie, or
as the case may be, the Scrutiny Team, which in our opinion
was inappropriate. While testing the fairness of the selection
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 539
SHEIKH & ORS. [V.S. SIRPURKAR, J.]
..>
......, process wherein thousands of candidates were involved, the A
High Court should have been slow in relying upon such
microscopic findings. It was not for the High Court to place itself
into a position of a fact finding commission, that too, more
particularly at the instance of those petitioners who were
unsuccessful candidates. The High Court should, therefore, have B
restricted itself to the pleadings in the writ petition and the say
..,_.y of the respondents. Unfortunately, the High Court took it upon
itself the task of substituting itself for the Selection Committee
and also in the process assumed the role of an Appellate Tribunal
which was, in our opinion, not proper. Thus, the High Court c
converted this writ petition into a public interest litigation without
any justification.
45. It is also a settled position that the unsuccessful
candidates cannot turn back and assail the selection process.
There are of course the exceptions carved out by this Court to D
-.~
this general rule. This position was reiterated by this Court in its
latest judgment in Union of India & Ors. v. S. Vinod Kumar &
Ors [(2007) 8 sec 100] where one of us (Sinha, J.) was a
party. This was a case where different cut off marks were fixed
for the unreserved candidates and the Scheduled Caste and E
Scheduled Tribes candidates. This Court in para 10 of its
judgment endorsed the action and recorded a finding that there
was a power in the employer to fix the cut off marks which power
was neither denied nor disputed and further that the cut off marks
)'>
J,. were fixed on a rationale basis and, therefore, no exception F
could be taken. The Court also referred to the judgment in Om
Prakash Shukla v. Akhilesh Kumar Shukla & Ors. [(1986)
Supp. sec 285] where it has been held specifically that when
a candidate appears in the examination without protest and
subsequently found to be not successful in the examination, the
G
question of entertaining the petition challenging such
examination would not arise. The Court further made
observations in para 34 of the judgment to the effect:
~
"There is thus no doubt that while question of any estoppel
by conduct would not arise in the contextual facts but the H
540 SUPREME COURT REPORTS [2008) 3 S.C.R.

~
.
A law seem to be well settled that in the event a candidate
appears at the interview and participates therein, only
because the result of the interview is not 'palatable' to
him, he cannot turn round and subsequently contend that
the process of interview was unfair or there was some
B lacuna in the process."
In para 20 this Court further observed that there are certain
exceptions to the aforementioned rule. However, the court did
,, ..,,
not go into those exceptions since the same were not material.

c 46. In our opinion the first basic thing for such a selection
process would be the lack of bona fides or, as the case may be,
malafide exercise of powers by those who were at the helm of
selection process. Both the courts below have not recorded any
finding that they found any malafides on the part of any of the
State officials who headed the interviews. On the other hand
D
the tenor of the judgments show that the whole process did not ,>--,,...
suffer from malafides, lack of bonafides, bias or political
interference. In Union of India & Others vs. Bikash Kumar
[(2006) 8 SCC 192] this Court observed in para 14 thus:

E "When a Selection Committee recommends selection of
a person, the same cannot be presumed to have been
done in a mechanical manner in absence of any allegati~n
of favouritism or bias . A presumption arises in regard to
the correctness of the official act. The party who makes
F any allegation of bias or favouritism is required to prove "' ..
the same. In the instant case, no such allegation was made.
The selection process was not found to be vitiated. No
illegality was brought to our notice ...... "
47. The learned Single Judge relying upon the decision in
G Raj Kumar & Others v. Shakti Raj & Others [(1997) 9 SCC
527] seems to have found an exception to this Rule and has
more particularly relied on the observation made in para 16 to
the following effect:
" ... But in his case, the Government have committed glaring
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 541
SHEIKH & ORS. [V.S. SIRPURKAR, J.]
...
""" illegalities in the procedure to get the candidates for A
examination under the 1955 Rules, so also in the method
of selection and exercise of the power in taking out from
the purview of the Board and also conduct of the selection
in accordance with the Rules. Therefore, the principle of
estoppel by conduct or acquiescence has no application B
to the facts in this case. Thus, we consider that the
.... 'f
procedure offered under the 1955 Rules adopted by the
Government or the Committee as well as the action taken
by the Government are not correct in law."

We do not think that this case is apposite for the present c
controversy. In the reported decision the court found a clear cut
breach of 1955 Rules. It also found that the names, though were
required to be called from the Employment Exchange, were not
so called. The Court also found fault with the procedure involved.
We are afraid such is not the case in the present situation. No D
~
deviation from the rules or no inherent defect in the selection
process which would render the whole selection illegal have
either been alleged or proved. We have already shown in the
earlier part of our judgment that there were proper
advertisements issued and reasonable procedure was chalked E
out in the earlier meetings held by the authorities, even the
guidelines were defined and the interviews proceeded along
those guidelines. A mere expression of doubts only on the ground
of large number of candidates appearing and their not being
)".

• objectively and properly tested without any further material, in F
our opinion, cannot by itself render the whole selection process
illegal.

48. Similarly we are not satisfied with the course taken in
inviting the objections of the selected candidates who were never
bothered to be made parties to the writ petitions. This Court in G
All India SC & ST Employees Association and Another v.
A. Arthur Jeen and Others [(2001) 6 SCC 380) has stressed
........ the necessity of joining the selected candidates as a party in
paras 13 and 14 of its judgment, referring to the reported
decisions in Prabodh Verma v. State of U.P. [(1984) 4 SCC H
542 SUPREME COURT REPORTS [2008] 3 S.C.R.

_,,..-
..
A 251] and AMS Sushanth v. M. Sujatha [(2000) 10 SCC 197].
In these cases this Court has stressed the necessity of the
selected candidates being joined as a party atleast in the
representative capacity. The Single Judge, after realizing the
fact that the selected candidates were not joined as a party,
B though the selection lists were available to the petitioner, had
merely advertised about the dates of hearing of the petitions
and when few of the selected candidates approached the High ~~
Court, they were not even supplied with the pleadings or the
copies of the petitions in time. All this, in our opinion amounted
c to denial of an appropriate opportunity to the selected
candidates. All this has been dealt with by both the courts below
and particularly the Division Bench in a very casual manner
holding that the decisions relied on by the appellants were
individual cases. Even if they were so, the principles stated in
those cases regarding the natural justice were most apposite
D
particularly in Canara Bank's case (supra), a reference of which
has been made. In that case this Court held: ~

"Natural justice has been variously defined. It is another
name for common-sense justice. Rules of natural justice
E are not codified canons. But they are principles ingrained
into the conscience of man. Natural justice is the
administration of justice in a common-sense liberal way.
Justice is based substantially on natural ideals and human
values. The administration of justice is to be freed from
,.
F the narrow and restricted considerations which are usually •
associated with a formulated law involving linguistic
technicalities and grammatical niceties. It is the substance
of justice which has to determine its form. Principles of
natural justice are those rules which have been laid down
by the courts as being the minimum protection of the rights
G
of the individual against the arbitrary procedure that may
be adopted by a judicial, quasi-judicial and administrative
authority while making an order affecting those rights.
These rules are intended to prevent such authority from
,., .
doing injustice."
H
SADANANDA HALO & OTHERS v. MOMTAZ ALI 543
SHEIKH & ORS. (V.S. SIRPURKAR, J.]

. The Court further went on to say: A
""""' "Concept of natural justice has undergone a great deal of
change in recent years. Rules of natural justice are not
rules embodied always expressly in a statute or in rules
framed thereunder. They may be implied from the nature
~ of the duty to be performed under a statute. What particular B
' rule of natural justice should be implied and what its context
should be in a given case must depend to a great extent
..- 'f on the facts and circumstances of that case, the framework
J-J of the statute under which the enquiry is held. The old
distinction between a judicial act and an administrative c
act has withered away. The adherence .to principles of
natural justice as recognized by all civilized States is of
supreme importance."
(Emphasis supplied).
D
The Division Bench thus could not have condoned the non
supply of copy of the writ petitions prior to the hearing of the writ
~~,
-1 petitions before the learned Single Judge. Similarly, after having
I
noticed that the notice issued by the learned Single Judge was
.' l vague and that the impleaded selected candidates were E
constantly crying for the copies of the writ petitions, the Division
Bench could not have simply brushed aside those weighty
objections. We also do not understand the alleged stand taken
by the counsel for the selected candidates before Division
Bench regarding their readiness to argue. It is for this reason
F
)"< that we have extensively quoted the arguments by the counsel
• in paras 19 to 22 of this judgment where the non supply of copies
of petitions was criticised.

l
,\
49. We also do not approve of the approach adopted by
the learned Single Judge of the High Court as going all the way G
into the facts and the microscopic details not via the pleadings
of the parties but on the basis of an unnecessary investigation.

. ~
We also disapprove of the logic of relying on the findings arrived
at only on the basis of sample survey. Such selection of large
number of candidates could not have been set aside on the H
544 SUPREME COURT REPORTS [2008] 3 S.C.R.

A basis of sample survey. No evidence was available before us
as to the proportion of this so-called "sample survey".
50. For all the above reasons we hold in favour of the
appellants and allow the appeals, setting aside the judgments
of the learned Single Judge as well as the Division Bench in so
8 far as they pertain to the three District of Dhubri, Barpeta and
Sonitpur.

R.P. Appeals allowed.

•

·"" .