SHRIPAL BHATI & ANR. VS STATE OF U.P. & ORS- 29/1/2020

SUPREME COURT OF INDIA JUDGMENTS

“It may be relevant to refer to the observations made by this Court in the case Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed & Ors.2, relied upon by the High Court, holding that unless injury is suffered personally a person can not be said to be aggrieved and has no locus standi.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 802 OF 2020

(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 9276 OF 2017)

SHRIPAL BHATI & ANR. 

VERSUS

STATE OF U.P. & ORS. 

Acts: New Okhla Industrial Development Authority Service Regulations, 1981/ U.P. Urban Planning and Development Act, 1976

From: High Court of Judicature at Allahabad, Lucknow Bench

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Apex Court is in favour of disclosing marks of Main Exam before conducting viva-voce in Judicial Services-13/12/2019

SUPREME COURT OF INDIA JUDGMENTS

As the written examination assesses knowledge and intellectual abilities of a candidate, the interview is aimed at assessing their overall intellectual and personal qualities which are imperative to hold a judicial post.

Disclosing mark of written Examination before Viva-Voce-As regards the petitioners’ plea that marks of the Main Exam should be disclosed before conducting viva-voce, we are of the considered opinion that such a practice may not insulate the desired transparency, rather will invite criticism of likelihood of bias or favourtism. The broad principles to be laid down in this regard must be viewed keeping in view the selections for various categories of posts by different Selecting Authorities, for such a self-evolved criteria cannot be restricted to Judicial Services only. If the Members of the Interviewing Boards are already aware of the marks of a candidate secured in the Written Examination, they can individually or jointly tilt the final result in favour or against such candidate.The suggested recourse, thus, is likely to form bias affecting the impartial evaluation of a candidate in viva-voce. The acceptance of the plea of the petitioners in this regard will also run contrary to the authoritative pronouncement of this Court in Ashok Kumar Yadav and Others v. State of Haryana((1985) 4 SCC 417).

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