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

- **Citation:** [1996] Supp. 5 S.C.R. 596
- **Court:** Supreme Court of India
- **Decided:** 1996-09-06
- **Bench:** !(~Ramaswamy, G.B. Pattanaik
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/choudhary-goutam-kumar-saran-v-director-of-sports-and-youth-services-orissa-and-14638
- **Pages:** 3

## Headnote

.
Seivice Law :
Olissa Auditors Se1vice (Method of Recniitment & Conditions of Service) Rules, 1987 :
Schedule I-Rule 6-Selection to the post of Senior Auditor-Marks
obtained by a candidate in the academic qualification test-Award of-Held
Justified.
•'
CIVIL "APPELLATE JURISDICTION : Special Leave Petition (C)
16871 of 1996.
From the Judgment and Order dated 17.6.96 of the Orissa Administrative 'tribunal al Bhubaneswar in O.A. No. 875 of 1994.
H.K. Puri for the Peti"tioner.
The following Order of the Court was delivered :
This special leave petition arises from the order of the Central
F
Administrative Tribunal, Bhubaneshwar Bench, made on June 17, 1996 in
OA No. 875/94. Applications were invited for recruitment to the post of
Senior Auditor. The petitioner who at the relevant time was working on
ad hoc also applied for selection to the said post. In the selection, three
candidates, viz., S. Sahu with post-graduation in Commerce, Rao with
graduation in Honours Commerce and the petitioner with graduation in
G Commerce. Sahu secured in viva voce 17 marks; minimum qualification
would secure 2 marks whereas post-graduation would secure 5 marks out
of the total 24 marks. Rao secured 15-1/2 in viva voce, 2 marks for
graduation, 3 marks for graduation in Honours amounting to total of 20-1/2
marks. The petitioner secured 18 marks in viva voce, 2 mf!rks in commerce
H graduation amount to the total of 20 marks. Thus Sahu having secured
596
(
GOUfAMKRSARANv.DIRECTOROFSPORTSANDYOlflliSERVJCSOFORISSA
597
highest marks came to be selected. Impugning the selection, the petitioner A
filed OA in the Tribunal. The Tribunal rejected the same holding that the
procedure adopted was valid in law and no interference is called for.
Shri H.K. Puri, learned counsel for the petitioner, contended that
Rule 6 of Schedule I to the Orissa Auditors Service (Method of RecruitB
ment & Conditions of Service) Rules, 1987 provides that no extra
weightage should be given to the marks for academic qualification and that,
therefore, the award of the marks to Sahu and Rao for post-graduation
in Commerce and Commerce Honours is illegal. We find no force in the
contention. Clause (6) of Schedule l to the abovesaid Rules reads as
under:
"6. Academic qualification - The marks secured from High School
Cetificate examination to degree examination shall be the basis for
awarding the marks for academic qualification. No weightage shall
c
be given to higher examinations which the candidate might have D
passed. The marks obtained by a candidate in the academic
qualification test shall be added to the marks obtained by him in
the test and the aggregate so obtained shall determine his position
inter se in the select list to be prepared by the Selection Board."
A reading of it would indicate that the marks secured from High
School Certificate examination to degree examination shall be the basis for
awarding the marks for academic qualification. No weightage has been
given for higher examination which the candidate might have passed.
However, the second clause indicates that the marks obtained by a candidate in the academic qualification test shall be added to the marks obtain
by him in the written examination as well as viva voce test and the agregate
E
F
so obtained shall determine his inter se pc;isition in the select list to be
prepared by the Selection Board. It would thus be seen that the second
part of the Rules gives power to the Selection Board to award appropriate
marks to the academic qualification without giving weightage for postG
graduation or Honours graduation since marks obtained by such candidates for those qualification are to be added to the marks obtained by
him in the written examination as well as viva voce test and the aggregate
of all should be the basis to determine inter se position in the select list to
be prepared by Selection Board.
H
A
B
598
SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.
Thus, we hold that the process for selection of the candidates
ad

## Text

A
B
c
D
E
CHOUDHARY GOUTAM KUMAR SARAN
v.
DIRECTOR OF SPORTS AND YOUTH SERVICES ORISSA
AND ORS.
SEPTEMBER 6, 1996
(!(~RAMASWAMY AND G.B. PATTANAIK, JJ.]
.
Seivice Law :
Olissa Auditors Se1vice (Method of Recniitment & Conditions of Service) Rules, 1987 :
Schedule I-Rule 6-Selection to the post of Senior Auditor-Marks
obtained by a candidate in the academic qualification test-Award of-Held
Justified.
•'
CIVIL "APPELLATE JURISDICTION : Special Leave Petition (C)
16871 of 1996.
From the Judgment and Order dated 17.6.96 of the Orissa Administrative 'tribunal al Bhubaneswar in O.A. No. 875 of 1994.
H.K. Puri for the Peti"tioner.
The following Order of the Court was delivered :
This special leave petition arises from the order of the Central
F
Administrative Tribunal, Bhubaneshwar Bench, made on June 17, 1996 in
OA No. 875/94. Applications were invited for recruitment to the post of
Senior Auditor. The petitioner who at the relevant time was working on
ad hoc also applied for selection to the said post. In the selection, three
candidates, viz., S. Sahu with post-graduation in Commerce, Rao with
graduation in Honours Commerce and the petitioner with graduation in
G Commerce. Sahu secured in viva voce 17 marks; minimum qualification
would secure 2 marks whereas post-graduation would secure 5 marks out
of the total 24 marks. Rao secured 15-1/2 in viva voce, 2 marks for
graduation, 3 marks for graduation in Honours amounting to total of 20-1/2
marks. The petitioner secured 18 marks in viva voce, 2 mf!rks in commerce
H graduation amount to the total of 20 marks. Thus Sahu having secured
596
(
GOUfAMKRSARANv.DIRECTOROFSPORTSANDYOlflliSERVJCSOFORISSA
597
highest marks came to be selected. Impugning the selection, the petitioner A
filed OA in the Tribunal. The Tribunal rejected the same holding that the
procedure adopted was valid in law and no interference is called for.
Shri H.K. Puri, learned counsel for the petitioner, contended that
Rule 6 of Schedule I to the Orissa Auditors Service (Method of RecruitB
ment & Conditions of Service) Rules, 1987 provides that no extra
weightage should be given to the marks for academic qualification and that,
therefore, the award of the marks to Sahu and Rao for post-graduation
in Commerce and Commerce Honours is illegal. We find no force in the
contention. Clause (6) of Schedule l to the abovesaid Rules reads as
under:
"6. Academic qualification - The marks secured from High School
Cetificate examination to degree examination shall be the basis for
awarding the marks for academic qualification. No weightage shall
c
be given to higher examinations which the candidate might have D
passed. The marks obtained by a candidate in the academic
qualification test shall be added to the marks obtained by him in
the test and the aggregate so obtained shall determine his position
inter se in the select list to be prepared by the Selection Board."
A reading of it would indicate that the marks secured from High
School Certificate examination to degree examination shall be the basis for
awarding the marks for academic qualification. No weightage has been
given for higher examination which the candidate might have passed.
However, the second clause indicates that the marks obtained by a candidate in the academic qualification test shall be added to the marks obtain
by him in the written examination as well as viva voce test and the agregate
E
F
so obtained shall determine his inter se pc;isition in the select list to be
prepared by the Selection Board. It would thus be seen that the second
part of the Rules gives power to the Selection Board to award appropriate
marks to the academic qualification without giving weightage for postG
graduation or Honours graduation since marks obtained by such candidates for those qualification are to be added to the marks obtained by
him in the written examination as well as viva voce test and the aggregate
of all should be the basis to determine inter se position in the select list to
be prepared by Selection Board.
H
A
B
598
SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.
Thus, we hold that the process for selection of the candidates
adopted by the Selection Board is consistent with clause (6) of Schedule I
to the Rules. The Tribunal, therefore, has not committed any error warranting interference.
The special leave petition is accordingly dismissed. No costs.
G.N.
Petition dismissed.
. '