1971 (1) TMI 116 - SC - Indian Laws

Supreme Court Quashes Flawed Selections, Directs New Committee

A. PERIAKARUPPAN CHETTIAR (MINOR) Versus STATE OF T.N.

A. PERIAKARUPPAN CHETTIAR (MINOR) Versus STATE OF T.N. - 1971 AIR 2085, 1971 (3) SCC 449 Issues Involved:1. Allegations of mala fide actions by the selection committee.2. Non-compliance with the Supreme Court's previous judgment regarding interview procedures.3. Allocation of marks under various heads during the interview process.4. Specific irregularities in awarding marks for National Cadet Corps (NCC) activities.Issue-wise Detailed Analysis:1. Allegations of Mala Fide Actions by the Selection Committee:The petitioner alleged that the selection committee exhibited open hostility towards him during the interview, called additional candidates for interview contrary to the Court's directions, and deliberately contravened the Court's orders. The Court found that the allegations of mala fide were not established by satisfactory evidence. The Court emphasized that the burden of proof for such serious charges lies on the petitioner, and mere absence of outside evidence cannot shift this burden.2. Non-compliance with the Supreme Court's Previous Judgment Regarding Interview Procedures:The Court had previously directed the selection committee to interview candidates under five specific heads and to exclude irrelevant matters. The petitioner contended that the selection committee did not adhere to these directions. The Court noted that the selection committee initially called additional candidates for interview but refrained from interviewing them after the petitioner approached the Court. The Court found the selection committee's explanation for this action unsatisfactory but did not conclude that there was an ulterior motive.3. Allocation of Marks Under Various Heads During the Interview Process:The Supreme Court had previously indicated that in the absence of specific allocation of marks for each head, each head should carry equal importance, i.e., 1/5th of the interview marks. However, the selection committee distributed the 75 interview marks among the five heads according to its own discretion, which was contrary to the Court's earlier judgment. The Court held that the selection committee's procedure of allocating different marks for different heads was likely to have affected the interview results and contravened the Court's earlier directions.4. Specific Irregularities in Awarding Marks for National Cadet Corps (NCC) Activities:The petitioner argued that he was entitled to full marks for his NCC 'A' certificate but was awarded only five out of ten marks. The selection committee's basis for awarding marks under this head was questioned. The Court found that the selection committee had proceeded on a wrong premise by not considering the discontinuation of NCC activities in Tamil Nadu schools and colleges in 1968, which affected the availability of higher NCC certificates. The Court concluded that the selection committee's approach in awarding marks for NCC activities was flawed.Conclusion:The Supreme Court held that the selections made by the selection committee were vitiated due to non-compliance with its previous judgment and irregularities in the interview process. Despite the hardship that might be caused to the already admitted students, the Court quashed the impugned selections and directed the State of Tamil Nadu to appoint a fresh selection committee to make selections in accordance with the Court's order dated September 23, 1970. The State of Tamil Nadu was also directed to pay the costs of the petitioner in this writ petition.Petition Allowed.