When the candidate entered the room for interview, he was required to pick up at random one card from each of the four boxes, each box companytaining atleast 150 cards and answer the question.
They were required to appear at i a joint entrance examination in four papers viz.
The challenge is to the manner, the method and the number of marks assigned for the viva voce test.
On rule nisi being issued, respondents Nos.
A Regional Engineering College has been set up at Srinagar in the State of Jammu and Kashmir.
To put into focus the companytroversy, the facts alleged in Writ Petition No.
The companyrt at random directed them to point out which card was picked up by one of the candidates from amongst the petitioners and then play the cassette on which his interview was taped.
Broadly stated, the allegations were that reservation of 15 marks for viva voce test companyferred arbitrary, unguided and uncannalised power on those companyducting the viva voce test and that reservation of 15 marks for viva voce test would have the pernicious tendency of affecting the merit disclosed by the marks obtained at written examination.
A tape recorder was kept on the table in front of the members of the Selection Committee and the candidate appearing for the interview and the two way dialogue was recorded in full.
At the hearing of these petitions, the respondents Nos.
and they were kept in 4 different boxes.
1 to 3 produced before the Court the cards on which questions were typed, the cassette and a tape recorder.
Here are the reasons.
Marks were assigned under each head of viva voce test depending upon the merit of the answer.
They also produced the entire merit list with marks obtained by each candidate.
There were other allegations which do number merit examination.
Third respondent, Principal of the College by a public advertisement dated March 13, 1982 invited applications for admission to the Bachelor Degree Engineering Course for 1982 83 session number only in the Regional Engineering College, Srinagar but also in eleven Regional Engineering Colleges set up in different States.
Under Article 32 of the Constitution of India WITH Transfer Cases Nos.
Candidates seeking admission had to fulfill the following requirements.
Nine petitioners in this petition questioned the legality and companyrectness of admissions to Bachelor degree companyrse for 1982 83 session in Regional Engineering Colleges at Srinagar, simultaneously praying for quashing the admissions of respondents Nos.
After pointing out that 85 marks were assigned for written examination and 15 for viva voce test, it was further pointed out that in order to avoid any charge of arbitrariness being levelled against the Selection Committee 15 marks assigned for viva voce test were further split up under four heads, namely, i Science 5 marks ii General knowledge 4 marks iii Curricular Activities 3 marks and personality test 3 marks.
5 to 13 and seeking a direction that the petitioners be admitted to the same session.
Pursuant to this advertisement, the petitioners applied and were admitted to the written test and on being found qualified, they were called for viva voce test.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by DESAI, J At the companyclusion of the hearing of the writ petition and the transferred cases on Jan 24, 1984, the Court pronounced the order dismissing the writ petition and the transferred cases, reserving that the reasons will follow later on.
1 to 3 appeared and one Dr. O.N. Koul, Head of the Mechanical Engineering Department Coordinator Admissions for session 1982 83 , Regional Engineering College, Srinagar filed an affidavit in opposition on behalf of the Principal of the College.
R.R. Pillai for the Petitioner in Transfer Cases Nos.
8964 of 1982.
Learned companynsel for the petitioners and some of the petitioners were present during this demonstration.
It was pointed out that ultimately out of a total of 100 marks, only 3 marks were assigned for personality test and this is the area where if at all, discretion can be exercised which may number be reviewable on any documentary evidence.
Physics, Chemistry, Mathematics and English ii candidates who qualify in the written test had to appear at a viva voce test iii the selections were to be based on the companybined performance in the written and viva voce examination and iv the seats reserved for specified categories were also shown.
8964 of 1982 may be taken as representative of the allegations in all allied cases.
L. Sanghi and Altaf Ahmed for the respondents.
13 15 of 84.
Thereafter, the merit list was prepared on the basis of the total marks obtained at written test and the viva voce test and it was strictly adhered to save and except for reserved seats where also persons seeking admission to reserved seats had to stand in queue as in the merit list.
In respect of the three other heads, it was pointed out that the Selection Committee prepared cards on each of which a question was typed referable to the 4 subjects, namely, Physics, Chemistry, Mathematics and General Knowledge.
