Vandana Kumari and Others vs The State of Bihar and Others

Ajay Kumar Tripathi, J.

A large number of writ applications came to be filed after the Bihar Staff Selection Commission notified the result on 9.2.2015 for appointment on the post of Auxiliary Nurses Midwife (ANM). All the writ applications made one allegation or the other against the Staff Selection Commission against the manner such exercise for selection had been carried out, which, according to the petitioners, require interference by the Court.

The allegations are that proper marking for academic and training have not been given to candidates. In fact, people, who deserve less marks for experience, have been given more marks and people with more experience have been given less marks. It is also insinuated that for mala fide reason, a cut-off marks was introduced for interview, which has created undue discrimination against the present petitioners as people have been given marks in interview who were favorites. Besides, there was no provision for keeping minimum cut-off marks for interview but the Staff Selection Commission still decided to do so which has created unnecessary impediment in the selection and appointment of the petitioners on the post of ANM.

Advertisement No. 03030114 was published showing total vacancies of 3930 on the post of ANMs. The details of eligibility etc. were provided for in the advertisement also notified on the website of the Commission. Thousands of applicants applied online. On the basis of declaration and details provided by candidates, check list was prepared, tabulation was done and thereafter on conduct of interview, marks came to be awarded and merit list prepared. The category wise vacancies with the number of recommended candidates, requiring minimum qualifying marks for interview for various categories and cut-off marks of recommended candidates have been drawn up in a tabulatory form was tendered before this Court, which is reproduced herein below:

The above table has been reproduced because the entire results of the candidates have been declared within the parameters indicated above. Besides the same, a detailed counter affidavit has also been filed on behalf of the Bihar Staff Selection Commission denying any wrong doing in the exercise carried out by them for selection on the post of ANMs. They have explained the mechanism adopted for selection of ANMs and according to them, there is no deviation of any kind. It is the stand of the counsel for the respondent Staff Selection Commission that majority of these allegations are more made than made out and the allegations have been made only to create prejudice and to frustrate the selection process and appointment since for a long period of time the appointments have not been made on the post of ANMs. Public at large are suffering due to such vacancies.

Many a counsels appeared before the Court in their writ applications and a list of candidates with their roll numbers was furnished to the Court, which are said to be gross cases, which establish the wrong doing on the part of the Staff Selection Commission. Those roll numbers were picked up and furnished to the counsel for Staff Selection Commission to verify about either non- award of marks of experience or academic qualification, the caste or category, which the candidates belong etc. etc.

To be fair to the Commission, the counsel on the very next date produced a declaration where the details of all the candidates, whose roll numbers were furnished to the Court, which included their original application, the check list, the marks so awarded as per the results. The above information was also shared with the counsels representing different petitioners and except for nit-picking nothing tangible emerged, which could support the allegation made with regard to procedure adopted for award of marks in the academic, the experience and the interview. The Court, therefore, did come to a considered opinion that all the allegations are more made than made out.

In addition to the above, counsel for the Staff Selection Commission furnished to the Court the complete tabulation sheet of all the candidates, which does indicate the true position as to which candidate stood where. The Court did an exercise of random checking of award of marks etc. and the merit position of such candidates. None of the counsels could pinpoint any discrepancy depending on their over all marks position. No wrong was found in the manner the tabulation had been done with regard to each and every candidate, based on which the final merit list for various categories came to be drawn up and notified.

Counsel for the Staff Selection Commission also produced before this Court the final merit list of selected and notified candidates. The recommendations have been made on the basis of number of vacancies against various categories of candidates, the cut-off marks, the percentage etc. which has already been reproduced in earlier part of the order.

On verification of the entire material by the Court and after giving a very extensive and patient hearing to the counsel for the petitioners, the Court comes to only one considered opinion that the allegations made against the Staff Selection Commission with regard to wrong doing in the exercise for appointment of ANMs was mischievous, false and without any substance. All these writ applications have been basically filed by the disgruntled candidates, who have not been able to succeed in the exercise conducted by the Staff Selection Commission for the post of ANMs.

Coming to the question of keeping a cut-off marks in the interview, this Court had occasion to deal with an identical submission in the matter of appointment of ANMs Grade A which was the case of Uganta Kumari and others v. the State and others i.e. CWJC No. 20709 of 2014 and other analogous cases, decided on 15.4.2015.

The Court had this to say:

"Keeping cut off marks for interview cannot be said to be alien to concept of recruitment and selection. Looking at the above marks, which was assigned for interview as well as the percentage indicated above, it is further held by this Court that the same cannot be said to be arbitrary or discriminatory. After all, the post of GNM is an important post, especially of Grade ''A'' Nurse. There is an onerous duty to not only take care of patients but even administer medication correctly in terms of the direction of the treating doctors. These days they even have to handle many sophisticated medical equipments as well.

Many a times, candidates obtain degrees across the board from various institutions but that by itself cannot be treated to be the basis for judging somebody''s capability and competence. In fact, conduct of interview has importance. Since the percentage of cut off for such interview is minimal, therefore, all those, who did not qualify in interview, are not required to be selected. In totality, this was a case where more heat was generated on wild allegations about selection process, which had been conducted by the Bihar Staff Selection Commission, rather than actual state of affairs, on verification."

The above quote is a complete answer to the submission of the counsels with regard to keeping cut-off marks in interview for the candidates.

In totality, therefore, though initially this Court did put an order of restraint of appointments on the basis of recommendation and the results so declared by the Staff Selection Commission, the same is required to be now withdrawn. All the writ applications are required to be dismissed as, prima facie, the Court is satisfied that there is no unfairness or lack of fair play in the exercise done for selection of ANMs by the Staff Selection Commission.

The Commission is, therefore, directed to recommend the names for appointment and the State is ordered to appoint the recommended candidates without further delay as enough time has already been lost on the litigation.

Before parting, if any candidate has any doubt left with regard to award of marks etc. in relation to her/him, she/he has freedom to approach the secretary of the commission to settle any lurking doubt still left in her/his mind.