SHILLONG: The High Court of Meghalaya has quashed the selection process for the appointment of a magistrate at the district council court in KHADC due to faulty personal interview process.
The anomaly was that though the score for the written examination was 200 that for the personal interview was 500.
The division bench comprising Chief Justice Mohammad Yaqoob Mir and Justice SR Sen, while quashing the selection process against one post, on Tuesday directed the KHADC to immediately frame the recruitment rules and then to initiate the process for recruitment of three vacant posts in accordance with the rules to be framed.
The court also asked the KHADC to complete the whole process within one month.
The court further allowed those candidates who had competed for the post in the past to apply as age will be relaxed for those who may have crossed the age bar.
The petition was filed by Agnes Kharshiing against KHADC.
The advertisement was floated in 2015 issued by the KHADC secretary to the Executive Committee inviting applications from citizens of India for the post of magistrate, Subordinate District Council Court, Khasi Hills.
The candidates were required to appear for written examination for two papers of 100 marks each and the first 10 candidates scoring highest marks in written examination were to be called for personal interview.
For personal interview, the interview committee consisted of S. Kharsyiemlieh, Judge – Chairman District Council Court and members Prof LS Gassah, Toki Blah, RS Wanniang and DG Syiemiong.
Thirteen candidates were declared to have qualified for personal interview. The interview was held but out of 13 candidates, two remained absent.
Five hundred marks were allocated for viva voce test which is 100 marks by each member of the interview committee.
When the process of selection was in progress, a letter on December 9 last year addressed to the Chief Justice was received under title “illegal appointments in judicial post under the District Council Courts of Meghalaya” wherein it was highlighted that 500 marks have been allocated for personal interview and in the process, a candidate who had secured 100 marks out of 200 marks in the written examination was awarded 293 marks out of 500 in personal interview which has the effect of converting merit into demerit.
Though 10 candidates scoring highest marks were to be called for personal interview, thirteen candidates were called, however, two candidates have not appeared. Regarding remaining eleven candidates, a score sheet was prepared wherein, marks obtained in written examination and viva voce test have been reflected.
“The marks obtained in written examination and marks awarded in viva voce test will clearly demonstrate as to how merit has been a casualty in view of highest marks awarded in personal interview,” the court said.
The Chief Justice had requested a judge to probe the matter and the report found that the process for selection initiated appeared to be arbitrary.
“Furthermore, allocation of 500 marks for personal interview when for written examination 200 marks were allocated, grossly is excessive,” the court said.
According to the court, allocation of 500 marks for personal interview is totally arbitrary and bereft of legal sanctity.
The court pointed out that a candidate who had secured 100 marks in written examination has been awarded 293 marks in viva voce test, a candidate who had secured 95 marks in written examination has been awarded 188 marks in viva voce test and a candidate who has secured 94 marks in written examination has been awarded 250 marks in viva voce.
Hence, a candidate who has got the highest marks in written examination automatically gets excluded, the court said.
The Secretary and President of Shillong Bar Association had also taken up the issue of filling up the vacant posts.
