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SC upholds U.P. selection list

By Our Legal Correspondent

New Delhi Nov. 5. The Supreme Court today upheld the selection list prepared by the Uttar Pradesh Public Service Commission (UPPSC) for various posts on the basis of a `scaling of marks' system to remove disparity in the evaluation of examiners.

A Bench comprising Justice K.G. Balakrishnan and Justice B.N. Srikrishna quashed a judgment of the Allahabad High Court which set aside the selection list for Civil Judge (Junior Division) Exams 2000, Provincial Civil Services (executive branch) Main Exams 2001 and Preliminary Exams 2002 prepared by UPPSC and directed UPPSC to prepare a new selection list.

The Bench observed that agencies conducting tests were entitled to devise their methods for screening of candidates and courts should not interfere in the selection process. The High Court had quashed the selected list of candidates on the ground that the system of scaling of marks applied by the State Public Service Commission was arbitrary and illegal. UPPSC filed the present appeal.

The Bench upheld the contention of UPPSC that the scaling system had advantages and said, "We do not think that application of scaling formula to the examinations in question was either arbitrary or illegal. The selection of candidates was done in a better way".

The Bench noted that the formula was adopted by UPPSC after an expert study and in such matters, "the court cannot sit in judgment and interfere in the same unless it is proved that it was an arbitrary and unreasonable exercise of power and the selection itself was done contrary to the rules".

The Bench was of the view that it should be left to the agency conducting the examination to devise the method for scrutiny of the candidates based on a rational formula. "Ultimately, the agency conducting the examination has to consider as to which method should be preferred and adopted having regard to the myriad situations that may arise before it".

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