etc. v. State of Tamil Nadu & Ors., [1971] 2 SCR 430; Miss Nishi Maghu and Ors. v. State of J & K & Ors., [1980] 4 SCC 95; Ajay Hasia & Ors. v. Khalid Mujib Sehravardi and Ors., [1981] 1 SCC 722; Koshal Kumar Gupta & Ors. v. State of J & K and Ors., [1984] 3 SCR 407, relied on.
State of U.P. v. Rafiquddin and Ors., [1987] Supp. SCC 401; Mahmood Alam Tariq and Ors. v. State of Rajasthan & Ors., [1988] 3 SCC 241; distinguished. Liladhar v. State of Rajasthan & Ors., [1981] 4 SCC 159, referred to.
2. Even if the entire selection is quashed and a direction given to hold the viva voce test afresh by reducing the percentage of marks, it would be a futile exercise so far as the two Writ Petitioners are concerned, as they stood no chance of being selected even remotely. According to Ashok Kumar Yadav’s case candidates should be called only three times the number of seats available for appointment. If that criteria was applied then the two Writ Petitioners had absolutely no chance of being called for interview for the one post of Taxation Inspector in the category of backward class. [135C-E]. & Ors. etc. etc. [1985] Suppl. SCR 657, referred to.
3.1. In the general category 897 candidates had appeared in interview and so far as one of the four appellants, viz., Rajesh Kumar Saili is concerned, he secured 26 marks in interview and his position was 668th. He stood no chance of being called for interview if candidates upto three times the number of the posts were called for interview. Even if the percentage of marks in viva voce was reduced from 25 per cent to 15 per cent he stood no chance of selection even remotely. [135G-H]
3.2. The respondents are directed to appoint the other three appellants belonging to general category on the posts of Taxation Inspector/Excise Inspector as the case may be, if they are otherwise found suitable for these posts. It is further made clear that in case anyone of these appellants has become over-aged during this period, this would not be considered as a disqualification for their appointment to the above post. [136G-H; 137-A]