Sub-inspector candidate blames December chill for poor swimming performance, Punjab and Haryana High Court junks plea

Observing that the petitioner did not raise a grievance during the trial, the court noted that all candidates were required to pass the test in the same swimming pool.

“This court cannot change the rules of the game after it has been played,” it added.

The order continued, “He is claiming that due to the winter season, he could not achieve the target within the prescribed time. The South Asian Games (SAG) are played in an all-weather swimming pool, whereas the petitioner was asked to undergo trial in the winter season. There was no discrimination against the petitioner. All the candidates were asked to pass a test in the same swimming pool.”

The court noted that in the absence of discrimination or violation of rules on the part of the state, the petitioner cannot be heard to say that he should be given “relaxation” on the ground of “weather conditions”.

Background

According to the advertisement, 20 marks were earmarked for trial, and candidates to be eligible were required to score at least 50 per cent, i.e., 10 marks.

The state conducted a trial of different candidates belonging to different disciplines, and four candidates were subjected to trial under the aquatic (swimming and water polo) category. None of them qualified as they did not score 10 or more marks, it came on record.

Appearing for the candidate, advocate Lalit Rishi argued that the advertisement required the candidates to display performance at the level or close to the level of achievement/records already established for the aquatic (swimming and water polo) category.

He further submitted that the petitioner performed very close to the minimum level and, as per the prescribed standard, he had to complete a 50-meter breaststroke within 28.25 seconds, whereas he completed it in 30.30 seconds.

“The trial was conducted on December 31, the coldest day of the year. Due to weather issues, the petitioner’s performance could not be correctly assessed,” he highlighted.

The counsel argued that the benchmark of the South Asian Federation Games relates to an all-weather swimming pool, whereas the petitioner was asked to perform in the month of December.

Decision

Dismissing the petitioner’s plea, the court relied on the settled high court’s jurisdiction and said that the court cannot interfere with the subjective satisfaction of the Interview Board. The selection committee has to be left to devise its own procedure, subject to the same being fair and reasonable.

Rejecting the candidate’s petition, the court held that the selection has to be made by assessment of relative merits. It is not necessary to give reasons for the assessment, and the recruitment board has to be given free rein in the joints.

It rules that the power to award marks in an interview is coupled with the duty to select the best and cannot be exercised arbitrarily. In the instant case, there is no record on file indicating arbitrariness on the part of the recruitment board; therefore, interference is not warranted.