institutions from the cases which deal with the appointment to a post. When it comes to admission in academic courses in educational institutions, the law laid down by the Apex Court in Ajay Hasia (supra) is restricting the marks of viva voce has been consistently followed and the principle which is laid down is that in such cases, normally the weightage to be given to the viva voce marks should normally be 15 per cent and should not be in any case not more than 15 to 20 per cent. However, when it comes to admission, the higher degree courses, little higher percentage of marks is permitted. On the other hand, when it comes to appointment to a WP(C) No.4376/2011 Page 20 post in service, large interplay in the interview/viva voce marks is held permissible. In such cases, how much weightage is to be given to the interview marks depends upon the nature of post to which the appointment is made. In Ashok Kumar Yadav (supra), which was a case of ex- servicemen officer, 25 per cent marks allotted for interview was held to be justified. On the other hand, when it comes to appointment to a post which is of high ranking and/or is of the nature where personal tests are also important which can be judged only in viva voce test, not only a very high percentage assigned to the interview is upheld, even when selection to such post is solely on the basis of interview, even that is held to be permissible. This was so highlighted by the Supreme Court in K.H. Siraj (supra). In the cases of selection for entry into public service or such post, the object is to secure the post and most suitable person for the job avoiding patronage and favouritism.”
