Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Appointment/recruitment/selection - 1248 posts for appointment as Patwari - Selection of 2395 candidates - Writ Petition challenging selection on the ground that undue weightage given to performance in interview - Allowed by High Court - On appeal, held: Records of marks of interview and handwriting not considered by High Court - Matter needs reconsideration by High Court.The Subordinate Services Board issued an advertisement dated 7.11.1992 calling for applications for filling up 1248 posts of Patwar candidates to be deputed to the Patwar Training School and on completion of training, for appointment as Patwaris.Against the advertised posts, 2395 candidates were recommended by the Board for admission to Patwar Training school Writ Petitioners challenged the selection on the ground that the selection beyond the advertised posts was bad in law; that the marks for performance in the interview were to be restricted to 15% whereas in the present case 25 marks were allotted for the interview and 10 marks were given for the hand writing; that the criteria for selection was not only designed to give undue weightage to viva voce and to bye-pass the observations made in *Satpal Singh's case, it was even otherwise unsustainable as the guidelines were framed on 19.5.1993, whereas the process of interview had started on the very next day; that there was room for manipulation as the records pertaining to all candidates were with the Board well before 19.5.1993; that the then Chief Minister Ch. Bhajan Lal on 26.5.1994 in a meeting held in his Assembly Constituency of Adampur had clearly stated that promise of one post of Patwari to each family has been made possible which had influenced the selection which is clearly reflected from the fact that large number of candidates were selected from the Adampur and Kalka Assembly constituencies represented by Ch. Bhajan Lal and his son Sh. Chander Mohan. Prior selection in consequence of advertisement dated 19.3.1987 out of which 377 candidates had cleared the course had been given appointment which was challenged in *Satpal Singh's case and the selection and appointment had been quashed.The High Court held that fixing 25% marks for interview and another 10 marks for handwriting on the face of it was unjustified; that selection was bad and there was no equity in favour of selected candidates; that there was mala fides involved in the selection, however, granted time to appear in fresh selection and 1248 Patwaris who were presently in position were allowed to continue till the end of July, 2007. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 993 |
Petitioner | Ram Avtar Patwari And Ors. |
Respondent | State Of Haryanaand Ors. |
SCR | [2007] 10 S.C.R. 469 |
Judgement Date | 2007-09-28 |
Case Number | 4562 |
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