FOREWORD

It is a matter of great satisfaction and privilege for me to be the Chairman of

Karnataka Public Service Commission on the occasion of bringing out IV Volume of
Compilation of J udgments pertaining to Public Service Commissions. Realising the
usefulness and utility of Volumes I, II and III of Compilation of J udgments brought out
by the Karnataka Public Service Commission, the 12
th
National Conference of
Chairpersons of State Public Service Commissions held on 20
th
and 21
st
February 2010 at
New Delhi, entrusted the task of bringing out Volume-IV of Compilation of J udgments
having a bearing on the role and functioning of the Public Service Commissions to the
Karnataka Public Service Commission once again. I sincerely thank themfor reposing
faith in Karnataka Public Service Commission.

As in the case of earlier three volumes care has been taken to include in this
Compilation judgments covering a wide range of issues of facts as well as law that
confront the Public Service Commissions in their role and functioning as Selecting
Authorities.

After the advent of Right to Information Act, 2005, much of the time of the Public
Service Commission is taken for furnishing information relating to recruitment process.
Therefore, orders/judgments of Information Commissions/High Courts/Supreme Court
under the R.T.I. Act pertaining to the State Public Service Commissions and the Union
Public Service Commission dealing with various cases under RTI Act are included in this
Compilation.

The judgments are arranged in chronological order first pertaining to Union
Public Service Commission and then State Public Service Commissions in alphabetical
order as indicated in the Index. To facilitate easy and quick reference, Public Service
Commission-wise Index and Subject-wise Index are given. Different topics in the
Subject Index are arranged under separate chapters for easy reference.

On the occasion of the celebration of Platinum J ubilee of Karnataka Public
Service Commission on 18.5.2011, Prof. D.P.Agrawal, Chairman of Union Public
Service Commission addressed the gathering as Chief Guest and in his address he
highlighted various aspects of the functioning of Public Service Commissions. His
address has been included under J ournal Section of this IV Volume of Compilation.

I thank the Chairman of the 12
th
National Conference of Chairpersons Prof.
D.P.Agrawal and my brother/sister Chairpersons of various Public Service Commissions
for having entrusted the responsibility of bringing out Volume-IV of Compilation also. I
also thank Union Public Service Commission and various State Public Service
Commissions who have co-operated with the Karnataka Public Service Commission in
bringing out this Compilation by sending copies of judgments relating to the functioning
of Public Service Commissions.

I thank Prof. D.P.Agrawal, Chairman of Union Public Service Commission and
Chairman of 14
th
National Conference of State Public Service Commissions for having
kindly agreed and released this book on the occasion of the 14
th
National Conference held
on 9
th
& 10
th
February 2012 at Ajmer, Rajasthan.



(GONAL BHIMAPPA)
Chairman,
Karnataka Public Service Commission,
Bangalore.
Speech of Prof. D.P. Agrawal, Chairman, UPSC on the occasion of Diamond J ubilee
Lecture Series of Karnataka PSC 18
th
May 2011, at Bangalore.


Shri Suresh Kumarji, Hon. Minister of Law and Parliamentary Affairs,
Government of Karnataka; Shri Gonal Bhimappa, Hon. Chairman, Karnataka Public
Service Commission; Sri. S.V.Ranganath, Chief Secretary, Govt. of Karnataka, Hon.
Members of the KPSC; Distinguished Guests; Ladies and Gentlemen;

2. It is indeed an honour and privilege to me to inaugurate the Diamond J ubilee
Lecturer Series of Karnataka Public Service Commission. I would like to compliment the
Commission for the outstanding work it has done during its 60 years of meaningful
existence. Today morning, His Excellency the Governor of Karnataka has inaugurated
the Diamond jubilee Celebrations and the Hon. Chief Minister has laid the foundation
stone for the Diamond J ubilee Building of the Commission Indeed, the Diamond J ubilee
of the Institution is the right occasion for introspection.

3. The broad contours and goals of governance in free India were well laid out in the
famous Tryst with Destiny a speech made by J awaharlal Nehru, the first Prime
Minister of independent India. This was further articulated in the First five year plan
document. It noted about the tasks facing administration. I quote The major emphasis
now shifts to the development of human and material resources and the elimination of
poverty and wants. We all are aware of many positive developments that have
happened in all most all the fields. However, the problems of chronic poverty, ignorance
and disease still continue to haunt millions of our citizens.

4. One of the basic elements of our governance architecture is the civil service
which forms the permanent structure and backbone of administration. In India public
services are held in the highest social esteem. Much of it originates from the fact that the
founding fathers of our constitution have envisioned the recruitment of public servants
not by the governments but by an independent body solely on the basis of merit through
open competition only. For this they created Public Service Commissions as
Constitutional bodies with requisite freedomand safeguards to enable themto deliver
services without bias, fear and favour and in a most transparent way. The values of
independence, impartiality and integrity are the basic determinants of the constitutional
conception of Public Service Commission.

5. The first Public Service Commission was established on October 1, 1926
following the recommendations of Lee Commission. Later on the Govt. of India Act,
1935 envisaged a Public Service Commissions for both the Federation and for each
province or group of Provinces. The first Public Service Commission in Karnataka was
constituted in the erstwhile State of Mysore on 18
th
May, 1951.

6. The pivotal role for the Public Service Commission can be summed up in what
the first President of India, Babu Rajendra Prasad, had said in his valedictory address on
November 26, 1949, as President of the Constituent Assembly:
Our Constitution has devised certain independent agencies to deal with
particular matters. Thus it has provided for Public Service Commissions
both for the Union and for the States and placed such Commission on an
independent footing so that they may discharge their duties without being
influenced by the Executive. One of the things against which we have to
guard is that there should be no room as far as it is humanly possible for
jobbery nepotism and favouritism. I think the provisions we have
introduced into our Constitution will be very helpful in this direction.

7. It is understood that the success of any institution depends on the integrity,
efficiency and honesty of purpose of those persons who are part of it. The methods of
appointment and the conditions of service of the persons manning the Commissions have
a determining influence on the efficiency of the organization. In this regard the Lee
Commission had strongly pleaded that the Commissioners must be detached so far as
practicable fromall political associations. The Simon Commission were of the firm
belief that the Provincial Public Service Commission can serve the purpose for which
they were established only if their Members were completely removed frompolitical
influences. It is therefore of utmost importance that the Commissions should be manned
by persons of highest integrity and competence. The composition of the Commissions
should be such that it should have a balance of important view points and experiences
froma cross section of society. This, I am sure would inspire the confidence of the
public as a whole. We now have experience of over 60 yeas of working of Commissions
and it is for consideration whether the present method of appointment is adequate and
results only in the appointment of persons of merit and independence of the Commission.
Since all of us are separate in our own domain, the tasks of appointing members to man
Public Service Commissions remain with the State Government. Each State has a
freedom to appoint members to Commissions but may not like to deviate from the
practices that are well respected across the country in doing so.

8. Paul Appleby, a noted public administration thinker, was of the view that Public
administration in India should not be used in a narrow sense of the termbut should be
seen in the larger context of the welfare state to be judged by what it achieves for the
public welfare. He emphasized that excessive cross reference and consultation leads to
evasion of responsibility. He also said that democracy depends on responsibility,
accountability and responsiveness. Today, Governance is a termthat has come to signify
a traverse beyond government and a means to transformthe life of different social actors.
It is imperative therefore that the structures of governance align themselves with the
rising aspirations of the people and creatively act upon them so as to deliver the greatest
good in a socially just, equitable and unbiased manner.

9. Public servants must be able to participate effectively in the processes of
governance in a manner that focuses on outcomes rather than merely on outputs. The aim
should be to evolve new and imaginative solutions for the problemfacing the country.
The old ways of excessive caution, reliance on past precedents or treading the beaten
paths should give way to innovation and out of box thinking to address the challenges.
What Pandit J awahar Lal Nehru said in 1958 holds good even more today?
In a period of dynamic growth, we want as civil servants people with
minds, people with vision, people with a desire to achieve, who have some
initiative for doing a job and who can think how to do it.

10. Ethics and concern for equity are central to the concept of good governance in a
democracy. Good governance is not merely about more efficient management of
organizations, it is also about humane and ethical management. Ethical behavior must be
the key judgment and should override all other processes and performances. Moral
conduct must be a way of life of our institutions of Democracy. Needless to say that
there has to be democratic morality. People value the work done by honest and dedicated
people. We all should work to strengthen the trust and faith which people have in all of
us. There has been a number of Codes for ethics in vogue. There is a growing feeling in
the people that they are not effective in dealing with ethical issues. Many of themhave
too many elements making themimpracticable to follow and implement. It calls for
fewer but powerful elements in the ethical codes that could remembered easily and bind
an individual to important universal virtues. I belief that we should make morality ethical
behavior, sincerity and truthfulness as the touch stone, while recruiting candidates to man
the public service.

11. The Government is increasingly viewed as an efficient provider of basic
services and public goods. People expect the Government to facilitate growth and
development. Thus the relationship between the people and the institutions of public
governance are key in delivering public services. These relationships take different
forms and shapes. However, treating the citizen merely as a customer is particularly
limiting. As a citizen one expects the institutions to not only promote the public welfare
services but also a set of principles and ideals to make him/her a better citizen. I have a
firm belief that Institutions are respected only when they are responsive and sensitive to
matters of ethics and integrity and well adapted to address the satisfaction of the citizens
in emerging world order. This can be achieved through continuous changes in methods
of mark and an outlook for innovations.

12. Recruiting the finest talent for manning the civil services and protecting their just
interests so that they may act impartially and fearlessly is one of the tasks given to the
Commission under the Constitution. How do we go about finding these people, of
discovering those intellectual, human and personal attributes that would set apart the
chosen few for their zeal, sense of commitment and thirst for achievement? How do we
ensure that right people are recruited with due consideration for merit, equity and fair
play, and that the youngsters so recruited continue to be fired by a passion for service and
for ameliorating the condition of the poorest of Indias poor? Should intellectual abilities
or sheer academic brilliance be the sole or principal criterion of suitability for public
services? Does the role and relevance of special skills and abilities of a candidate get
due consideration? What about motivation and aptitude for the work expected from a
Civil Servant? Whether the present systemof written examination and interview is
sufficient to judge the suitability of a candidate for a career in civil service for the next
three decades or so? These are some of the questions that we have to ask ourselves so
that our selection systemis made more and more dynamic.

13. We are also witnessing an environment where public services and public servants
are accorded very little support and are treated with low prestige. An unnecessary
negative picture about the civil servants based on the misdemeanour by a few is being
created. This acts as a de-motivating factor and contributes to the best not coming
forward to man the public services narrowing our resource pool fromwhere we make
recruitment. We are also witnessing that many a bright talent are ready to leave the
government. While constructive criticism is well received, an unbalanced view is
detrimental to all. The erosion in the attraction of public services undermines the ability
of governments to respond effectively to the needs and aspirations of the masses. Let us
recognize that few other jobs offer such opportunities to impact the life of others as the
public services do and the job satisfaction remain higher than what the private jobs offer.

14. India has a predominantly young population. Youth is the age of idealism, a stage
in life that is marked by optimism, vitality and vigour. The youngsters of today are better
educated and naturally have aspirations for a better future for them. They are impatient
for results and are willing to work towards improving their position in life. It is very
much in the interest of the society and the country that the personnel policy of the
government too takes full advantage of the demographic dividend by leveraging this
tremendous energy and potential of our youth. Careers in public service have become
more attractive in the context of emoluments regime as also on account of the changes in
the global economic scenario. This places a responsibility on the government system to
tailor procedures and careers to suit the newer vistas.

15. We should also realize that in building an effective civil service just and right
selection is only the first step and not an end in itself. Training is a critical component
for inculcating skills and values and helping to change entrenched mind-sets. Training is
necessary for keeping up-to-date and enhancing professional knowledge and skills
needed for better performance of both individuals and organizations. The need to
develop and channelize the qualities inherent in the person cannot be overemphasized.
Therefore, process of selection divorced from training and career development will not
bring out in full all the potentialities of a candidate. Civil Service Commissions in many
of the advanced countries are entrusted with the task of training, career management of
the executives and also formulation of the policies for human resource development.

16. Out systems should have the synergy to innovate and reform and the resilience to
adapt to the new environment. The Public Service Commissions have to rise up to the
occasion and meet the challenge of attracting the brightest and the most suited personnel
to man the public service and to select the right persons with substance, integrity and
uprightness for the jobs in the Government. Our endeavour should be to recruit the best
available talents within the shortest possible time. The emerging technologies do provide
us immense possibility to innovate and develop agile and flexible systems of selection.
We should equip ourselves with modern techniques of measuring the skills and qualities
of candidates in a functional perspective. The information technology and improved
connectivity have vastly improved the infrastructure of governance for young officers.
This explosion of knowledge and revolution in communication should be better utilized
to address the tasks at hand.

17. Explosion of knowledge is taking place at a very fast rate in the wake of rapid
advances in the Scientific and Technological world. Our syllabi of various examinations
should be in tune with the latest trends in the educational field and for this we have to
update these on regular basis to attract the best talents.

18. Public Trust and Confidence in any Organization can be sustained only if its
functioning is not only fair and just but also visibly transparent. The dissemination of
public information is essential both to effective democracy and good governance.
Communications by and among citizens is crucial for citizens satisfaction and for him to
deliver its support to processes and policies of the government. For transparency it is
central that the information be disseminated; hiding information is hindrance to good
governance and prone to corrupt practices. Freedomof information not only improves
efficiency through regular review and re-engineering of the processes by the organization
and create public faith but protect citizens sovereign rights too. Right to information act
must be viewed and accepted in this light. This Act has been a new opening to inform
the public the processes and procedures adopted by us to maintain the impartiality and
fairness in our working.

19. One of the areas of concern is the spurt in the number of litigations in various
Courts. We have to understand the reasons for these phenomena. It should be a matter of
serious concern to us if these litigations are emanating on account of diminishing faith in
whatever we do. We should make our systems, procedures and processes public and also
subject it to the scrutiny of the Honble Courts. If there is any lacuna in these, they
should be rectified. Our endeavour should be to convince the Honble Courts about the
correctness and integrity of our systems, procedures and processes. Thereafter the Court
should leave the application of these systems and procedures in individual cases to us.

20. Over the years, Commissions have been confined to the traditional role of an
agency for examining and recruiting with certain limited advisory functions on various
service matters. The fundamental purpose of PSCs is to maintain and strengthen an
efficient and contended public service which is free from political and personal
influences. I amnot very sure whether with the present limited charter of duties under
Article 320 of the Constitution enables us to fulfill this purpose. We deal with only those
cases which are under our purview and referred to us. There are a large number of
informal but deciding factors in service matters which can be handled by the Commission
with the present mandate. In most of the developed countries, our counterparts are given
wide controlling powers and functions in regard to personnel administration. Time has
now come to expand the horizon.

21. At the time of Independence, our country hardly had any Public Sector
Enterprises. Successive Five Year Plans have resulted in establishment of a large number
of such Enterprises. The economic reformprocess is also changing the role of the State
which resulted in carving out Autonomous Bodies and entrusting the functions hitherto
performed by the Government to these bodies. While decentralization of the functions
may be the need of the hour, the selection to these bodies should be entrusted to Public
Service Commission to ensure that merit alone is the basis of such selections. By virtue
of its independent Constitutional status, the Commission inspires the highest confidence
in the public with regard to its fairness, impartiality and objectiveness of its selection
procedures. Article 321 of the Constitution of India has such an enabling provision and it
is for the government to consider this.

22. The proviso to Article 320 (3) provides for exemption of posts from the purview
of the Public Service Commissions. Over the years, the Government have excluded a
number of civil posts/services from the purview of the Commission by invoking this
proviso. Such an exclusion of posts fromthe purview of Commission would be justified
only in exceptional circumstances. To allow permanent exemption of posts/services
would run counter to the spirit of the provisions of the Commissions. Considering the
purpose and spirit of the Constitutional provisions, all such civil posts/services should be
brought back within the purview of the Commissions.

23. Both the Public Service Commission at the Centre and the Public Service
Commission at the States are creations of the same Article of the Constitution. But the
Constitution has not provided for any formal linkage between these Institutions. It was
felt that a forumfor exchange of ideas and experience wit one another would be of
immense help in improving the functioning of the Commissions by learning fromeach
others experience. This gave birth to the National Conference of Chairpersons of Public
Service Commission From1999 onwards such Conferences are being held on regular
basis. The deliberations at these conferences have been providing immense help in
improving the functioning of the Commissions from learning from each others
experience and thereby strengthening the institution. Some remarkable achievements of
these Conferences are the preparation of The Compendium of Best Practices of State
PSCs; The Model Code of Conduct for the Chairman and Members of the State PSCs
and the Compilation of various Court J udgments having relevance to the functioning of
the PSCs. The contributions of the Karnataka Public Service Commission in these
ventures are exemplary and praiseworthy.

24. In todays globalized world, one cannot remain totally confined to ones own
approaches, methods and ideals for delivering the given mandate. We have to be a
learning organization, ready to accept and absorb the best even fromthe outside world.

25. Institutions like Public Service Commissions continuously evolve to come to a
stage of steady state which is unachievable as we face a changing world. Therefore, we
need to think 20 -30 years into the future and design systems, structures and procedures
which are robust enough to deliver results far into the future. We learn fromour past
experiences and feed backs and also through re-engineering of processes. We have to be
open minded, think out of box and capable to envision the future needs in an emerging
social, economical and democratic paradigm and there after formulate policies and
strategies to achieve the well defined goals and objective. This is important for us. We
must evolve continuously through well thought out researches on the issues crucial in the
delivery of our mandate. I amsure all of us shall measure up to these needs.

26. Let us all pledge to develop systems and processes that foster confidence in our
people and that we are able to fulfill the raison detre and live up to the expectations of
the framers of our Constitution.

27. Coming back to todays subject, Diamond J ubilee is an important milestone in the
life of an Institution. Sixty yeas may not be a very long period in the life of an
institution. But it is certainly not the longevity but the quality of actions that justifies
ones existence. Fromthat perspective, it is heartening to note that Karnataka PSC has
performed its constitutional responsibilities with a sense of integrity, dedication and
diligence and has earned for itself a formidable reputation. The Karnataka Public Service
Commission can surely look back with pride and satisfaction at its achievements. I
convey my greetings and felicitations to the Chairman, Members, Secretary and all other
Personnel of the Commission. I wish the Commission every success in the years ahead.

J AI HIND

























INDEX

Page Nos.

1. Union Public Service Commission 1 to 134
2. Andhra Pradesh Public Service Commission 135 to 162
3. Arunachal Pradesh Public Service Commission 163 to 235
4. AssamPublic Service Commission 236 to 283
5. Bihar Public Service Commission 284 & 285
6. Chattisgarh Public Service Commission 286 to 326
7. Goa Public Service Commission 327 to 373
8. Gujarat Public Service Commission 374 to 391
9. Haryana Public Service Commission 392 to 399
10. Himachal Pradesh Public Service Commission 400 to 415
11. Karnataka Public Service Commission 416 to 485
12. Kerala Public Service Commission 486 to 529
13. Madhya Pradesh Public Service Commission 530 to 571
14. Maharashtra Public Service Commission 572 to 602
15. Manipur Public Service Commission 603 to 641
16. Nagaland Public Service Commission 642 to 654
17. Orissa Public Service Commission 655 to 705
18. Punjab Public Service Commission 706 to 714
19. Rajasthan Public Service Commission 715 to 740
20. Tamil Nadu Public Service Commission 741 to 778
21. Tripura Public Service Commission 779 to 785
22. Uttar Pradesh Public Service Commission 786 to 840
23. Uttaranchal Public Service Commission 841 to 847
24. West Bengal Public Service Commission 848 to 857
















SUBJECT INDEX

Subject-wise classification of various Judgments pertaining to PSCs

Subject Page No.
Chapter-I Selection
(i) Whether failure to enclose essential documents like certificates of
qualification, reservation etc., to the application for the post entails
rejection of the application? Yes.
Petitioner being an educated person should have submitted the
application properly. For his failure to do so the petitioner has only
himself to blame.
2 to 4
(ii) Whether candidates belonging to reserved category selected against
general/unreserved vacancies on account of their merit (without the
benefit of any relaxation/concession), can opt for a higher choice of
service earmarked for reserved category and thereby migrate to
reservation category? Yes.
Such candidates adjusted in the reserved category should be counted as
part of reserved pool for the purpose of computing the reservation
quotas. The seats vacated by such candidates will be offered to General
category candidates.
10 to 34
(iii) When posts are classified streamwise whether selection can be made
branchwise on the basis of merit ignoring streamwise classification?
No.
Whether delay in approaching the Court can be condoned when
violation of fundamental rights under Articles 14 & 16 of Constitution is
alleged? Yes.
184 to 190
(iv) Whether a candidate who was unsuccessful in a recruitment wherein no
reservation was made for PH persons can challenge the selection
process and seek direction to select himagainst PH vacancy on the
ground that one post ought to have been reserved under PH category
under Disabilities Act? - No.
Such PH post should be treated as backlog vacancy in view of
Umadevis case (2006) 4 SCC 1.
218 to 229
(v) Whether rejection of application for producing creamy layer certificate
issued after the last date fixed for receipt of application contrary to the
instructions contained in the notification is correct? Yes.
The rejection of candidature is unexceptionable and legal.
460 to 465
(vi) Whether newspaper reports alleging irregularities in selection process
are sufficient for filing writ petition assailing selection process? No.
It is settled law that when selection is challenged non impleadment of
selected candidates even in the representative capacity is fatal.
544 to 546
(vii) Whether waiting list can be operated against a vacancy arising due to
non joining by selected candidates in the main list or resignation of
selected candidates after joining during validity period of waiting list?
Yes.
Waiting list cannot be operated against a new vacancy not related to
selection in question but created during validity period of waiting list.
560 to 566
(viii) Between two selected persons the first slot would be occupied by a
person who is senior and second slot would be occupied by person
junior to him. In this positioning merit will no more be a consideration
as that has already been determined for the purpose of preparing select
list. In other words, no one can override merit by seniority, but between
two meritorious candidates finally selected, person with service
seniority would be placed higher.
664 to 669
(ix) Whether an unsuccessful candidate who is higher in academic merit 707 to 709
than the selected candidate can complain of arbitrariness for awarding
higher marks to the selected candidate in the interview? - No
No hard and fast rule can be laid down for allocation of viva-voce
marks.
Chapter-II Recruitment
(i) Whether applications received after the last date fixed for receipt of
applications can be entertained? No.
Postal delay or delay on the part of the courier is no excuse.
Section 27 of the General Clauses Act cannot help to draw any
inference that the application reached on 5.1.2009 when in fact it has
not.
5 to 9
(ii) Whether Government servants can challenge the authority of State to
make amendments or alterations in the Rules? No.
It is not within the domain of courts to decide how Recruitment Rules
will be framed. It is the job of the Department or UPSC to decide how
best Recruitment Rules can serve the purpose of the Department.
57 to 65
(iii) Granting interimorder which has the effect of granting the final relief is
deprecated.
An interimorder should not be of such a nature that by virtue of which a
petition or an application, as the case may be, is finally allowed or
granted even at an interimstage. Normally at an interlocutory stage no
such relief should be granted that by virtue of which the final relief,
which is asked for and is available at the disposal of the matter is
granted. For any special reason in an exceptional case, if such a
direction is given, the court must dispose of the case finally before
declaration of the result.
74 to 82
(iv) Whether short-listing of candidates in the ratio of 1:50 to the total
number of vacancies available at the material time irrespective of
community for Group-I Services as per G.O.Ms. dated 31.12.1997 is
contrary to principles of natural justice and Articles 14 and 16 of the
Constitution? No.
The provisions for holding the preliminary examination are for the
purpose of maintaining a basic standard. If categorywise statement is
prepared as directed by the High Court it may be detrimental to the
interest of meritorious candidates belonging to reserved category.
Whether the Public Service Commission has locus standi to maintain
and appeal before the Supreme Court when the State Govt. is not
aggrieved by the order of the High Court? Yes.
The Public Service Commission has locus standi as the High Court has
not only set aside the GOMs dated 31.12.1997 but also set aside the
notification dated 27.12.2007.
136 to 153
(v) Whether physical test can be prescribed subsequently without
mentioning the same in the notification? Yes.
As relevant rules provide for physical endurance test for candidates who
have opted for the post of Dy.SP and participated in the test cannot
challenge the same on the ground that the same is not mentioned in the
advertisement.
174 to 178
(vi) When preference has to be exercised it is the relative merit and not
overall merit, overall merit has to be ignored. Relative merit will be the
determinative criterion.
179 to 183
(vii) When posts are classified streamwise whether selection can be made
branchwise on the basis of merit ignoring streamwise classification?
No.
Whether delay in approaching the Court can be condoned when
violation of fundamental rights under Articles 14 & 16 of Constitution is
alleged? Yes.
184 to 190
(viii) Whether in a recruitment to the post of Principal by direct recruitment
as per amended rules a candidate working as Vice Principal which is the
feeder post for promotion to the post of Principal under unamended
rules which governed the recruitment before amendment can challenge
the recruitment under amended rules on the ground that the vacancy for
the post of Principal arose before amendment rules? No.
191 to 204
(ix) Whether procedure prescribed for direct recruitment by competitive
examination is applicable to Limited Departmental Competitive
Examination prescribed for the post of Section Officer in the
Government Secretariat? Yes.
205 to 217
(x) Allegations of malpractice in conducting examination Scope of
judicial review - Explained The two concepts of horizontal and
vertical reservation - Explained.
Unless specific instances are brought to the notice of the Court to show
that the actions undertaken are vitiated by malafides or such actions are
demonstrated to be prompted by extraneous or corrupt reasons,
interference of the Court will not be justified.
244 to 270
(xi) Whether prescribing qualifying test (screening test) after
commencement of selection process amounts to change of selection
process? No.
Even in the absence of statutory provision for holding screening test the
same can be held on the basis of administrative instructions for the
purpose of elimination and short listing of huge number of candidates
provided the action is otherwise bona fide and reasonable.
292 to 294
(xii) Whether application dispatched by speed post before the last date for
receipt of applications but received by PSC after the last date is liable
for rejection? Yes.
Normally such reliefs which are in the nature of final relief are not
granted by the Courts at interimstage.
295 to 297
(xiii) Whether persons working on contract basis can claim in a direct
recruitment age relaxation or separate examination for them reserving
quota? No.
Unless the petitioners are eligible under the rules, they cannot claimas
of right, participation in the process of recruitment or consideration of
their candidature.
298 to 313
(xiv) Defects in the application for the post Whether candidates are entitled
to intimation before rejection? No.
324 to 326
(xv) It is settled that the posts which are lying vacant before the date of
promulgation of new Recruitment Rules are to be filled up as per the old
Recruitment Rules.
410
(xvi) Whether recruitment in excess of notified vacancies by issuing of two
addenda within one year from date of original notification but before
finalizing selection by invoking clause in original notification providing
for change in number of posts is valid? Yes. Case law - Discussed
Method of classification of vacancies Validity Interference of
Tribunal Scope Discussed
The method of classification of vacancies for reservation purposes
should be left to the executive.
It is not for the Court or Tribunal to decide on wisdom or otherwise of
method of classification of vacancies for reservation purposes
Whether classification vertical/horizontal of vacancies is to be on the
basis of total number of vacancies to be filled up or on the basis of
classification made by each Department as per roster points maintained
by each of themput together?
It must be on basis of classification of vacancies arrived at by different
department, as per roster points maintained by them, category-wise and
not on basis of total number of vacancies of all departments put
417 to 426
together.
(xvii) Whether rejection of claimfor reservation for failure to produce original
caste certificate copy of which enclosed to his application at the time of
applying but producing certificate obtained after the last date, at the
time of personality test is valid? Yes.
The claimfor reservation under Category II-A or III-B being income
linked and based on both caste and income as on the last date fixed for
receipt of applications, any certificate obtained after the last date fixed
for receipt of applications cannot be accepted.
438 to 444
(xviii) Whether Tribunal can go into validity of prescription of qualification?
No.
It is the domain of the executive to prescribe qualification or to declare
equivalence of qualification.
Equivalence of qualification Powers of judicial review in such
matters - Discussed
445 to 459
(xix) Whether a candidate called for verification of original documents in
person can seek exemption frompersonal appearance on account of
personal inconvenience or such other matters? No.
When P.S.C. stipulates that the candidate should appear in person and if
he fails to do so and P.S.C. takes the view that he will be treated as
absent in terms of conditions of notification, it cannot be said to be
illegal or perverse.
500 to 502
(xx) Whether rejection of application for not producing caste certificate in
the prescribed format and granted by prescribed authority is justified?
Yes.
Once the advertisement prescribes a particular condition and
contemplates a provision for submitting a certificate in a particular
manner, the Court by deviating fromsuch condition cannot interfere in
the matter and the candidates are bound to comply with the said
requirement of the advertisement.
553 & 554
(xxi) Whether part-time lecturers can seek stay of selection process on the
ground that they have not been regularized? No.
611 & 612
(xxii) Whether appointment orders issued in compliance with Supreme Court
order can be subjected to pending case before the High Court? No.
737 to 740
(xxiii) Whether a selected candidate can seek allotment to a Department of his
choice as a matter of right? - No.
If selected candidates have to be allotted each of the departments
according to their whimand fancies, it will lead to a hazardous situation
and while getting appointment also, it will give a right to themor it will
give rise to a situation wherein a new recruit, as a matter of right, can
claimany department. If this has to be given effect to, then, matters
relating to rule of reservation, vacancy position and marks secured by
the candidates have to be given a go-by.
764 to 770
Chapter-III Reservation
(i) Reserved category candidates "belonging to OBC, SC/ ST categories"
who are selected on merit and placed in the list of General/Unreserved
category can choose to migrate to the respective reserved category at the
time of allocation of services. Such migration as envisaged by Rule
16(2) is not inconsistent with Rule 16(1) or Articles 14, 16 (4) and 335
of the Constitution.
10 to 34
(ii) Section 33 of the Persons with Disabilities (Equal Opportunities,
Protection, Rights and Full Participation) Act, 1995 which provides for
posts for persons with disabilities is dependent on Section 32 of the Act
which provides for identification of posts in the establishment for
appointment? No. Reservation under Section 33 of the Act is not
dependent on identification of the posts. Posts have to be identified for
42 to 50
the purpose of Section 33 must be simultaneously undertaken with the
coming into operation of the Act, to give effect to Section 33.
(iii) Whether a candidate claiming PH reservation is required to produce
disability certificate in the prescribed form? Yes.
Medical Board should consist of at least three members, out of which,
one should be a Specialist in the particular field to assess whether a
persons is physically disabled or not as defined under the Act.
164 to 167
(iv) Whether a person suffering fromtwo disabilities each disability less
than 40% but together more than 40% could be selected against a post
reserved for either disability? No.
168 to 173
(v) Whether a candidate who was unsuccessful in a recruitment wherein no
reservation was made for PH persons can challenge the selection
process and seek direction to select himagainst PH vacancy on the
ground that one post ought to have been reserved under PH category
under Disabilities Act? - No.
Such PH post should be treated as backlog vacancy in view of
Umadevis case (2006) 4 SCC 1.
218 to 229
(vi) Allegations of malpractice in conducting examination Scope of
judicial review explained The two concepts of horizontal and vertical
reservation - Explained.
Unless specific instances are brought to the notice of the Court to show
that the actions undertaken are vitiated by malafides or such actions are
demonstrated to be prompted by extraneous or corrupt reasons,
interference of the Court will not be justified.
244 to 270
(vii) Whether candidates claiming reservation under SEBC category can
claimto be selected under G.M. category on their failure to produce non
creamy layer certificate in support of claimof reservation under SEBC
category? No.
GPSC has no suo-motu power and/or it is not the practice of GPSC to
automatically consider case of the candidate belonging to reserved
category in the general category on non-production of requisite caste
certificate etc. It can be done provided the same is mentioned in the
advertisement and/or the same is the practice of the GPSC.
375 to 391
(viii) Whether recruitment in excess of notified vacancies by issuing of two
addenda within one year from date of original notification but before
finalizing selection by invoking clause in original notification providing
for change in number of posts is valid? Yes. Case law discussed
Method of classification of vacancies Validity Interference of
Tribunal Scope Discussed
The method of classification of vacancies for reservation purposes
should be left to the executive.
It is not for the Court or Tribunal to decide on wisdom or otherwise of
method of classification of vacancies for reservation purposes
Whether classification vertical/horizontal of vacancies is to be on the
basis of total number of vacancies to be filled up or on the basis of
classification made by each Department as per roster points maintained
by each of themput together.
It must be on basis of classification of vacancies arrived at by different
department, as per roster points maintained by them, category-wise and
not on basis of total number of vacancies of all departments put
together.
417 to 426
(ix) Whether rejection of claimfor reservation for failure to produce original
caste certificate copy of which enclosed to his application at the time of
applying but producing certificate obtained after the last date, at the
time of personality test is valid? Yes.
The claimfor reservation under Category II-A or III-B being income
438 to 444
linked and based on both caste and income as on the last date fixed for
receipt of applications, any certificate obtained after the last date fixed
for receipt of applications cannot be accepted.
(x) Whether failure to produce certificates to show that the candidate has
studied from1
st
standard to SSLC entails rejection of claimof rural
reservation? Yes.
471 & 472
(xi) When both General Recruitment Rules and Special Recruitment Rules
provide for age relaxation for PH persons which Rules will prevail?
Special Recruitment Rules will prevail if the Special Recruitment Rules
are later than General Recruitment Rules.
473 to 475
(xii) Production of original document in support of claim of reservation at the
time of interview to be adhered to strictly as per instructions. Any laches
on their part would definitely result in rejection of the application. In
such a situation, one cannot claimas a matter of right, sympathy or
equity.
476 to 582
(xiii) Whether instructions issued for general candidates will apply with full
vigour to physically or mentally challenged candidates? No.
Candidates with disabilities cannot be treated at par with candidates
without disability. Otherwise, it will not facilitate the realization of
equal opportunity and full participation to persons with disability in the
selection process.
487 to 494
(xiv) Whether while giving effect to special reservation (horizontal
reservation) communal reservation (vertical reservation) has to be
followed? No.
495 to 499
(xv) Whether rejection of candidature for non compliance with regard to
format of reservation certificate is justified? Yes.
The Commission as main Recruiting Agency has to work as per the
schedule for each recruitment and it cannot wait for indefinitely for a
particular candidate otherwise there would be utter chaos and would
lead to collapse of the system.
534 to 536
(xvi) Whether reservation for women under Article 15(3) of the Constitution
is mandatory or enabling provision? - Not mandatory, enabling
provision.
539 to 541
(xvii) Whether Rules of 1997 providing reservation for women is applicable to
selection process started in 1996? No.
542 & 543
(xviii) Whether Disability Certificate issued by any authority other than
Medical authority within the meaning of Disabilities Act of 1995 is
valid for the purpose of reservation under P.H.? No.
As per the Act and the Rules it is only the Medical Board as constituted
under the rules with the composition of 3 Members out of which at least
one shall be a specialist in the particular field for assessing
locomotors/visual including low vision/hearing and speech disability,
mental retardation and leprosy cured.
547 to 552
(xix) 33% reservation provided to Backward Tribe to be maintained.
Unless there are statutes, rules and standing order authorizing/enabling
the Commission to proceed with the selection of J unior Engineer on the
basis of their own roster, independent of the roster prepared and
furnished by the Government, any recommendation made by the
Commission is wholly arbitrary and illegal.
643 to 654
(xx) When eligible woman candidate is available selecting a male candidate
to the post reserved for woman is bad in law.
696 to 699
(xxi) Whether a person certified as SC/ST in relation to one State if migrates
to another State would be entitled to benefits available to SCs/STs in the
State in which he has migrated unless he belongs to SC/ST in that State
also? No.
Castes or Tribes have to be specified in relation to a given State or
787 to 791
Union Territory. That means a given caste or tribe can be Scheduled
Caste or Scheduled Tribe in relation to the State or Union Territory for
which it is specified.
(xxii) Reservation to women 20% reservation to women given by
Government Order dt: 26.2.1999 and selection on that basis to the post
of Civil J udge (J r.Dvn.) has been found that for not consulting the High
Court but selection and appointment already made are maintained as per
Supreme Court order.
792 to 794
(xxiii) Whether Commission can hold Screening Test for selecting candidates
for interview in the absence of specific provision in the recruitment
rules? Yes.
Whether candidates belonging to OBC can be selected under General
Merit category on the basis of merit? - Yes.
Considering large number of candidates applied for the post no illegality
or arbitrariness was committed by the Commission in holding a written
objective type test to short list the candidates for the purpose interview.
795 to 810
(xxiv) Whether women selected on merit within the vertical reservation quota
will be counted against the horizontal reservation for women? Yes.
Where a special reservation is provided within the social reservation for
Scheduled Castes, the proper procedure is first to fill up the quota for
Scheduled Castes in order of merit and then find out the number of
candidates among them who belong to special reservation group of
"Scheduled Caste women". If the number of women in such list is equal
to or more than the number of special reservation quota, then there is no
need for further selection towards the special reservation quota.
842 to 847
Chapter-IV Promotion
(i) Whether relaxation provided in the Recruitment Rules to the
Departmental candidates in the matter of promotion is valid? Yes.
Educational qualification relaxation granted to the Departmental
candidates under Note (i) in Column 12 is across the board and not for
any individual alone. Hence not discriminatory but it provides
relaxation equally to all Departmental candidates.
35 to 41
(ii) Whether an applicant slept over the matter of his promotion for a period
of five years can seek promotion on the ground that his junior has been
promoted after condoning the delay? No. It was not a case for
condoning the delay.
66 to 68
(iii) Whether initial appointment of the petitioner as Assistant Engineer in
the Soil Conservation Division, Directorate of Agriculture, can be
counted for determining seniority in P.W.D.? No.
The effect of decision of dereservation of vacancy will have prospective
effect and not relate back to the year of that vacancy.
337 to 361
(iv) Communication of adverse remarks Discussed.
Adverse report in a confidential roll cannot be acted upon to deny
promotional opportunities unless it is communicated to the person
concerned.
656 to 660
(v) Whether assessment of the Selection Committee of a candidate for
promotion is subject to appeal? No.
An employee has a right to be considered for promotion, but he has no
legal or service right for promotion. Tribunal cannot sit as an appellate
authority to examine the recommendation of DPC like a court of appeal.
661 to 663
(vi) Delay in considering representation against adverse remarks
Discussed.
670 to 672
(vii) Whether junior in the cadre of J oint Director can be promoted to the
post of Director of Mines? Yes.
Government is competent to exercise the power of creation of posts in
public interest pending amendment to the statutory rules.
678 to 683
(viii) Law is well settled that the State Government is not bound by the
recommendation of the Orissa Public Service Commission for giving
promotion to its employee to a next higher post. Opinion of P.S.C. is
only advisory in nature. As such it is not mandatory for the State
Government to accept the opinion and act upon the said opinion.
688 to 692
(ix) In the event of conflict between the quota of reservation and roster, the
former shall prevail over the latter.
817 to 820
Chapter-V Examination
(i) Whether a candidate can be debarred fromappearing in Civil Services
Examination for furnishing wrong/misleading information in the
application form? Yes.
Candidates who are going to appear in the Civil Services Examination
are expected to read the instructions carefully and to fill up application
formcarefully and meticulously.
51 to 54
(ii) Whether an application for the post is liable to be rejected for non
compliance with instructions contained in the advertisement? Yes.
In the advertisement it was made clear that if the application is
incomplete it will not be entertained. Therefore it is duty of the
candidates who applied to ensure that they apply in proper format giving
complete information.
55 & 56
(iii) Whether failure to produce copies of B.Sc. degree and marks sheet in
support of an essential educational qualifications for the post entails
rejection of the candidates application treating it as incomplete? Yes.
Furnishing copies of certificates stated in the advertisement is a
necessary condition for consideration of the application.
69 to 73
(iv) Whether procedure prescribed for direct recruitment by competitive
examination is applicable to Limited Departmental Competitive
Examination prescribed for the post of Section Officer in the
Government Secretariat? Yes.
205 to 217
(v) Allegations of malpractice in conducting examination Scope of
judicial review explained The two concepts of horizontal and vertical
reservation explained.
Unless specific instances are brought to the notice of the Court to show
that the actions undertaken are vitiated by malafides or such actions are
demonstrated to be prompted by extraneous or corrupt reasons,
interference of the Court will not be justified.
244 to 270
(vi) Whether errors, irregularities in respect of one candidate justify
revaluation of scripts of all the candidates? No.
Merely because an irregularity has been noticed by the Court in respect
of the marks awarded against one question to one particular candidate,
the same will not justify recall for the answer scripts of all the
candidates for the purpose of evaluation.
271 to 274
(vii) Whether a candidate is entitled to inspect the original answer sheets?
No.
285
(viii) Whether re-valuation of answer script is permissible in the absence of
specific provision providing for re-valuation? No.
In the absence of any provision under the Statutory Rules/Regulations,
the Court should not generally direct revaluation.
401 to 409
(ix) Whether the Court can interfere with the answer keys published by the
Commission? - No.
Even assuming that there is some mistake in some answers it would not
be proper for the Court to interfere with the key answers published by
the P.S.C. in exercise of power of judicial review. It is impossible to
publish an answer key acceptable to all experts.
503 to 506
(x) Whether debarring of the candidate for bringing Cell phone and guide in
a Departmental test contrary to instruction in that regard is justified?
507 to 511
Yes.
(xi) Whether scaling method adopted was justified? Yes.
Scaling is a recognized method of valuation to find out the inter-se merit
of the candidates taking different optional subjects.
531 to 533
(xii) Whether candidates who have taken a public examination should be
allowed to participate in the process of evaluation of their performances
or to verify the correctness of the evaluation made by the examiners by
themselves conducting an inspection of the answer books? No.
Court should be extremely reluctant to substitute its opinions and views
as what is wise, prudent and proper in relation to academic matters in
preference to those formulated by professional men possessing technical
expertise.
573 to 599
(xiii) Whether method of scaling of marks in Combined Competitive
Examination for State and Sub-ordinate Service resorted to in the
absence of specific provisions under the Recruitment Rules is correct?
Yes.
716 to 736
(xiv) Whether Commission can hold Screening Test for selecting candidates
for interview in the absence of specific provision in the recruitment
rules? Yes.
Whether candidates belonging to OBC can be selected under General
Merit category on the basis of merit? - Yes.
Considering large number of candidates applied for the post no illegality
or arbitrariness was committed by the Commission in holding a written
objective type test to short list the candidates for the purpose interview.
795 to 810
(xv) Whether short-listing of candidates without conducting screening test is
illegal and not justified? No.
Guidelines per se do not partake of the character of statute. Such
guidelines in the absence of the statutory backdrop are advisory in
nature.
831 to 836
(xvi) Whether leaving the examination hall along with answer script before it
is collected contrary to instructions amounts to mis-conduct? Yes.
837 to 840
Chapter-VI Eligibility
(i) Whether physical test can be prescribed subsequently without
mentioning the same in the notification? Yes.
As relevant rules provide for physical endurance test for candidates who
have opted for the post of Dy.SP and participated in the test cannot
challenge the same on the ground that the same is not mentioned in the
advertisement.
174 to 178
(ii) Eligible for the post and suitable for the post are different - Explained. 237 to 243
(iii) Whether eligibility criteria with regard to age can be changed after
commencement of selection process? Yes.
Whether higher upper age limit for local candidates amounts to
discrimination? No.
Discrimination in prescribing maximumage limit for recruitment to the
State Civil Services is not based solely on the ground of place of
residence. Hence not bad.
314 to 323
(iv) Stipulation of physical standard and efficiency tests as per C&R Rules
to be adhered to strictly.
Second chest measurement fulfilling the requirement carried out by an
authority other than the competent authority prescribed under the rules
cannot be accepted.
480 to 482
(v) Whether the rule which disqualifies a person who has married before the
minimum age fixed for marriage is applicable to candidates who had
married before coming into force of the said rules? Yes.
537 & 538
(vi) Whether a candidate who acquires requisite qualification after the last
date of submission of application is eligible for the post advertised?
606 to 610
No.
An advertisement or notification issued calling for applications
constitutes a representation to the public and the authority issuing is
bound by such representation. It cannot act contrary to it.
(vii) Whether a candidate who acquires essential qualification after the last
date fixed for receipt of applications is eligible for selection? No.
Possession of requisite educational qualification is mandatory and if a
candidate does not hold the requisite qualification on the cut off date,
such candidate is not eligible for the post in question.
613 to 625
(viii) Whether an unsuccessful candidate after having participated in the
selection process can challenge the selection of a selected candidate on
the ground that he has no qualification as per the conditions mentioned
in the advertisement? No.
626 & 627
(ix) Whether PSC can relax eligibility criteria in exercise of a Note in the
notification that the decision of the Commission regarding eligibility or
otherwise of candidates will be final? No.
Whether a particular qualification is equivalent to another has to be
specifically indicated.
628 to 636
Chapter-
VII
Appointment
(i) Eligible for the post and suitable for the post are different - Explained. 237 to 243
Chapter-
VIII
Qualification
(i) Rejection of application for not possessing the qualification prescribed
before the cutoff date is held justified.
287 & 288
(ii) Whether Tribunal can go into validity of prescription of qualification?
No.
It is the domain of the executive to prescribe qualification or to declare
equivalence of qualification.
Equivalence of qualification Powers of judicial review in such matters
- Discussed.
445 to 459
(iii) Whether qualification can be prescribed as per executive orders contrary
to the qualification prescribed under the statutory rules? No.
The executive instructions cannot run contrary to the statutory
provisions.
In case of conflict between the statute and an executive instruction the
former will prevail over the latter and the executive instructions cannot
supersede statutory Recruitment Rules.
567 to 571
(iv) Whether PSC can relax eligibility criteria in exercise of a Note in the
notification that the decision of the Commission regarding eligibility or
otherwise of candidates will be final? No.
Whether a particular qualification is equivalent to another has to be
specifically indicated.
628 to 636
(v) Whether AMIE Degree can be held to be equivalent to B.E. Degree in
direct recruitment to the post of Sub Divisional Engineer? No.
710 to 712
(vi) Whether UGC Act prevails over IGNOU Act? Yes.
Whether degree awarded by IGNOU (Open University) in violation of
standards prescribed by regulations framed by UGC is valid? No.
742 to 763
Chapter-IX Age limit
(i) Cutoff date for determination of age is the date specified in the
notification.
If there is any typographical error/clerical mistake, PSC has every right
to correct the same within the stipulated period and the candidates
cannot take advantage of the mistake.
289 to 291
(ii) Whether persons working on contract basis can claim in a direct
recruitment age relaxation or separate examination for them reserving
298 to 313
quota? No.
Unless the petitioners are eligible under the rules, they cannot claimas
of right, participation in the process of recruitment or consideration of
their candidature.
(iii) Whether eligibility criteria with regard to age can be changed after
commencement of selection process? Yes.
Whether higher upper age limit for local candidates amounts to
discrimination? No.
Discrimination in prescribing maximumage limit for recruitment to the
State Civil Services is not based solely on the ground of place of
residence. Hence not bad.
314 to 323
(iv) Whether Rule 6(3) of K.C.S. (General Recruitment) Rules, 1977,
providing for age relaxation to in-service candidates is applicable to the
recruitment under the Karnataka Recruitment of Gazetted Probationers
(Appointment by Competitive Examination) Rules, 1997? - No
Rule-5 of G.P. Rules, 1997 has overriding effect over Rule 6(3) of
General Recruitment Rules.
466 to 470
(v) When both General Recruitment Rules and Special Recruitment Rules
provide for age relaxation for PH persons which Rules will prevail?
Special Recruitment Rules will prevail if the Special Recruitment Rules
are later than General Recruitment Rules.
473 to 475
(vi) Whether a candidate can seek fixation of higher upper age limit and
change of base year from1
st
J uly to J anuary 2008 contrary to Rules? -
No.
The validity of the recruitment rules under which age limit has been
prescribed having not been challenged the petitioner has no legal right
to claimenhancement of upper age limit or change of base year as done
in the previous year.
604 & 605
(vii) In calculating a persons age, the day of his birth must be counted as a
whole day and he attains the specified age on the day preceding the
anniversary of his birthday. A fraction of a day will be treated as a full
day.
In the absence of any express provision, it is well settled that any
specified age in law is to be computed as having been attained on the
day preceding the anniversary of the birthday.
811 to 816
Chapter-X Seniority
(i) Whether seniority list can be prepared according to roster points and not
according to merit secured by the candidates in the selection? No.
Roster points are only to calculate the quantumof reservation and
cannot be made the basis to grant accelerated seniority.
If the selection is made in one selection and the names are arranged
according to merit then person higher in merit cannot be lowered down
in seniority.
154 to 159
(ii) Whether initial appointment of the petitioner as Assistant Engineer in
the Soil Conservation Division, Directorate of Agriculture, can be
counted for determining seniority in P.W.D.? No.
The effect of decision of dereservation of vacancy will have prospective
effect and not relate back to the year of that vacancy.
337 to 361
(iii) It is settled position of law that as and when there is any disturbance/re-
casting of seniority position of the persons in the gradation list then all
persons who are likely to be affected thereby are entitled to be given a
hearing and have a right to file objections.
555 to 559
(iv) Interpretation of relevant rule which stipulated the fixation of interse
seniority Explained
684 to 687
Chapter-XI Consultation
(i) Whether passing an order by the Appointing Authority which has the 637 to 641
effect of repealing the existing Recruitment Rules and reviving the old
Recruitment Rules without consulting the Public Service Commission
violates Article 320(3) of the Constitution and relevant Regulations is
illegal? Yes.
Chapter-
XII
Disciplinary Enquiry
(i) Whether enquiry can be initiated for pecuniary loss caused more than 4
years prior to retirement? No. Enquiry proceeding quashed.
A corporation wholly owned by the Government or otherwise is a body
corporate and as such not Government.
673 to 677
(ii) Quantumof punishment to be imposed - Discussed. 693 to 695
(iii) The charge in the disciplinary proceeding has to be substantially proved
and no order of punishment can be passed basing on prima facie
evidence.
700 to 703
Chapter-
XIII
Composition, duty and functions of Public Service Commission
(i) Composition and eligibility to be appointed as Chairman/Member.
A public interest litigation should always be a bona fide vindication of
grievance which should not be coloured by either mala fide or personal
vendetta or for seeking personal gains.
The words "as nearly as may be" occurring in proviso to Article 316(1)
suggests that the proportion of 50% of the service members is not exact
but approximate and is meant not to be mandatory but directory.
328 to 336
(ii) Public Service Commission being a constitutional body entrusted with
the task and responsibility of recruitment to high posts under the State
Government as well as the post under State undertaking, ought to be
transparent and scrupulous in all its acts and deeds so that public
confidence reposed in it, is not lost or eroded.
613 to 625
(iii) Whether Government can pass an order initiating an inquiry against the
functioning of the Commission on the basis of complaints of corruption,
mis-conduct etc.? No.
The object of Article 317(1) is to give a better protection to a Chairman
or other Members of a Public Service Commission than other
Constitutional dignitaries, in the matter of removal on the ground of
mis-behaviour. Autonomy, independence and fearlessness has been
secured under Article 317 of the Constitution of India in order to keep
themaway frompolitical influence or influence to make appointment in
violation of Article 16 of the Constitution of India.
821 to 830
Chapter-
XIV
Right to Information Act
(i) When information sought under R.T.I. Act is voluminous the applicant
should be offered inspection of the relevant files as provided under 7(9)
R.T.I. Act.
83 & 84
(ii) Whether it is open to the applicant under R.T.I. Act to bundle a series of
requests into one application and seek information under Section 7(1) of
R.T.I. Act? No.
85 to 90
(iii) Whether opinion/views of the public authority can be sought under
R.T.I. Act: - No. Under Section 2(f) of R.T.I. Act an information seeker
should clearly specify the required information which should be
available in any material form. He is not expected to elicit views of
Public Information Officer through any formof query. Even where the
information provided to expose wrongdoing, the remedy for that will
not lie with the Information Commission but with the appropriate court
of law.
91 to 95
(iv) Whether file notings in vigilance files are exempt fromdisclosure under
Section 8(1)(g) RTI Act? Yes. That protection needs to be provided
96 to 98
to the officers of sensitive Department such as Vigilance Department in
performing their duties fromthe probing eyes of outsiders hence no
disclosure of file noting in Vigilance file is to be made.
(v) Whether IPO of higher denomination sent against application fee of
Rs.10/- can be returned to the complainant? Yes.
99 & 100
(vi) Whether unsigned application filed under RTI Act seeking information
can be considered as a valid application? No.
101 to 103
(vii) Whether answer scripts are exempt from disclosure under Section
8(1)(e) & (g) RTI Act? No. Section 22 of RTI Act has overriding
effect and will prevail over the provisions of the bye-laws/rules of the
examining bodies in regard to examinations. The examining body is
bound to provide access to an examinee to inspect and take copies of his
evaluated answer-books, even if such inspection or taking copies is
barred under the rules/bye-laws of the examining body governing the
examinations. There is fiduciary relationship between the examination
conducting body and the examinee but not between the examination
conducting body and the examiner
104 to 134
(viii) Whether information related to selection process like names of the
candidates, reservation etc., can be refused on the ground that it is third
party information exempt fromdisclosure under R.T.I. Act? No.
160 to 162
(ix) Even though the information sought under RTI Act was not furnished as
the appellant remained absent on four consecutive dates fixed for
hearing the information Commission disposed of the application.
230 to 235
(x) Whether answer scripts in the competitive examination held by Public
Service Commission is exempt fromdisclosure under Section 8(1)(e) of
RTI Act on the ground of fiduciary relationship? No.
275 to 281
(xi) Whether names of the Members of the Interview Board and Experts of
the said Board are exempt fromdisclosure under RTI Act?
Names of Members of the Interview Board are not exempt but names of
the Experts are exempt fromdisclosure under Section 8(g) of the Act.
282 & 283
(xii) Whether the information sought under RTI Act can be refused on the
ground that it relates to some other public authority? No.
The obligation is cast upon the public Authority to which the application
for information is made to transfer the application to the public authority
which holds the information as provided under Section 6(3) of the Act
362 to 365
(xiii) Duty of the Public Authority when the information relates to another
public authority Discussed.
366 to 373
(xiv) Whether question booklet and model key code can be refused on the
ground of confidentiality? No.
Only that information is exempted, the disclosure of which, has no
relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual, unless the
authorities are satisfied that the larger public interest justifies the
disclosure of such information.
Obligation of public authority under Section-4 of the Act to maintain
and catalogue records Explained.
393 to 399
(xv) Whether copies of answer sheets are exempt from disclosure under
Section 8(1)(e) RTI Act? Yes.
411 to 415
(xvi) Whether marks awarded by each Member of the Interview Committee
in the personality test is exempt from disclosure under Section 8(1)(g)
of RTI Act? Yes.
483 to 485
(xvii) Whether information available to an employer about his employees
Confidential Report and domestic enquiry, is not an information
available in fiduciary relationship as contemplated under Section 8(1)(e)
of the Act? No.
The information sought by an employee about other co-employees of
512 to 515
the same employer is not exempt fromdisclosure under Section 8(1)(e)
of the Act.
(xviii) Whether information sought under R.T.I. Act like answer scripts, marks
awarded including interview marks, process of examination and
interview can be refused on the ground that RTI is not applicable to PSC
or that the information is exempted fromdisclosure in view of fiduciary
relationship? - No.
It would not be in public interest to hold that there could be a continued
secrecy even as regards the identity of the examiners. Access to such
information, including as to the identity of the examiners, after the
examination and evaluation processes are over, cannot be shied off
under any law or avowed principle of privacy.
516 to 529
(xix) Whether information like date of birth, marks secured at various levels,
whether passed NET and SET in respect of candidates called for
interview is exempted fromdisclosure under Section 8(1)(d)(e) and (j)
of RTI Act? - Yes.
600 to 602
(xx) Whether copies of evaluated answer scripts are exempted from
disclosure under Section 8(1)(e) & (j) of RTI Act? No.
704 & 705
(xxi) Whether provisions of Right to Information Act 2005, could supplant
the provisions in Order XI Rule-14 CPC in the pending suit? No.
713 & 714
(xxii) Whether information can be refused quoting internal manual? No.
Post-facto transparency cannot be dispensed with and cannot be
objected to by the Commission.
Answer keys are a fundamental fact to decide whether the evaluation
process has been done fairly or not and every citizen and every student
has a right to know that.
771 to 773
(xxiii) Under RTI Act the dispute between Central Information Commission
and U.P.S.C. is relevant only between themand in no way binding on
any issue covering Tamil Nadu PSC.
774 & 775
(xxiv) Ground urged for denial of information under Section 8(1)(d) cannot be
used to deny the supply of marks obtained by the candidate after the
selection is over. Since the selection is based on marks, disclosure of
marks in no way can alter the selection and hence interest of
competitive position of 3
rd
party viz., the other candidates.
776 to 778
(xxv) The powers and responsibilities of SPIO and that of 1
st
Appellate
Authority under the Act are quite distinct and separate. They are to take
decision quasi judicially independently without being dictated by
others. Since, SPIO being the lowest forum for disclosure of
information and his decision is to be reviewed in appeal by 1
st
Appellate
Authority they are not accountable individually for each others action.
780 to 785
(xxvi) Whether information relating to preliminary inquiry started by the
Vigilance Commission can be refused under Section 8(1)(e)&(h) of RTI
Act? No.
Only information relating to investigation initiated by the Vigilance
Commission is exempt fromdisclosure under Section 8(1)(h) RTI Act.
Difference between Vigilance inquiry and Vigilance investigation -
Explained.
849 to 857