Judgements Compiled by Gonal Bhimiaha

8/11/2019 Judgements Compiled by Gonal Bhimiaha

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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 Judgments pertaining to Public Service Commissions. Realising the

usefulness and utility of Volumes I, II and III of Compilation of Judgments brought out

by the Karnataka Public Service Commission, the 12th National Conference of

Chairpersons of State Public Service Commissions held on 20th

and 21stFebruary 2010 at

New Delhi, entrusted the task of bringing out Volume-IV of Compilation of Judgments

having a bearing on the role and functioning of the Public Service Commissions to theKarnataka Public Service Commission once again. I sincerely thank them for reposing

faith in Karnataka Public Service Commission.

As in the case of earlier three volumes care has been taken to include in thisCompilation 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 UnionPublic 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 Jubilee 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 hehighlighted various aspects of the functioning of Public Service Commissions. His

address has been included under Journal Section of this IV Volume of Compilation.

I thank the Chairman of the 12th 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. Ialso 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 andChairman of 14thNational Conference of State Public Service Commissions for having

kindly agreed and released this book on the occasion of the 14thNational Conference held

on 9th& 10thFebruary 2012 at Ajmer, Rajasthan.

(GONAL BHIMAPPA)

Chairman,

Karnataka Public Service Commission,Bangalore.


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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 18thMay, 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 beinginfluenced 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 LeeCommission had strongly pleaded that the Commissioners must be detached so far as

practicable from all 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 from political

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

from a 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 term but 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,


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accountability and responsiveness. Today, Governance is a term that has come to signify

a traverse beyond government and a means to transform the 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 problem facing 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 Jawahar 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 them have

too many elements making them impracticable 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


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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 system of 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 system is 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 from where 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


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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


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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. Freedom of 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 am not 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 reform process 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


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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 from the 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 forum for exchange of ideas and experience wit one another would be of

immense help in improving the functioning of the Commissions by learning from each

others experience. This gave birth to the National Conference of Chairpersons of Public

Service Commission From 1999 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 Judgments 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 from the 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 from our past

experiences and feed backs and also through re-engineering of processes. We have to be


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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 am sure 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 Jubilee 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. From that 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.

JAI HIND


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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.

Assam Public 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 60215.

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


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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 theapplication properly. For his failure to do so the petitioner has onlyhimself 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 him against 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 ofselected 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


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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 hasnot.

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 interim order which has the effect of granting the final relief isdeprecated.

An interim order 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 interim stage. 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 maintainand 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


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(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 ofjudicial 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 thepurpose 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 interim stage.

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 claim as

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 them put together?

It must be on basis of classification of vacancies arrived at by different

department, as per roster points maintained by them, category-wise andnot on basis of total number of vacancies of all departments put

417 to 426


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together.

(xvii) Whether rejection of claim for 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 thetime of personality test is valid? Yes.

The claim for 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 from personal 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 from such 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 whim and fancies, it will lead to a hazardous situation

and while getting appointment also, it will give a right to them or it will

give rise to a situation wherein a new recruit, as a matter of right, canclaim any 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/Unreservedcategory 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 Actwhich provides for identification of posts in the establishment for

appointment? No. Reservation under Section 33 of the Act is notdependent on identification of the posts. Posts have to be identified for

42 to 50


15/24

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 from two 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 him against 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.





244 to 270

(vii) Whether candidates claiming reservation under SEBC category can

claim to be selected under G.M. category on their failure to produce non

creamy layer certificate in support of claim of 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 purposesWhether 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 them put 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 claim for 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 claim for reservation under Category II-A or III-B being income

438 to 444


16/24

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 from 1st standard to SSLC entails rejection of claim of 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 claim as 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 (horizontalreservation) communal reservation (vertical reservation) has to be

followed? No.

495 to 499

(xv) Whether rejection of candidature for non compliance with regard toformat 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 wouldlead 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 toselection 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 leastone shall be a specialist in the particular field for assessinglocomotors/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 Junior Engineer on the

basis of their own roster, independent of the roster prepared and

furnished by the Government, any recommendation made by theCommission 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


17/24

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 byGovernment Order dt: 26.2.1999 and selection on that basis to the post

of Civil Judge (Jr.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 recruitmentrules? 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 Joint 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


18/24

(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 from appearing in Civil Services

Examination for furnishing wrong/misleading information in theapplication 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

form carefully 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 isincomplete 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 anecessary 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.





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 theCommission? - 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


19/24

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 inpreference to those formulated by professional men possessing technicalexpertise.

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 candidatesfor 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 cannotchallenge 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 todiscrimination? No.

Discrimination in prescribing maximum age 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 anauthority 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


20/24

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 theselection process can challenge the selection of a selected candidate onthe 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-

VIIAppointment

(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 bespecifically 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


21/24

quota? No.

Unless the petitioners are eligible under the rules, they cannot claim as

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 maximum age limit for recruitment to the

State Civil Services is not based solely on the ground of place ofresidence. 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 from 1stJuly to January 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 claim enhancement 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 quantum of reservation and

cannot be made the basis to grant accelerated seniority.

If the selection is made in one selection and the names are arrangedaccording 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


22/24

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-

XIIDisciplinary 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) Quantum of 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-

XIIIComposition, 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 exactbut 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 StateGovernment 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 keepthem away from political influence or influence to make appointment in

violation of Article 16 of the Constitution of India.

821 to 830

Chapter-

XIVRight 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 form of 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 from disclosure under

Section 8(1)(g) RTI Act? Yes. That protection needs to be provided

96 to 98


23/24

to the officers of sensitive Department such as Vigilance Department in

performing their duties from the 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 ofRs.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 theexamining 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 from disclosure 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 from disclosure 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 from disclosure under RTI Act?

Names of Members of the Interview Board are not exempt but names ofthe Experts are exempt from disclosure 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 theauthorities 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


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the same employer is not exempt from disclosure 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 andinterview can be refused on the ground that RTI is not applicable to PSC

or that the information is exempted from disclosure 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 theexamination 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 from disclosure 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 evaluationprocess 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 them and 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 3rdparty viz., the other candidates.

776 to 778

(xxv) The powers and responsibilities of SPIO and that of 1st Appellate

Authority under the Act are quite distinct and separate. They are to takedecision 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 1stAppellate

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 from disclosure under Section 8(1)(h) RTI Act.

Difference between Vigilance inquiry and Vigilance investigation -

Explained.

849 to 857

Documents

Judgements Compiled by Gonal Bhimiaha