FOREWORD
I feel both glad and proud to bring out this Volume II of Compilation of Judgments pertaining to Public Service Commissions immediately after the inauguration of the new office building of the Karnataka Public Service Commission 'Udyoga Soudha' built in commemoration of the golden Jubilee Year 2005 of the Karnataka Public Service Commission within tow years of brining out volume I of the Compilation of Judgments. I deem it as proof of appreciation of Volume I of Compilation its content as well as form. Volume I of Compilation was brought out by Karnataka Public Service Commission pursuant to the Resolution passed at the 6th national conference of Chairmen of State Public Service Commissions held in February 2003 at Bhopal, Madhya Pradesh. This Volume II of Compilation has been brought out by the Karnataka Public Service Commission pursuant to Resolution passed at the 8th National Conference of Chairmen of State Public Service Commissions held on 5th and 6th September, 2005 at Srinagar, Jammu and Kashmir.
Care has been taken to include judgments covering wide range of issues of fact as well as law that confront the Public Service Commissions in their role and functioning as Selecting Authorities in this Compilation.
In this Compilation, 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 both Public Service Commission-wise Index and Subject-wise Index are given. Full text of judgments reported in Law Journals which have all India circulation like A.I.R (All India Reporter), S.C.C. (Supreme Court Cases) and S.L.R. (Service law Reporter) are not printed but only citation with gist of each judgment is given as in Volume I of Compilation.
I thank Union Public Service Commission for removing shortcomings in volume I of Compilation by providing subject-wise Index. I thank the Chairman of 8th National Conference of State Public Service Commission Sri. M.S. Pandit, then Chairman of UPSC and my brother Chairmen of various State Public Service Commissions, for having entrusted the responsibility of brining out volume II of Compilation also. I also thank various State Public Service Commissions who have assisted the Karnataka Public Service Commission in brining out this book by sending copies of judgments relevant to the functioning of the Public Service Commissions.
I thank Dr. S.R.Hashim, Chairman of Union Public Service Commission and Chairman of 9th National Conference of State Public Service Commissions for having graciously agreed and released this book on the occasion of the 9th Conference held on 4th and 5th March 2006 at 'Udyoga Soudha' Bangalore, Karnataka.
Dr. H.N.Krishna
Chairman,
Karnataka Public Service Commission
Subject-wise Classification of various Judgments pertaining to PSCs
Subject-wise classifications of various judgments pertaining to PSCs
| Subject | Page No. | |
| Chapter I | Appointment | |
| (i) | Delay and laches in approaching the authorities for remedy | 35 to 39 |
| (ii) | Candidates for recruitment on their selection do not acquire any right to the post | 49 to 53 |
| (iii) | Suppression of material information entails cancellation of appointment | 57 to 58 |
| (iv) | Experience qualification gained on the basis of an order which was quashed subsequently | 94 to 102 |
| (v) | Appointment order issued to selected candidates after terminating services of adhoc employees | 121 to 176 |
| (vi) | Whether selection and recommendation made by Bihar PSC is binding on State of Jharkhan?-No | 252 & 253 |
| (vii) | Cancellation of appointment obtained by misrepresentation | 282 |
| (viii) | Irregularities in selection process | 452 to 456 |
| (ix) | Whether selection made by the Selection Board not properly constituted is valid?-No | 569 to 570 |
| (x) | Non availability of candidates from reserved category - whether those posts can be filled up from General category - Binding precedent | 573 & 574 |
| Chapter II | Age Relaxation | |
| (i) | Age relaxation is prerogative of the Government | 54 to 56 |
| (ii) | Minimum age of 25 years prescribed for Judicial service is relaxed to 21 years | 105 to 110 |
| (iii) | Power to relax age for appointment or maximum age for appointment or the power to fix a cutoff date for appointment is vested with the Government | 241 & 242 243 to 251 |
| (iv) | 2 years relaxation was given considering the fact that after the new State of Jharkhand came into existence in 2000 present recruitment was held in 2005 | 329 to 331 |
| (v) | Age relaxation is within the domain of the State Government | 577 to 578 |
| (vi) | in the advertisement only cutoff date for maximum age is prescribed but no cutoff date prescribed for minimum age | 646 to 649 |
| Chapter III | Short-comings in application | |
| (i) | Commission is within its right in rejecting the applications if the applications are not in strict compliance with the conditions and stipulations contained in the advertisement/notification | 225 to 230 |
| Chapter IV | Confidential Report | |
| (i) | When benchmark prescribed is 'Very Good' for next promotion whether grading of Officer as 'Good' is adverse? | 3 to 23 |
| (ii) | Furnishing of documents considered by UPSC for selection to IAS-Whether privileged? | 24 to 26 |
| (iii) | Assessment of ACRs for selection by promotion | 508 to 512 |
| (iv) | Interse seniority to be considered for promotion | 513 to 516 |
| Chapter V | Eligibility | |
| (i) | Non-production of proof of essential qualification entails rejection of application | 225 to 230 |
| (ii) | Merely because a person is allowed to appear in the examination he does not acquire any right to be considered for appointment if he does not possess the requisite qualification | 274 to 281 |
| (iii) | To be eligible to be appointed as a teacher prior recognition of the Institute conducting the Training examination by NCTE is a must | 284 to 290 293 to 328 334 |
| (iv) | Court cannot relax the eligibility of a candidate if he does not satisfy the requisite eligibility on the cutoff date | 434 to 441 497 to 503 504 to 507 |
| (v) | Date of determining the eligibility for promotion | 517 to 520 |
| (vi) | Selection for 2 posts of Assistant Directors | 521 to 528 |
| Chapter VI | Examination | |
| (i) | Scaling method - Court would normally extend the benefit of relief to only those who have approached the Court | 177 to 208 |
| (ii) | Re-scheduling of examination by PSC | 283 575 & 576 |
| (iii) | Furnishing of marks sheets | 291 to 292 |
| (iv) | Candidature rejected as qualification certificate not produced | 332 & 333 |
| (v) | Examination malpractice | 337 to 376 |
| (vi) | Examination malpractice - Enquiry - Penalty | 377 to 398 |
| (vii) | Errors in question paper | 413 & 414 |
| (viii) | Violation of Instructions to Candidates | 419 to 420 |
| (ix) | Retotalling of marks | 421 & 422 |
| (x) | Debarment for producing forged certificate of ST | 425 to 427 |
| (xi) | Fixing of minimum marks in each subject in the written examination | 442 to 445 |
| (xii) | Mistakes in the question papers | 476 to 486 |
| (xiii) | Holding of preliminary examination when rules do not provide for that - valid? | 551 to 555 |
| (xiv) | Examination malpractice - principles governing holding of enquiry | 593 to 600 |
| (xv) | Scaling technique in valuation | 615 to 620 621 to 628 |
| (xvi) | Review of answer scripts and marks given in the personality test | 702 to 705 |
| (xvii) | Revaluation of answer scripts | 706 to 711 |
| Chapter VII | Qualification | |
| (i) | State Government cannot prescribe any qualification less than the qualification prescribed by the Central Government under M.V.Act for appointment of Officers | 29 to 34 |
| (ii) | Candidate who does not possess prescribed qualification is not eligible for appointment even if successful in the competitive examination | 40 to 48 |
| (iii) | Commission is within its right in rejecting the applications if the applications are not in strict compliance with the conditions and stipulations contained in the notification | 225 to 230 |
| (iv) | Experience qualification means experience gained only after obtaining essential qualifications for the post | 231 to 238 |
| (v) | Candidature rejected as qualification certificate not produced | 332 to 333 |
| (vi) | Interview letter cancelled as candidate did not possess essential qualification prescribed | 446 & 447 492 & 493 |
| (vii) | Eligibility of the candidate shall be considered on the basis of qualification possessed by him on the last date of submission of application. | 588 to 590 |
| (viii) | Candidate cannot apply for the post in the expectation of passing the examination prescribed during the course of preliminary/final examination | 655 to 658 |
| (ix) | Experience qualification means only experience/research experience gained in full time employment/research after acquiring minimum requisite qualification | 697 to 701 |
| Chapter VIII | Recruitment | |
| (i) | Cutoff marks for being called for viva-voce | 61 to 63 |
| (ii) | Revision of select list | 64 to 74 |
| (iii) | Irregularities in recruitment process | 82 to 86 |
| (iv) | Recruitment Rules in force when selection process started would apply | 89 & 90 |
| (v) | Reservation certificate to be valid if required to be issued by the competent authority | 91 to 93 |
| (vi) | Number of vacancies can be increased after issue of notification during selection process | 111 to 118 |
| (vii) | Making false statement in application entails rejection of application | 411 & 412 |
| (viii) | Physical efficiency test and physical test- fresh test sought for - rejected | 415 & 416 |
| (ix) | Validity of Rank List | 417 & 418 |
| (x) | Cancelling interview letter for not possessing the prescribed qualification | 446 & 447 |
| (xi) | Application rejected for not possessing prescribed qualification | 448 to 451 |
| (xii) | Short-listing of candidates to be called for interview - expression 'normally' gives discretion to PSC. | 459 to 465 466 to 471 |
| (xiii) | Amendment of Recruitment Rules | 472 to 475 |
| (xiv) | Standard fixed for selection | 487 to 491 |
| (xv) | Educational qualification | 492 to 494 655 to 658 |
| (xvi) | Selection by promotion | 497 to 503 504 to 507 |
| (xvii) | Selection of 2 posts of Assistant Director of Forensic | 521 to 528 |
| (xviii) | Whether minimum marks can be fixed for viva voce test by PSC? - No | 531 to 538 |
| (xix) | Whether procedure prescribed for the recruitment to the post of Assistant Surgeon - valid? - Yes | 539 to 545 |
| (xx) | Short listing of candidates for interview | 546 to 550 558 to 568 |
| (xxi) | Selection made on interview and considering the merits, career etc., | 556 & 557 |
| (xxii) | Ratio of candidates to be called for interview | 591 & 592 |
| (xxiii) | Promotion of non selection post | 603 to 612 |
| (xxiv) | Selection on the basis of qualification and experience - candidate appeared for interview cannot be question the process of interview | 631 to 638 |
| (xxv) | Operation of the select list - Recommendations of PSC are accepted by the State Government selectees acquire vested rights and their appointments obtain finality | 650 to 654 |
| (xxvi) | Ad hoc Lecturers have no locus standi to question the eligibility fixed for the post of Lecturers and the percentage of reservations | 659 to 684 |
| Chapter IX | Reservation | |
| (i) | 5 % reservation under sport quota | 75 & 76 |
| (ii) | Reservation for physically handicapped - Loco motor disability | 77 to 81 |
| (iii) | Non-availability of candidates from reserved category whether filled from General category? - no | 573 & 574 |
| (iv) | Reservation for physically handicapped category - preliminary examination is only an examination for short listing and at that stage PH candidates cannot ask for declaration of result treating them as persons belonging to different categories of SC, ST, OBC etc. | 579 to 587 |
| (v) | Petitioners being not erstwhile U.P. employees have no locus standi to question reservation order of Uttaranchal Government dated 18.07.2001 | 659 to 684 |
| (vi) | Cancellation of caste certificate after holding enquiry held valid | 685 & 686 |
| (vii) | Reservation for physically handicapped persons | 712 to 716 |
| Chapter X | Rules, Functions and Regulation of PSC | |
| (i) | Regulation of PSC Pay of Chairman & Members | 211 to 222 |
| (ii) | Composition of Public Service Commission - Mere appointment of a Chairman and a Member is not sufficient to create PSC of the State | 254 to 270 |
| (iii) | Jurisdiction of Administrative Tribunal - Tribunal is the Court of first instance in relation to recruitment to any civil service or civil post of the State - | 405 to 408 |
| (iv) | Disciplinary enquiry - non-observance of legal requirement vitiates disciplinary enquiry. | 428 to 433 |
| (v) | When a rule is not in conformity with the Act the provisions of the Act would prevail | 603 to 612 |
| (vi) | Candidates selected by U.P. PSC prior to formation of Uttranchal cannot be appointed by State of Uttranchal in view of UP Reorganisation Act 2000 | 641 to 645 |
| (vii) | Validity of pay scales of UP PSC employees | 689 to 694 |