BIHAR PUBLIC SERVICE COMMISSION AND ORS. versus MANOJ KUMAR PANDEY AND ORS.

BIHAR PUBLIC SERVICE COMMISSION AND ORS. versus MANOJ KUMAR PANDEY AND ORS.

The decision for centralised valuation adopted by majority in Commission meeting remains valid unless rescinded by a formal resolution; appointment of examiners based on Rules of Procedure, 1993 and approval by a committee consisting of Chairman and two members is lawful and does not suffer from legal infirmity.

Parties
Appellant: Bihar Public Service Commission and Ors.; Respondent: Manoj Kumar Pandey and Ors.
Jurisdiction
India
Judgment Date
31 October 1996
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment Dated January 16, 1995 in C.w.j.c. Nos. 4504 and 4180 of 1994
Outcome
Appeal allowed; impugned judgment of the High Court set aside; writ petitions dismissed.
Legal Topics
Recruitment Process, Centralised Valuation of Answer Books, Appointment of Examiners, Decision Making in Multi Member Bodies
Service Law Administrative Law Recruitment Process Centralised Valuation of Answer Books Appointment of Examiners Decision Making in Multi Member Bodies

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Parties

Bihar Public Service Commission and Ors.

Appellant

Manoj Kumar Pandey and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment Dated January 16, 1995 in C.w.j.c. Nos. 4504 and 4180 of 1994

Legal Issues

  1. 1 Validity of Commission’s decision for centralised valuation of answer books adopted by majority
  2. 2 Legality of appointment of examiners based on committee panel as per Rules of Procedure, 1993

Ratio Decidendi

The decision for centralised valuation adopted by majority in Commission meeting remains valid unless rescinded by a formal resolution; appointment of examiners based on Rules of Procedure, 1993 and approval by a committee consisting of Chairman and two members is lawful and does not suffer from legal infirmity.

Court Disposition

Appeal allowed; impugned judgment of the High Court set aside; writ petitions dismissed.

Orders

  • Impugned judgment of Patna High Court set aside
  • Writ petitions dismissed