KRISHAN YADAV AND ANOTHER versus STATE OF HARYANA AND ORS.

KRISHAN YADAV AND ANOTHER versus STATE OF HARYANA AND ORS.

Selection of Taxation Inspectors by the Haryana Subordinate Selection Board in 1988-89 was vitiated by fraud, irregularities, favoritism, and ministerial interference, as confirmed by the CBI report. Entire selection is quashed as arbitrary and illegal; individual innocence cannot validate a process fundamentally tainted by systematic abuse and fraud.

Parties
Appellant: Krishan Yadav; Appellant: Ashok Kumar; Respondent: State of Haryana; Respondent: Haryana Subordinate Selection Board; Respondent: Excise and Taxation Commissioner, Haryana; Respondent: Selected Candidates (96 Nos.); Other: Civil Appeal Nos. 726 and 727 of 1993 participants; Other: Board Members (4)
Jurisdiction
India
Judgment Date
12 May 1994
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed; entire selection set aside
Legal Topics
Selection Process, Fraudulent Recruitment, Viva Voce Marks, Administrative Law, Penal Prosecution, CBI Investigation, Costs Against Public Officials
Service Law Selection Process Fraudulent Recruitment Viva Voce Marks Administrative Law Penal Prosecution CBI Investigation Costs Against Public Officials

Case Brief

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Parties

Krishan Yadav

Appellant

Ashok Kumar

Appellant

State of Haryana

Respondent

Haryana Subordinate Selection Board

Respondent

Excise and Taxation Commissioner, Haryana

Respondent

Selected Candidates (96 Nos.)

Respondent

Civil Appeal Nos. 726 and 727 of 1993 participants

Other

Board Members (4)

Other

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Validity of Selection of Taxation Inspectors by Haryana Subordinate Selection Board
  2. 2 Alleged fraud, favoritism, and destruction of records in recruitment
  3. 3 Excessive allocation for viva voce marks

Ratio Decidendi

Selection of Taxation Inspectors by the Haryana Subordinate Selection Board in 1988-89 was vitiated by fraud, irregularities, favoritism, and ministerial interference, as confirmed by the CBI report. Entire selection is quashed as arbitrary and illegal; individual innocence cannot validate a process fundamentally tainted by systematic abuse and fraud.

Court Disposition

Appeals allowed; entire selection set aside

Orders

  • Fresh selection to be conducted for 96 posts of Taxation Inspectors
  • Marks for written exam fixed at 200, viva voce not more than 25 (12.5%)