STATE OF MYSORE versus R. V. BIDAP

STATE OF MYSORE versus R. V. BIDAP

The Supreme Court held that the office of Chairman is a distinct office from that of a member of the Public Service Commission. Therefore, when a member is appointed Chairman, a fresh term of six years commences from the date of assumption of the Chairman's office, subject to the age limit specified in Article...

Source-derived case information.

Parties
Appellant: State of Mysore; Respondent: R. V. Bidap
Jurisdiction
India
Judgment Date
03 September 1973
Procedural Posture
Civil Appeal / Supreme Court of India Appeal From Judgment and Order of Mysore High Court in Writ Petition No. 774 of 1973, Dated June 4, 1973
Outcome
Appeal dismissed.
Legal Topics
Tenure of Public Service Commission Members, Appointment and Reappointment of Chairman and Members, Interpretation of Articles 316, 317, 319 of the Constitution, Public Employment and Disqualifications
Constitutional Law Administrative Law Tenure of Public Service Commission Members Appointment and Reappointment of Chairman and Members Interpretation of Articles 316, 317, 319 of the Constitution Public Employment and Disqualifications

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Parties

State of Mysore

Appellant

R. V. Bidap

Respondent

Procedural Posture

Civil Appeal / Supreme Court of India Appeal From Judgment and Order of Mysore High Court in Writ Petition No. 774 of 1973, Dated June 4, 1973

Legal Issues

  1. 1 Whether the office of member and office of Chairman of a Public Service Commission are distinct for the purposes of calculating the period of tenure under Article 316(2) of the Constitution of India.
  2. 2 Whether a member elevated to Chairman is entitled to a fresh period of six years from the date of assumption of the Chairman's office.
  3. 3 Whether such elevation is barred as 're-appointment' under Articles 316(3) and 319 of the Constitution.

Ratio Decidendi

The Supreme Court held that the office of Chairman is a distinct office from that of a member of the Public Service Commission. Therefore, when a member is appointed Chairman, a fresh term of six years commences from the date of assumption of the Chairman's office, subject to the age limit specified in Article 316(2). Articles 316(3) and 319 do not prohibit such an appointment; the disability for reappointment attaches to the same office and not to a different office within the Commission. On becoming Chairman, the individual relinquishes the office of member, enabling appointment under Article 319(d).

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed with costs.