JASWANT SINGH NERWAL ETC. versus STATE OF PUNJAB AND ORS. ETC.

JASWANT SINGH NERWAL ETC. versus STATE OF PUNJAB AND ORS. ETC.

Selection is not vitiated merely because candidate's father was a commission member, provided he abstained from his son's interview and no mala fide is shown; change of preference for post is valid if intimated and approved before result declaration.

Parties
Appellant: V.M. Bansal; Appellant: Jaswant Singh Nerwal; Respondent: State of Punjab and Ors.; Advocate: Anil Dev Singh; Advocate: P.P. Rao; Advocate: O.P. Sharma; Advocate: Janinder Lal; Advocate: N.S. Das Bahl; Advocate: R.C. Gubrela; Advocate: R.S. Suri; Advocate: R.S. Sodhi; Advocate: M.S. Dhillon
Jurisdiction
India
Judgment Date
14 February 1991
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court, Post Special Leave
Outcome
C.A. No. 833/77 allowed; C.A. No. 334/78 dismissed.
Legal Topics
Selection Process Validity, Bias in Public Service Commission, Rules for Change of Preference, Natural Justice, Conduct of Viva Voce
Public Service Administrative Law Selection Process Validity Bias in Public Service Commission Rules for Change of Preference Natural Justice Conduct of Viva Voce

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Parties

V.M. Bansal

Appellant

Jaswant Singh Nerwal

Appellant

State of Punjab and Ors.

Respondent

Anil Dev Singh

Advocate

P.P. Rao

Advocate

O.P. Sharma

Advocate

Janinder Lal

Advocate

N.S. Das Bahl

Advocate

R.C. Gubrela

Advocate

R.S. Suri

Advocate

R.S. Sodhi

Advocate

M.S. Dhillon

Advocate

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court, Post Special Leave

Legal Issues

  1. 1 Whether the change of preference by the candidate was valid and timely
  2. 2 Whether presence of candidate's father as commission member vitiates selection due to bias
  3. 3 Whether candidate's selection should be quashed for alleged influence

Ratio Decidendi

Selection is not vitiated merely because candidate's father was a commission member, provided he abstained from his son's interview and no mala fide is shown; change of preference for post is valid if intimated and approved before result declaration.

Court Disposition

C.A. No. 833/77 allowed; C.A. No. 334/78 dismissed.

Orders

  • Civil Appeal No. 833 of 1977 allowed; Civil Writ Petition No. 1172 of 1974 stands dismissed.
  • Civil Appeal No. 334 of 1978 dismissed affirming the dismissal of Writ Petition No. 1860 of 1975.