Case Note & Summary
The dispute arose from the recruitment process for the post of Lecturer in Hindi conducted by the Haryana Staff Selection Commission. The appellant, a Scheduled Caste candidate with requisite qualifications, applied for the position but was not selected. Following the declaration of results, she sought information regarding the marks of other candidates under the Right to Information Act, 2005, but her requests were denied. The appellant's subsequent legal challenges highlighted that the Commission had destroyed the answer sheets in violation of its own policy. The High Court dismissed her petitions, leading to the appeal in the Supreme Court. The court found that the Commission's actions were arbitrary and unjustified, as they violated the established resolutions regarding record retention. The court emphasized the importance of preserving examination records for transparency and fairness in the selection process. Ultimately, the Supreme Court allowed the appeal, directing the Commission to conduct a fresh written test and interview for the appellant and other unsuccessful candidates, ensuring equal opportunity for all. The court mandated that this process be completed within four months, leaving the parties to bear their own costs.
Headnote
A) Administrative Law - Destruction of Examination Records - Violation of Policy - Haryana Staff Selection Commission Act, 2005 - The Commission's destruction of answer sheets shortly after the examination results violated its own resolutions, undermining the fairness of the selection process. The court directed a fresh examination to ensure all candidates, including the appellant, are considered fairly (Paras 19-20).
Issue of Consideration
Whether the Haryana Staff Selection Commission could destroy the answer sheets/papers of the written examination in violation of the policy decision taken vide resolution dated 1.10.1994.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the Haryana Staff Selection Commission to conduct a fresh written test and interview for the appellant and other unsuccessful candidates within four months.
Law Points
- Right to Information
- Recruitment Process
- Destruction of Records
- Fairness in Selection
- Judicial Scrutiny
