Case Note & Summary
The dispute arose from the recruitment of 71 officers in the Punjab Civil Services (Executive Branch) and Allied Services through a competitive examination conducted by the Punjab Public Service Commission. The appellant V.M. Bansal initially indicated his preference for the post of Excise & Taxation Officer but later requested a change to the Punjab Civil Service (Executive Branch) before the results were declared. His father, a member of the Commission, did not participate in the deliberations during Bansal's interview. The High Court quashed Bansal's selection due to concerns about potential bias from his father's presence. Bansal appealed against this decision, while another appellant, Jaswant Singh Nerwal, sought to be declared successful in the Punjab Civil Service instead of Bansal. The Supreme Court analyzed the selection process, emphasizing that the presence of Bansal's father did not constitute bias as he did not participate in the relevant deliberations. The Court noted that the change of preference was valid and that Bansal's selection was not improperly influenced. The Court ultimately allowed Bansal's appeal and dismissed Nerwal's appeal, affirming the validity of Bansal's selection and the change of preference. The Court also highlighted that the delay in the process made it inequitable to displace Bansal at this stage.
Headnote
A) Administrative Law - Public Service Commission - Change of Preference - Validity of Change - Punjab Civil Services (Executive Branch) Rules, 1930, Section Not Mentioned - The Court held that the change of preference by the candidate was valid as it was intimated and approved before the declaration of results. The presence of the candidate's father in the Commission did not influence the selection process adversely. (Paras 418-420).
Issue of Consideration
Whether the change of preference by a candidate in the Punjab Civil Services examination was valid and whether the selection process was influenced by bias due to a family member's involvement in the Commission.
Final Decision
The Supreme Court allowed Bansal's appeal, affirming his selection in the Punjab Civil Service and dismissing Nerwal's appeal, thereby upholding the validity of the change of preference and the selection process.
Law Points
- Change of preference
- Public Service Commission
- viva voce test
- bias
- selection process
