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1992 Supreme(SC) 164

KULDIP SINGH, R.M.SAHAI, S.R.PANDIAN
Karnataka Public Service Commission: Y. C. Shivakumar – Appellant
Versus
B. M. Vijaya Shankar – Respondent


Advocates:
D.B.VOHRA, E.C.Vidya Sagar, KIRAN SURI, L.R.SINGH, LALITA KAUSHIK, M.VIRAPPA, N.S.DAS BEHL, NOBIN SINGH, P.P.TRIPATHI, R.N.NARASIMHA MURTHY, S.K.KULAKARNI, SURYA KANT SHARMA

JUDGMENT

R. M. SAHAI, J.:- Does the rule of natural justice has no exception? Is denial of opportunity of hearing, in every circumstance, arbitrary? The State of Karnataka and the Public Service Commission, through these appeals, seek answer to these questions. They are aggrieved by directions, issued by the Karnataka Administrative Tribunal, to get the answer books of candidates evaluated who in the competitive examinations conducted by the Commission for the State Civil Service for categories A and B post, were guilty of writing their roll numbers not only on the front page of the answer books, in the space provided for it, but even at other places in disregard of instructions issued by the Commission. Basis for the direction was failure of the Commission to afford any opportunity to the candidates to explain their bona fide and innocence therefore it was arbitrary and it entailed grave consequences for those who were aspirants for entering into public service.

2. Power and authority of the Commission to hold examinations, regulate its working and functioning, take action against erring candidates guilty of misconduct are all provided for by the rules and instructions issued in ex
















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