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1994 Supreme(SC) 712

SUPREME COURT OF INDIA
S. MOHAN, B.P. JEEVAN REDDY AND S.P. BHARUCHA, JJ.
Pritpal Singh, Appellant
Versus
State of Haryana and others, Respondents.
Civil Appeals Nos. 5027-36, 5037, 5038-49, 5050, 5051, 5052, 5053 with 5054 of 1994 (arising out of S.L.P. (Civil) Nos. 7798-807, 12573 and 14307-18 of 1992 with 1261, 1262, 3417, 17694 and 8983 of 1993)
Decided on 27-7-1994.
WITH
Ram Niwas, Appellant
Versus
State of Haryana and others, Respondents
WITH
Rajinder, Appellant
Versus
State of Haryana and others, Respondents
WITH
Har Gopal Yadav, Appellant
Versus
State of Haryana and others, Respondents
WITH
Head Constable Hans Raj, Appellant Versus
State of Haryana and others, Respondents
WITH
Phool Singh and another, Appellants
Versus
State of Haryana and others, Respondents
WITH
Jat Bhagwan Singh Mann, Appellant
Versus
State of Haryana and others, Respondents
WITH
Dinesh Yadav, Appellant
Versus
State of Haryana and others, Respondents.
Advocates appeared
Mr. V. Shekhar, Mr. R. K. Bhatt, Mr. K. K. Mohan, Mr. Ravidner Bana, Mrs. Amita Gupta, Mr. Prem Malhotra, Mr. Pardeep Gupta, Advocates, for Appellants; Mr. Deepankar Gupta, Solicitor General and 415 Mr. Satish Chandra, Mr. Govind Mukhety, Mr. K. Madhava Reddy, Sr. Advocates, Mr. Mahesh Babu, Mr. Maninider Singh, Mr. Raj Kumar Gupta, Mr. Rajesh, Mr. Rishikesh, Mr. Mahabir Singh and Ms. Indu Malhotra, Advocates with them, for Respondents.
From judgment and order of Punj. & Har. High Court in L.P.A. Nos. 273, 291, 391, 287 to 290 and 292-94 of 1992, dated 17-2-92, 21-2-92, 13-3-92 and 26-2-1992.

Advocates:
AMITA GUPTA, DIPANKAR GUPTA, GOBINDA MUKHOTY, Indu Malhotra, K.K.Mohan, K.Madhava Reddy, Mahabir Singh, MAHESH BABU, MANINDER SINGH, PRADIP GUPTA, PREM MALHOTRA, R.K.BHATTACHARJI, RAJ GUPTA, Rajesh Agarwal, RAVINDER BANA, RISHI KESH, SATISH CHANDRA AGRAWAL, V.SHEKHAR

Headnote:

Constitution Of India,1950 - Paying Fee - Advertisement - Haryana Subordinate Services Selection Board now called Board issued an advertisement inviting applications for appointment Assistant sub-Inspectors of Police in State of Haryana- Intending candidates were informed that they would have to appear in two written examinations marks each and they obtained more marks or more for Scheduled Caste and Backward Class Candidates would be called for physical test and an interview- They were also informed that successful candidates would have to qualify in three out of four tests two races and an high and a long jump - advertisement specified posts because at that point of time State Government had made a requisition upon Board for February there were supplemental requisitions so that total number of posts for which recommendations had to be made by Board became Board observe that large number of answer books of following posts has been lying in office for some time past and lot of space has been covered in this way –Held, Board is directed to preserve answer papers of candidates and tabulations of marks made by examiners for at least three months after declaration of results selection- All records of Board itself pertaining selection shall be maintained in files or registers chronologically and these shall also be preserved for aforesaid period examinations shall state that all candidates who had applied in response advertisement and who had been found qualified shall be entitled to appear- Advertisement shall be issued on before advertisement shall be state that those from among aforesaid candidates who intend to appear at written examination shall so intimate to Board on or before - written examination shall be held on and evaluation of marks obtained thereat shall be completed on or and marks obtained shall be published in three prominent daily newspapers having a large circulation in State of Haryana in addition of being displaced on Boards noticed board- Candidates shall be called for physical test on - Candidates who qualify thereat shall be called for interview on results of final selection shall be published on or before three daily newspapers aforementioned and also displayed on Boards notice board - Appeals allowed

JUDGMENT

BHARUCHA, J.:- Special leave granted.

2. These civil appeals are directed against the orders of various Division Benches of the High Court of Punjab and Haryana, all of which found no ground to interfere with the judgment of a learned single Judge whereby the writ petitions filed, inter alia, by the present appellants were dismissed. In substance, therefore, it is the judgment and order of the learned single Judge which is under challenge.

3. The Haryana Subordinate Services Selection Board (now called "the Board") issued an advertisement inviting applications for the appointment of 40 Assistant sub-Inspectors of Police in the State of Haryana. Intending candidates were informed that they would have to appear in two written examinations of 100 marks each and, if they obtained 50% or more marks (40% or more for Scheduled Caste and Backward Class Candidates), would be called for a physical test and an interview. They were also informed that successful candidates would have to qualify in three out of four tests, viz., two races and an high and a long jump. The advertisement specified 40 posts because at that point of time the State Government had made a requisition upon the Board for 40 posts. On 1st February and 10th April, 1990, there were supplemental requisitions so that the total number of posts for which recommendations had to be made by the Board became 98.

4. A total of 3963 candidates were called to appear for the written examinations held on 19th February, 1989 and 2169 appeared. On 11th August, 1989, the results of the written examinations were declared; 537 candidates qualified and were called for the physical test. Of these 206 qualified and were called to be interviewed. Interviews were held between 25th and 29th August, 1989, except for one candidate who was interviewed on 3rd September, 1989.

5. On 27th October, 1989, the Board resolved to destroy the answer-books of the written examinations. The resolution read :

"Board observe that the large number of answer books of the following posts has been lying in the office for some time past unwantedly and lot of space has been covered in this way.

Sr.No. Name of the post Department

1. Taxation Inspector Excise &Taxation

2. A.S.I. Police

We are in shortage of space as we have invited applications for various posts recently. The space is badly needed for keeping these applications.

As such the Board decides to destroy the answer-books of the above said posts as the result of the written examination in their cases have since been declared on 15-9-89 and 11-8-89 respectively. The candidates could get their answer-book rechecked by paying fee of Rs. 15/- for each paper within one month from the date of declaration of result of the written examination of these posts, i.e., 14-10-89 and 10-9-89, respectively. As there is no space to keep such a large number of answer-book of candidates for these posts in the office, it has become essential to dispose of/distroy them at once. As such the Board after taking the decision as above has destroyed all the answer-books of the candidates of above said examination today, i.e., 27-12-1989.

Sd/- Sd/-

Anand Singh Dangi Sukh Dev Singh

Chairman 27-12-89 Member 27-12-89

Sd/- Sd/-

Bachha Ram Samey Singh Kam po/ Member 27-12-89

Member 27-12-89

Sd/- Sd/-

Nirpal Malik Devil Dayal Member 27-12-89"

Member 27-12-98

(Emphasis supplied)

6. On 29th January, 1990, respondent No. 3-A, Anand Singh Dangi, resigned as Chairman of the Board. He was replaced on 6th April, 1990 by one Bani Singh. On the same day, i.e., 6th April, 1990, the results were declared by the Board. Thirty-nine candidates were then recommended for appointment to the State Government. On 11th April, 1990, twelve candidates were recommended. On 25th April, 1990, one candidate was recommended. On 15th June, 1990, six candidates were recommended. On 31st July, 1990, one candidate was recommended. On 17th June, 1991, two candidates were recommended. On 14th November, 1991, one candidate was























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