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SUPREME COURT OF INDIA
Mrs. SUJATA V. MANOHAR AND D.P. WADHWA, JJ.
Rasmiranjan Das, Appellant
Versus
Sarojkanta Behera and others, Respondents.
Civil Appeal No. 3497 of 1998 (arising out of S. L. P. (C) No. 107 of 1998), D/- 24-7-1998.
Rule 31(1) - Selection Committee - The court set aside the selection of the appellant to the post of clerk in Sailo Grama Panchayat High School based on the ground that one of the members of the Selection Committee was related to the appellant. However, the degree of relationship was remote by six degrees, and therefore, the appellant could not be considered a near relation as prohibited by Rule 31(1) of the Orissa Education Rules. The court allowed the appeal and set aside the order of the High Court.
Fact of the Case:
The High Court set aside the selection of the appellant to the post of clerk in Sailo Grama Panchayat High School based on the ground of a related member in the Selection Committee. The State affirmed that the selection was properly made after a written test and an interview.
Finding of the Court:
The court allowed the appeal and set aside the order of the High Court, as the degree of relationship between the appellant and the member of the Selection Committee was remote by six degrees, and the sole ground for setting aside the selection was not valid.
Issues: The issue was whether the selection of the appellant to the post of clerk in Sailo Grama Panchayat High School should be set aside based on the ground that one of the members of the Selection Committee was related to the appellant.
Ratio Decidendi: The court held that the degree of relationship between the appellant and the member of the Selection Committee was remote by six degrees, and therefore, the appellant could not be considered a near relation as prohibited by Rule 31(1) of the Orissa Education Rules.
Final Decision: The appeal was allowed, and the order of the High Court was set aside. No order as to costs was made since it was a Legal Aid matter.
JUDGMENT :- Leave granted.
2. The High Court has set aside the selection of the appellant to the post of clerk in Sailo Grama Panchayat High School only on the ground that out of five members of the Selection Committee, one of the members was related to the appellant. The State has filed an affidavit setting out that the selection was properly made after a written test and an interview. Rule 31(1) of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 prohibits participation in selection by a near relation of any candidate. In the present case, the degree of relationship between the appellant and the member of the Selection Committee is remote by six degrees. Therefore, the appellant cannot be considered as a near relation of the member of the Selection Committee. Since this is the sole ground for setting aside the selection by the High Court, we set aside the order of the High Court.
3. The appeal is accordingly allowed. In the circumstances, since this is a Legal Aid matter, there will be no order as to costs.
Appeal allowed.
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