1. Selection for a clerk post set aside by the High Court due to a relationship between the candidate and a selection committee member. (Para 2 )
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1998 Supreme(SC) 690
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.
Important Points
The main legal point established in the judgment is that the degree of relationship between a candidate and a member of the Selection Committee must be considered in determining whether the candidate is a near relation as prohibited by Rule 31(1) of the Orissa Education Rules.
Subject
Administrative Law - Public Employment
Act Referred
Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991: R.31(1)
Headnote
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.
Legal Category Hierarchy
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administrative law
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service law
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recruitment
- selection committee (Para 2)
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recruitment
-
service law
Table of Contents
2. The State contended the selection was proper via written test and interview, disputing the impact of the relationship between the candidate and committee member. (Para 2 )
3. A relationship remote by six degrees does not qualify as a near relation under Rule 31(1) of the Orissa Education Rules, 1991. (Para 2 )
4. A remote relationship of six degrees does not constitute a near relation prohibiting participation in a selection committee under Rule 31(1) of the Orissa Education Rules, 1991. (Para 2 )
5. Appeal allowed and the High Court order setting aside the selection is set aside. (Para 2 , 3 )
6. Does a relationship remote by six degrees constitute a near relation under Rule 31(1) of the Orissa Education Rules, 1991?
No, a relationship remote by six degrees is not considered a near relation and therefore does not prohibit a member's participation in a selection committee. (Para 2 )
7. Can a selection be set aside solely on the ground of a remote relationship between a candidate and a selection committee member?
No, if the relationship is remote and does not qualify as a near relation under the applicable rules, it is not a sufficient ground to set aside the selection. (Para 2 )
8. What is the purpose of Rule 31(1) of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991?
Rule 31(1) prohibits the participation of a near relation of any candidate in the selection process. (Para 2 )
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.
